Circular No. 03/2011/TT-BTTTT stipulates activities for developing national technical standards and national standards under the Ministry of Information and Communications.

CIRCULAR

Regulations on the development of national technical standards and national standards under the Ministry of Information and Communications

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MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

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

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Radio Frequency dated November 23, 2009;

Pursuant to the Law on Posts dated June 17, 2010;

Pursuant to the Law on Information Technology dated June 29, 2006;

Based on the Law on Publishing dated December 3, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Publishing dated June 3, 2008;

Based on Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 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,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the objectives and basic requirements for the development of national technical standards and national standards organized, issued, or proposed for publication by the Ministry of Information and Communications.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals participating in the development of national technical standards and national standards under the Ministry of Information and Communications.

Article 3. Explanation of Terms

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

1. The field of information and communications: publishing, postal services, telecommunications (including internet, broadcasting, and television transmission), radio frequency, information technology, electronics, and national information and communication infrastructure.

2. National technical standards in the field of information and communications (hereinafter referred to as national technical standards): are technical standards in the field of information and communications developed and issued by the Ministry of Information and Communications. National technical standards include mandatory technical regulations and management provisions to ensure the management objectives of the Ministry of Information and Communications for the regulated objects.

3. National standards in the field of information and communications (hereinafter referred to as national standards): are standards in the field of information and communications developed and proposed for publication by the Ministry of Information and Communications. National standards define technical requirements for standard objects and are applied on a voluntary basis.

4. Objects of national technical standards and national standards: are products, equipment, networks, systems, services, processes in the field of information and communications and are specifically defined within the scope of regulation of national technical standards and standards.

Chapter II

OBJECTIVES FOR THE DEVELOPMENT OF NATIONAL TECHNICAL STANDARDS AND NATIONAL STANDARDS

Article 4. Objectives for the development of national technical standards

The Ministry of Information and Communications organizes the development and issuance of national technical standards in the field of information and communications to ensure the following state management objectives:

1. Ensuring safety for people and the environment during the installation, operation, and use of products, equipment, networks, systems, and services.

2. Protecting products, equipment, networks, and systems from harmful influences.

3. Ensuring interoperability between user devices and network operator devices and between different network operator devices.

4. Ensuring sustainable development of the entire network, system, and meeting public interest goals.

5. Ensuring the legitimate rights of service users.

Article 5. Objectives for the development of national standards

The Ministry of Information and Communications organizes the development and proposes the publication of national standards in the field of information and communications to encourage their application to ensure uniformity and effectiveness nationwide; ensuring the initiative and enhancing competitiveness of enterprises in developing networks and providing services. National standards must not conflict with national technical standards and have specific objectives as follows:

1. Meeting functional, utility, and quality objectives: determining advanced and appropriate technologies and technical characteristics of products, equipment, networks, systems, and services for application in Vietnam.

2. Meeting objectives of economy and efficiency: determining advanced practices to apply in agencies and organizations in Vietnam.

3. Meeting objectives of information and understanding: promoting and enhancing knowledge and application of products, equipment, networks, systems, services, and processes.

4. Meeting objectives of reducing types and interchangeability: allowing the selection of an optimal number of sizes or types of products, equipment, services, and processes that can be interchangeable while still meeting the same requirements.

Chapter III

OBJECTS OF NATIONAL TECHNICAL STANDARDS AND NATIONAL STANDARDS

Article 6. Objects of National Technical Regulations

1. The objects of national technical regulations in the field of information and communication include:

a) Postal products: postal stamps;

b) Equipment: terminal equipment; radio equipment; radio frequency application equipment; information technology equipment; electronic equipment;

c) Networks, systems: network equipment; billing measurement devices; telecommunication network connections; passive telecommunications infrastructure; radio stations; information technology systems;

d) Services: universal postal services; telecommunications services (universal, basic, value-added services with significant social impact); broadcasting and television services;

đ) Processes: installation, operation, management, testing of products, equipment, networks, systems, and services mentioned in points a), b), c), and d) of Clause 1 of this Article.

e) Other objects according to management requirements at different periods.

2. Basic technical provisions

a) For postal products mentioned in point a) of Clause 1 of this Article:

Technical provisions regarding shape, size, material, mandatory content, layout of content on postal stamps.

b) For equipment mentioned in point b) of Clause 1 of this Article:

Technical provisions regarding interface connection between terminal equipment and networks; technical provisions regarding frequency spectrum, electromagnetic compatibility; technical provisions regarding safety (electrical safety, radiofrequency radiation safety...).

c) For networks, systems mentioned in point c) of Clause 1 of this Article:

Technical provisions regarding safety (mechanical safety, electrical safety, grounding, lightning protection, radiofrequency radiation safety, information security...); technical provisions regarding interface connection, quality of connection between networks and systems of operators; technical provisions ensuring sustainable development of networks and systems and meeting public interest objectives.

d) For services mentioned in point d) of Clause 1 of this Article:

Technical provisions regarding service provision capacity and user support of enterprises (service quality indicators) and technical provisions regarding communication capability of the service itself (technical quality indicators).

đ) For processes mentioned in point đ) of Clause 1 of this Article:

Essential practice rules to ensure safety during installation, operation, management, testing of products, equipment, networks, systems, and services.

Article 7. Objects of National Standards

1. The objects of national standards in the field of information and communication include:

a) Products, equipment: publications; postal products, equipment; telecommunications equipment; radio equipment; radio frequency application equipment; electronic equipment; information technology products (hardware, software);

b) Networks, systems: telecommunications networks; passive telecommunications infrastructure; information technology systems;

c) Services: postal services; telecommunications services; telecommunications application services (including services in the fields of information technology, broadcasting, television, and other areas); information technology services;

d) Processes: design, installation, operation, management, maintenance, testing of products, equipment, networks, systems, and services.

2. Basic technical requirements

a) For products, equipment specified in point a) of Clause 1 of this Article:

Technical characteristics and performance requirements of products, equipment (including both hardware and software); information security requirements.

b) For networks, systems specified in point b) of Clause 1 of this Article:

Technical characteristics, configuration, function, quality requirements of networks, systems; provisions regarding data format, storage, processing, presentation; requirements for electronic data exchange; information security requirements.

c) Services specified in point c) of Clause 1 of this Article:

Service quality requirements.

d) Processes specified in point d) of Clause 1 of this Article:

Advanced practice rules in design, installation, operation, management, maintenance, testing of products, equipment, networks, systems, and services.

Chapter IV

PROCEDURES, REQUIREMENTS IN THE DEVELOPMENT OF

 DRAFT NATIONAL TECHNICAL REGULATIONS AND NATIONAL STANDARDS

Article 8. Registration of plans for developing national technical regulations and national standards

1. In the second quarter of each year, agencies, organizations, and individuals shall register plans for developing national technical regulations and national standards for the following year with the Ministry of Information and Communications for consolidation based on the need to apply technical regulations and standards. The plan for developing national technical regulations and national standards includes reviewing and amending national technical regulations and national standards.

2. Agencies, organizations, and individuals registering to lead the development of national technical regulations and national standards must submit the project for developing national technical regulations and national standards along with their registration.

3. The model for registering plans to develop national technical regulations is specified in Appendix I attached to this Circular.

4. The model for the project to develop national technical regulations is specified in Appendix II attached to this Circular.

5. The model for registering plans to develop national standards is specified in Appendix III attached to this Circular.

6. The model for the project to develop national standards is specified in Appendix IV attached to this Circular.

Article 9. Information on Approval of Plans for Developing National Technical Regulations and National Standards

The Ministry of Information and Communications shall notify relevant agencies, organizations, and individuals and publish on its electronic news website the decision approving the annual plan for developing national technical regulations and national standards so that relevant agencies, organizations, and individuals can implement the drafting of technical regulation and standard drafts.

Article 10. Implementation of Drafting National Technical Regulations and National Standards

Agencies, organizations, and individuals shall implement the drafting of national technical regulation and standard drafts according to the procedures and requirements as follows:

1. Appoint the leader of the draft national technical regulation and national standard. The leader of the draft is responsible for organizing research, drafting, and perfecting the draft national technical regulation and standard until it is issued and published.

2. Organize research and drafting of the draft national technical regulation and national standard in accordance with the content and schedule as approved in the plan and project for developing national technical regulations and national standards.

3. Report to the Ministry of Information and Communications when there are changes to the leader of the draft, content, or schedule of the plan, and report on the implementation of required contents.

4. Ensure the participation of opinions from related parties and coordinating agencies (as stated in the project for developing national technical regulations and national standards) in the draft national technical regulations and national standards.

5. Prepare complete documentation for the draft national technical regulation and national standard in accordance with Clause 1, Article 10 and Clause 1, Article 5 of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations.

6. Organize the acceptance of the draft national technical regulation and national standard at the basic level; organize the completion of the draft national technical regulation and national standard and documentation (two sets) to be submitted to the Ministry of Information and Communications for review, issuance, or publication procedures.

7. Coordinate with the Ministry of Information and Communications to complete the draft national technical regulation and national standard during the review, issuance, or publication process.

Article 11. Requirements for draft national technical regulations and national standards

1. The content of national technical regulations and national standards must comply with the following basic requirements:

a) Meeting the objectives of national technical regulations and national standards as stipulated in Articles 4 and 5 of this Circular.

b) Ensuring consistency and absence of contradictions within the system of national technical regulations and national standards.

c) Technical provisions and technical requirements must be measurable and objectively assessable; in national technical regulations, the measurement and evaluation methods must be clearly defined.

d) Technical provisions and technical requirements must be accurately, concisely, and unambiguously expressed.

2. Provisions for national technical regulations and national standards established based on acceptance of international standards:

a) Prioritize the establishment of national technical regulations and national standards based on acceptance of international standards, regional standards, foreign standards (hereinafter collectively referred to as international standards) that have been widely applied.

b) A national technical regulation accepting an international standard shall be reflected in the preface as "the national technical regulation has technical provisions and testing methods consistent with international standards."

c) A national standard accepting an international standard, with the basic structure and content of the international standard retained and fully transferred to the national standard, shall be reflected in the preface as "the national standard is completely equivalent to the international standard" and marked with an equivalent symbol to the international standard.

d) National technical regulations and national standards accepting two or more international standards shall be reflected in the preface as "national technical regulations and national standards are developed based on international standards."

3. Presentation format of national technical regulations and national standards shall be implemented as follows:

a) The presentation and expression of the content of national technical regulations shall be carried out according to the provisions set forth in Appendix V issued together with this Circular.

b) The presentation and expression of the content of national standards shall be carried out according to TCVN 1-2 and business guidelines of the Ministry of Science and Technology.

Article 12. Requirements for other documents in the dossier of national technical regulations and national standards

1. The explanatory note for the draft national technical regulations and national standards (hereinafter abbreviated as QCVN/TCVN) shall be carried out according to the provisions set forth in Appendix VI issued together with this Circular.

2. The opinion solicitation form for the draft national technical regulations and national standards shall be carried out according to the model set forth in Appendix VII issued together with this Circular.

3. The draft assessment form for national technical regulations and national standards shall be carried out according to the model set forth in Appendix VIII issued together with this Circular.

4. The minutes of the meeting of the Appraisal Board for the draft national technical regulations and national standards shall be carried out according to the model set forth in Appendix IX issued together with this Circular.

Article 13. Budget for developing national technical regulations and national standards

1. The budget for implementing the work of developing national technical regulations and national standards includes planning, review, revision, development, appraisal, approval, registration, publication, distribution, dissemination, inspection, and evaluation costs.

2. The budget for implementing the work of developing national technical regulations and national standards shall be allocated in the annual state budget estimate for scientific and technological activities and other activities of the Ministry of Information and Communications.

3. The use of the budget for developing national technical regulations and national standards shall be carried out according to the guidelines of the Ministry of Science and Technology and the Ministry of Finance.

Chapter V

IMPLEMENTATION

Article 14. Responsibilities of units under the Ministry of Information and Communications

The Department of Science and Technology shall be responsible for:

a) Serving as the focal point for compiling and proposing annual plans for the development of national technical standards and national standards to be submitted to the Minister for approval.

b) Monitoring and urging agencies, organizations, and individuals to implement plans for developing national technical standards and national standards in accordance with the content and schedule.

c) Organizing the review and submitting for approval and publication of national technical standards and national standards.

2. Functional units under the Ministry of Information and Communications within their respective duties and authorities shall be responsible for:

a) Proposing, leading the development, or coordinating in the development of national technical standards and national standards within their assigned areas of responsibility to serve the management objectives implemented by the unit.

b) Proposing regular reviews and amendments to national technical standards and national standards within their assigned areas of responsibility. Promptly proposing amendments to points that are not appropriate in national technical standards and national standards if discovered during implementation.

Article 15. Effective Date

This Circular takes effect from March 1, 2011, and replaces Decision No. 27/2001/QĐ-TCBĐ dated January 9, 2001, issued by the Director General of the Posts and Telecommunications Administration on regulations regarding the development, issuance, and publication of standards in the Posts and Telecommunications sector.

Article 16. Amendments and supplements

During the implementation of this Circular, if there are any issues causing difficulties, agencies, organizations, and individuals shall promptly reflect them to the Ministry of Information and Communications for consideration of amendments and supplements.