Decree 86/2012/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Measurements

Original Language Title: Nghị định 86/2012/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Đo lường

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THE GOVERNMENT.
Numbers: 86 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 19, 2012

DECREE
Detailed regulation and guidelines for some of the provisions of the Measure Law
____________________
Government Law Base December 25, 2001;
The Measure of Law Measures November 11, 2011;
At the suggestion of the Minister of Science and Technology;
The government issued a regulatory regulation and guidelines for the implementation of certain provisions of the Law of Measures,
This decree specifies the details and guidelines of some of the provisions of the Measurement Law; use of the metric unit; how to determine the disadvantages caused by the violation of measurement laws; the state examination of measurement; the funding of the home examination. It ' s about measurement.
This decree applies to organizations, individuals engaged in measurement activities in Vietnam.
In this decree, the words below are understood as follows:
1. The state examination of measurement is regular activity under the plan or breakthrough of the state agency with jurisdiction to review, assessing the suitcase of measurement standards, measures, measurements, the amount of available packaging, test operations, performance, and performance. Prepare, measure, measure, measure, with regulatory requirements.
2. The package-packed unit is available as a collection of one (01) packaging and the amount of goods contained in that packaging.
3. The average value of the amount of the package packaging is available as the average value of the amount of goods contained in the available packaged goods units and is determined when the state inspection of measurement.
1. The case of international treaties in which Vietnam is another regulated member with regulation at this decree applies the regulation of that international treaty.
2. Industry management, sector within the jurisdiction, its mandate to guide the use of specialized units according to the regulation of the international convention in which Vietnam is a member.
1. The measurement unit of the International System of Measure Units includes:
a) The basic measurement unit of Article 3 Article 8 of the Measurement Law;
b) The measurement unit consists of the units measured in Annex I issued by this decree;
c) Decimal, the decimal point of the basic measurement unit or the unit measurement unit is set by regulation at Annex II issued by this decree.
2. The definition unit is not part of the International System of Measure Units including:
a) The measure of international law specified in Appendix III is accompanied by this decree;
b) Special specialized measurement units, the unit measured by the set of rules in the country specified in Annex IV issued by this decree;
c) The measurement units are set up on a combination basis from the specified units of Article 1 This Article; from the specified units specified at this point of paragraph; from the specified units specified in Clause 1 and at Point 2 This.
1. To use, the unit measures the ordinance in the prescribed cases at paragraph 1 Article 9 of the Measurement Law.
2. The presentation of the measurement results, which represents the value of the quantity according to the regulatory unit that must comply with the regulations at Annex V issued by this decree.
3. The other measurement unit is used under the agreement, except for the specified case at 1 Article.
The dispute resolution case involving the use of a unit of measurement differs from a unit of measurement, which must be changed to a unit of measurement.
4. Product, method of measurement, engraved on another measurement unit that existed before this time of Protocol came into effect, and continues to be used.
5. The measurement results are determined directly by means of the prescribed measure at paragraph 4 if used for the specified cases at Clause 1 This must be specified in accordance with regulation at Article 7 of this decree and the specified presentation at paragraph 2 This.
1. The regulation of a number of other measures in accordance with the definition unit specified in Annex VI issued with this decree.
2. The statute of the other measured unit that has not been specified at the Appendix VI of this decree is specified as follows:
a) The regulation of the measurement units according to the domestic volume in the country led by the Minister of Science and Technology when required;
b) The regulation of the unit of measurement is not the unit measured by the domestic volume taken under the current "International System of Measure Units" (SI) (BIPM).
3. When the presentation of the value of the quantity, numeration, and unit measurement must be presented before, the number and other measures must be presented later and in parentheses.
The income inequality is the amount obtained by the violation of the measure in one of the following cases:
1. An unorthodox income from production, import, packaging sales that are available that the amount of packaged goods are at a minimum value less than the average value allowed by the measurement of the measurement techniques provided by the organization, the individual announced or by the Minister of Science and Industry. the rules of regulation;
2. The adverse income from the implementation of the measurement in purchase, sale of goods, service supply the amount of goods, that service has the wrong deviation exceeding the error limit allowed by the measurement of measurement techniques to the measurement due to the organization, the individual announced or by the ministry. The Ministry of Science and Technology.
1. The measure of the measure of measurement is the time from the beginning of the offence to the time the state agency has the authority to detect such violations of the organization, the individual.
2. The time of the beginning of the violation of the measure of measurement to entitlement of the regulation at Clause 1 Article 8 of this Decree is the closest time to the time the state agency has jurisdiction to detect violations and be identified in one of the times. the following point:
a) The timing of the sale of the available packaging goods is shown on the contract, the financial bill, the customs affidavit has confirmation;
b) The time of the inspection, the state examination of the previous closest measurement of the agency, the organization, the individual has jurisdiction over the amount of the available packaging.
3. The time of the start of the measure of the measure of measure of measurement to entitlement of regulation at paragraph 2 Article 8 of this decree is the closest time to the time the state agency has the authority to detect violations and be identified in one of the countries. The following time:
a) The time of the inspection, the state examination of the previous closest measurement of the agency, the organization, the individual has jurisdiction over the measurement;
b) The time of the previous predetermined test for the means of measuring the measurement;
c) The timing of the error of the measurement is noted by the means of measurement used to carry out the measurement or by the technical measure, the other transaction according to the regulation of the competent state agency.
1. The amount of packaging that is misaligned on measurement is the total number of packaging units available for sale during the time of the violation of the law on measuring personnel with the lack of violation.
The amount of deficiency caused by the breach is calculated by the value given to the average value minus.
2. Volume, commodity, false service when performing the measurement is calculated by the total amount of goods, services purchased, sold, supply during a time of violation of the law on the measurement of the nucleus with an error or lack compared to the measurement of measurement techniques.
An excess error or lack of the measurement of the measurement technique is a false value when a test minus the error limit allows for the corresponding measurement result.
1. The price of packaged goods, goods, other services that have been purchased, sold, provided through the implementation of the measurement defined in the following order of preference:
a) The actual transaction price, listing price or writable price on the contract or the purchase invoice or the import sheet;
b) The market price for goods, services at the site of the detection of the breach according to the price notification of the local financial authority;
c) The valuation of the Board of Valuation is due to the agency, who has the authority to execute the administrative penalty in accordance with the rule of law on the disposal of administrative violations.
2. The price of packaged goods, goods, other services that have been purchased, sold, provided through the implementation of the measurement is determined to be the average price of the price at the time of the start of the breach and price at the time of the breach of the breach.
The amount of the financial gain due to the violation of the measure of measurement is calculated by the amount of goods, the misalignment of the measured measurement at Article 10 multiplied by the price specified in accordance with Article 11 of this decree.
1. The Ministry of Science and Technology is responsible for organizing a state inspection of measurement within the country.
The General Directorate of Quality Measures Quality helps the Ministry of Science and Technology, in coordination with the agency, the organization is involved with:
a) A regular examination of a plan or a mutation for test activity, calibration, testing, measurement, measurement;
b) A sudden examination of the measurement, method of measurement, measurement standard, quantity of packaging available when required by the competent authorities or when the detection of a breach is available.
2. The ministry, the peer agency, the government agency within the scope of the mission, its powers are responsible in coordination with the Ministry of Science and Technology to implement state inspections of measurement in the industry, the field of the state management range is distributed. Yeah.
3. The Provincial People ' s Committee is responsible for examining the state of measurement within the local sphere.
The Quality of Quality Measures in the Department of Science and Technology helps the Provincial People's Committee to preside, in coordination with the agency, the organization that is involved with the implementation of the test within the local scope as follows:
a) A regular examination of a plan or a mutation for the measurement standard, means of measurement, measurement, amount of packaging available;
b) A sudden examination of the test operation, calibration, method of measurement, measurement of measurement when required by the competent authorities or when the detection of a breach is present.
4. The District People ' s Committee is responsible for presiding, in coordination with the Standards Measurement of Quality and agency Measures, the relevant organization that exercises inspection at markets, trade centers, wholesale points, other retail on the site for measurement, and other measures. And by the way, the amount of the package is available.
5. The Social People ' s Committee is responsible for coordinating with the regulatory implementation of the regulation test at Clause 1, Clause 3, and Clause 4 This perform a check on the site for measurements, means of measure, the amount of available packaging.
6. Science and technology inspectors, Customs, Public Security, Market Management and agency, other organization within the range of functions, duties, its powers responsible for coordinating with the regulatory authorities stipulated in Clause 1, Clause 3 and Clause 4 in the United States. This makes a state test of measurement.
1. The inspection team conducted by the Chief Minister for the inspection of the establishment decision.
2. The composition of the inspection team consists of the Head of the Army and other members. The number of members of the inspection team depends on the examination contents and as the Chief of the Authority is examining the decision.
3. The head of the delegation is the management officer of the inspection. The head of the delegation is responsible for organizing the task of the delegation: specific responsibility assignments for each member; responsible for the test results; the organization of the examination of the examination or the receipt of administrative violations by regulation; through records, borders, To the agency to determine the decision to check, transfer to the agency, who has the authority to handle the prescribed procedure.
4. Different Members
a) The technical officer has the expertise in line with the measurement field to test and do a test task of measurement techniques;
b) The body ' s body of examination, who is assigned to the specialized inspection of the department, the scientific inspector and the technology, the public, the market manager, the body of the agency, the other organization elected to the inspection and execution of duty according to the analysis. Yeah.
5. The audit member is responsible for the test results, the handling of the assignment and by the rule of law.
6. Head of the Corps, Technical Officer rules at Point a and the body of the agency carrying out the regulation test at point b 4 This must have a certificate of completing a state inspection training course on measurement due to the Quality of Quality Measures Standards I mean,
1. Check out the task force is an audit career that uses transport, equipment, specialized technical means of taking a test sample before the decision-making process is required by the state governing body in terms of measurement.
2. The test results are the legal basis for processing violations of the law on the measurement of the organization, the individual.
3. The equipalization, management and use of specialized transport to carry out the special examination performed by the rule of law on the state budget and the law on the management of state property.
4. The cost of equipment equipped with transport, equipment, specialized technical means of carrying out a special examination of the body in the annual state budget of the ministries, the peer-to-peer agency, the budget of the provinces, the city of subordination. Central. The minister, the chief of the body across the Ministry, Chairman of the People ' s Committee of the provinces, Municipal City
The central government is responsible for the deployment of equipment equipment by means of equipment transportation, specialized technical means of carrying out a special examination in the annual state budget bill delivered by the regulation of the State Budget Act.
5. Ministry of Transport, Ministry of Public Security in coordination with the Ministry of Science and Technology instructs the necessary measures to carry out the special examination.
1. State inspection of measurement of the measurement of the sequence, the following procedure:
a) The appearance of the test decision before conducting the test. The case of the decision to check allows the execution of a specific test to take a test template before the decision is made.
b) Progress checks on the content of the test decision and in the sequence, the procedure for testing measurement techniques for each specific content;
c) Set up the audit. The case of detection of conduct has a signal violation of measurement, the Science Ombudman and the technology is a member of the inspection team or the Chief of the Inspector of the Administrative Breach Of Administrative and Processing or Organ Transfer, who has the authority to handle. according to the rule of law on administrative violation. The measure of the administrative violation of measurement provided by the Minister of Science and Technology;
d) violation of the procedure in accordance with regulation at Article 48 of the Measurement Law;
The agency reported the decision to examine the state of measurement.
2. The Minister of Science and Technology specifically instructs this.
1. The form of state inspection coordination on measurement including:
a)
b) The notice, transfer of records to the agency, who has the authority to handle violations of the measure of measurement;
c) Host, coordinate interdisciplinary examination by the direction of the superior agency above or on the recommendation of the competent organ of the Department of Industry, field, local.
2. Coordination of the group test vehicle 2, the amount of the package packaged in the two-import group according to the following regulation:
a) The Agency for the Enforcement of the Presiding Examination, in coordination with the customs agency that checks the compliance with the regulation of sample approval for the method of import, regulation of a quantitative mark on the packaging of imported goods at the store on the site;
b) The case of test results confirms the means of measurement, the imported package is not suitable for regulation, the agency makes a notification of notification with the organization, individual imported and customs authorities. Organized, imported individuals are responsible for reporting to the customs authority to implement a violation of the breach or re-export of the medium, the package is available. In the event of the organization, the individual performed the remedied measure, the body carrying the examination presiding over the examination after having remedied and informed the customs authority;
c) The customs authority only allows for the information when the means of measuring, the packing rows are ready to import the specified fit.
3. Coordination of the measure of measurement, measurement standard, amount of the available packaging at the site of the production execution by the following regulation:
a) The implementation of the inspection conduct examination of the measurement, measurement standard, quantity of available packaging at the site of the production and processing;
b) When the means of measuring, the measurement standard, the amount of the packaging available at the site of the production does not guarantee the rules of the law of measurement or organization, the production individual does not cooperate in the examination, the agency does the examination. the right or notification and transfer of the case to the specialized inspection agency or other agency with authority to handle the regulation;
c) The market governing body is responsible for coordinating with the agency that does the inspection during the state examination of the measurement at the production facility. The case of detection of measures, measurement standards, packaging goods available as counterfeit goods, the agency does the inspection of notification and transfer of records to the market regulator, the public body or other agency with jurisdiction to handle;
d) The implementation of the examination must be responsible for the information content and records that have been transferred to the specified bodies at point b and Point 3 of this Article 3. The agency receives the case to handle the responsibility of handling the law and the notice of the results of the test results.
4. Coordination of measurement testing, measurement, measurement standard, quantity of available packaging in circulation, trafficking, use of the following regulation:
a) The implementation of the Examination Examination of the Measurement Test, the measurement, measurement, measurement, quantity of the packaging available in circulation, trafficking, use and processing of test results by regulation at Article 48 of the Measurement Law;
b) When the violation of the breach and the need to coordinate with the authority with the authority to process the administrative breach, the agency conducts the case transfer test and the competent organ petition conducting the procedure to conduct administrative violation procedures under the rule of law on the law. The administrative breach. The agency with the authority to handle the administrative breach is responsible for reinforming the agency for the examination of the processing and processing results to follow.
In the event of the organization, the individual does not implement the provisions of the law of measurement when carrying out measurements, when circulation, trade, media use, measurement standards, the amount of packaging available or non-cooperating in test work is the agency. Do a test of the public office, market management agency or other agency with a regulatory authority;
c) The market governing body in coordination with the body of testing, relevant agencies when required in the inspection of the state for measurement of measurements, measures, measurement standards, the amount of packaging available; presiding over the monitoring organization, Individuals who have infringed behavior in the execution of the decision of the agency to perform the test, the other authority has jurisdiction over the measurement, measurement, measurement standard, the amount of the packaging available to the breach; to process the behavior of that decision;
d) The case of detection of the measure, the amount of the available packaging package unsuitable for the regulation of the law on measurement, the agency to carry out the treatment for jurisdiction and is responsible for informing the agency to do local inspections. Imports of increased inspections at the store or the state agency petition has the authority to make a decision to pause or halt the import of the medium, packaged goods;
The case of detection, measurement, measurement, quantity of packaged goods produced in the country does not conform to the regulation of the law of measurement, the agency that performs a treatment for jurisdiction, review, inspection in manufacturing; the case of a method. Measuring, preparing for measurement, packaging goods available in another locality is a written statement for the agency to perform a local test site where production is for consideration, inspection in production;
e) The execution of the test must be responsible for the information content and records sent to the regulatory authorities at Points b, d, et al. The agency receives the case to handle the responsibility of handling the law and the notice of the results of the test results.
1. The funding for the state inspection of measurement includes:
a) Cost of purchase;
b) The cost of renting the testing, calibration, testing;
c) Other costs must purchase and rent out to serve the inspection (not including the operating system's expenses, the professional details of the agencies performing inspection and the inspection coordination body that has been deployed from the regular operating source). Every year of the unit.
2. The framework of state inspection of measurement of measurement is applied in accordance with the guidelines of the Ministry of Finance on management and use of funding on state testing activities on the quality of products, goods.
3. The funding of the state checkbook for measurement of the measurement of the pay check and is set up in the agency's annual budgetary expenditure.
4. The case of organizational conclusions, the individual violation of the measure of measurement, the organization, the individual violation, must pay the funding for the examination by the law enforcement agency.
5. The recording, filing, management and utilization of a check-check sample, the individual breach of the reimbursable breach applies under the regulation of the law on management and use of funding for state inspection activities on the quality of products, goods.
This decree has been in effect since December 15, 2012.
1. The Minister of Science and Technology is responsible for guiding and organizing the implementation of this decree.
2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the People's Committee, provinces, municipalities, and organizations, individuals involved in the execution of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung