Circular No. 01/2015/TT-BTTTT stipulates the designation of testing laboratories serving the specialized quality management of the Ministry of Information and Communications.

CIRCULAR

Regulations on Designating Testing Laboratories for Specialized Quality Management under the Ministry of Information and Communications

The Minister of Information and Communications issues this Circular to regulate the designation of testing laboratories for specialized quality management under the Ministry of Information and Communications.

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Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to the proposal of the Director of the Science and Technology Department,

1. This Circular stipulates requirements and procedures for designating testing laboratories for specialized quality management for:

Article 1. Scope of Regulation

a) Telecommunication products, radio equipment, electronic equipment, information technology equipment;

b) Telecommunication services, broadcasting services;

c) Telecommunication equipment inspection and radio station inspection;

d) Other products and goods within the scope of management of the Ministry of Information and Communications.

2. This Circular also regulates post-designation management for designated testing laboratories.

This Circular applies to agencies, organizations, and individuals related to specialized testing activities in the field of information and communications in Vietnam.

Article 2. Applicability

Testing laboratory

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. is an agency or organization that performs the function of testing technical parameters in the field of information and communications. Inter-laboratory comparison

2. is the organization and evaluation of tests conducted on the same test sample or similar test samples performed by two (two) or more testing laboratories under predetermined conditions. Article 4. Requirements for Designation

A testing laboratory designated must comply with the "General Requirements for Designating Testing Laboratories for Specialized Quality Management under the Ministry of Information and Communications" in Appendix IV of this Circular.

1. A testing laboratory wishing to apply for designation shall prepare one (1) set of application documents and submit them directly or send them via postal service to:

Article 5. Designation Registration Documents

Address: 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City

Department of Science and Technology (Ministry of Information and Communications)

Telephone: (04) 39437328

a) Application form for designation according to the model in Appendix I of this Circular;

2. The registration dossier includes:

b) Certified copy of the Decision on Establishment or business registration certificate according to current regulations;

c) Technical capability declaration of the testing laboratory according to the model in Appendix II of this Circular;

d) List of technical documents used in testing activities according to the model in Appendix III of this Circular;

đ) Certified copy of the certification and decision recognizing compliance with ISO/IEC 17025 issued by the authorized accreditation body (if available).

Article 6. Procedure for Designating Testing Laboratories

1. The Department of Science and Technology will examine and evaluate the application file according to Clause 2, Article 5 of this Circular. In case the application file is incomplete, the Department of Science and Technology will issue a written request for completion of the file to the applying agency or organization within seven (7) working days from the date of receipt of the file.

2. Within ten (10) working days from the date of receiving a complete application file, the Ministry of Information and Communications will issue a Decision establishing the Evaluation Committee for Designation of Testing Laboratories. The Evaluation Committee for Designation of Testing Laboratories consists of management officials and technical experts in the field of information and communications.

3. Within ten (10) working days from the date of issuing the establishment decision, the Evaluation Committee for Designation will conduct an assessment of the testing laboratory's capabilities based on reviewing the application file and conducting direct assessments at the testing laboratory. Members of the Evaluation Committee for Designation will complete the Designation Assessment Form according to the model in Appendix V of this Circular. The testing laboratory must implement the conclusions of the Evaluation Committee for Designation according to the model in Appendix VI of this Circular and send it back to the Ministry of Information and Communications (Department of Science and Technology) within thirty (30) working days from the date of assessment.

4. Within ten (10) working days from the date when the testing laboratory fulfills all contents according to the conclusions of the Evaluation Committee for Designation, the Department of Science and Technology will review and submit to the Minister of Information and Communications for issuance of the Decision on Designation of Testing Laboratories according to the model in Appendix VII of this Circular. The Decision on Designation of Testing Laboratories has a validity period of three (3) years.

5. In cases where a testing laboratory has been designated but the designation has expired or there is a need to adjust the scope of designation, the designation assessment will be carried out according to the provisions of Clauses 1, 2, 3, and 4 of this Article.

5. In case a laboratory has been designated but the designation period has expired or there is a need to adjust the scope of the designation, the designation assessment shall be conducted in accordance with the provisions of Clauses 1, 2, 3, and 4 of this Article.

Article 7. Recognition of Testing Laboratory Results

The testing results of designated laboratories shall be recognized by the Ministry of Information and Communications in inspection, supervision activities, and other specialized management activities of the Ministry of Information and Communications.

Article 8. Post-designation Supervision

1. The Ministry of Information and Communications shall conduct annual periodic evaluations or ad hoc assessments when complaints are received or violations of regulations or non-compliance with requirements stipulated in Article 4 of this Circular are discovered.

2. In cases where testing laboratories violate the provisions of this Circular, the Ministry of Information and Communications shall issue a Decision to revoke the designation effectiveness according to the model at Appendix VIII of this Circular.

Article 9. Responsibilities of Relevant Agencies, Organizations, and Units

1. Department of Science and Technology:

a) Shall take the lead and coordinate with relevant units to organize guidance on implementing this Circular;

b) Shall take the lead and coordinate with the Information Center to publicly disclose and update the list of designated testing laboratories on the Ministry of Information and Communications' electronic portal.

2. Conformity assessment organizations in the field of information and communication shall cooperate and implement the provisions of this Circular.

3. Designated testing laboratories:

a) Shall operate in accordance with designated requirements and bear full responsibility under the law for their testing activities;

b) During the designation period, they must perform inter-laboratory comparisons once with domestic or foreign laboratories having equivalent testing capabilities;

c) Shall report on testing activity status every six months according to the model at Appendix IX of this Circular;

d) If there are changes in information (including laboratory information, scope of recognition, or information affecting the ability to continue conducting activities within the designated scope), the testing laboratory must submit a written notice to the Ministry of Information and Communications within fifteen days from the date of change.

Article 10. Effective Date

1. This Circular takes effect from April 1, 2015.

2. Abolish Decision No. 50/2006/QĐ-BBCVT dated December 1, 2006 of the Minister of Posts and Telecommunications (now the Ministry of Information and Communications) regarding the designation of testing laboratories for quality management under the specialized management of the Posts and Telecommunications Ministry.

3. The Director of the Office, the Head of the Department of Science and Technology, the Director of the Information Center, the Heads of units under the Ministry of Information and Communications, and related agencies, organizations, and individuals are responsible for enforcing this Circular. Any difficulties encountered during implementation should be reported to the Ministry of Information and Communications (Department of Science and Technology) for prompt resolution.

Any difficulties encountered during implementation should be reported to the Ministry of Information and Communications (Department of Science and Technology) for prompt resolution./.