Circular No. 03/2013/TT-BTTTT on the application of technical standards and regulations for data centers

CIRCULAR

Regulations on the Application of Technical Standards and Norms for Data Centers

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

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

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

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

On the basis of Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications; Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending Decree No. 187/2007/NĐ-CP;

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

The Minister of Information and Communications issues this Circular to regulate the application of technical standards and regulations for data centers.

Article 1. Scope of Regulation

This Circular regulates the application of technical standards and regulations during the design, construction, operation, and exploitation of data centers in Vietnam.

This Circular shall apply only to data centers designed and constructed from the date this Circular takes effect.

Article 2. Applicability

This Circular applies to state agencies investing in the construction of data centers using state budget funds (hereinafter referred to as agencies) and businesses constructing data centers to provide data center services (hereinafter referred to as businesses).

It is encouraged that other organizations and individuals apply the provisions set forth in this Circular when designing, constructing, operating, and exploiting data centers.

Article 3. Explanation of Terms

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

1. Data centeris a construction project including technical infrastructure (telecommunication station, cable system) and computer systems along with auxiliary equipment installed therein for centralized storage, exchange, and management of data of one or more organizations and individuals.

2. Technical assurance level of data centersis classified according to TCVN 9250:2012.

Article 4. Technical Standards and Norms Applied

Agencies and businesses must apply the following technical standards and regulations during the design, construction, operation, and exploitation of data centers:

1. National standard: Data Center - Requirements for Telecommunications Technical Infrastructure, code TCVN 9250:2012;

2. National technical regulation on lightning protection for telecommunication stations and peripheral telecommunication cable networks, code QCVN 32:2011/BTTTT;

3. National technical regulation on grounding for telecommunication stations, code QCVN 9:2010/BTTTT;

4. National standard: Fire prevention and extinguishing equipment for buildings and works - Installation, arrangement, inspection, maintenance, code TCVN 3890:2009;

5. National technical regulation on fire safety for buildings and works, code QCVN 06:2010/BXD.

Article 5. Responsibilities of Agencies and Businesses

1. As for the standard prescribed in Clause 1, Article 4 of this Circular, agencies and businesses are responsible for:

a) Implementing the announcement regarding the conformity of the data center with the standard and the determined technical assurance level;

b) The procedures and formalities for announcement are regulated in Article 6 of this Circular.

2. As for the technical regulations prescribed in Clauses 2 and 3, Article 4 of this Circular, agencies and businesses are responsible for:

a) Selecting the testing unit designated by the Ministry of Information and Communications to conduct testing of the data center's compliance with technical regulations. The data center is tested and subject to technical regulations like telecommunication stations;

b) Announcing the conformity of the data center with the technical regulations based on the test results;

c) The procedures and formalities for announcement are regulated in Article 6 of this Circular.

3. As for the technical standards and regulations prescribed in Clauses 4 and 5, Article 4 of this Circular, agencies and businesses are responsible for ensuring compliance with current regulations.

4. Agencies and businesses are only permitted to put data centers into use after receiving the "Notice of Acceptance of Declaration of Conformity with Technical Standards and Regulations" from the competent authority according to the procedures and formalities for declaration of conformity with technical standards and regulations regulated in Article 6 of this Circular.

5. Agencies and businesses are responsible for implementing technical measures to maintain and ensure the conformity of data centers with the technical standards and regulations prescribed in Article 4 of this Circular throughout the operation and exploitation of data centers.

Article 6. Procedures and formalities for announcing compliance of data centers with technical standards and regulations

Telecommunications Authority Building, Yen Hoa - Cau Giay - Hanoi.

2. Number of dossiers: 01 set.

3. The dossier shall include the following components:

a) Certified copy of legal documents proving the legal status of the agency or enterprise, including one of the following types of documents: Business Registration Certificate; Decision/Permit of Establishment, Investment Registration Certificate/Investment Permit;

b) Documentation explaining the technical infrastructure of the data center;

c) Declaration of the data center's compliance with the technical standards specified in Clause 1, Article 4 of this Circular (in accordance with Appendix 1 of this Circular);

d) Declaration of the data center's compliance with technical regulations specified in Clauses 2 and 3, Article 4 of this Circular (in accordance with Appendix II of this Circular);

đ) Measurement results showing the data center's compliance with technical regulations specified in Clauses 2 and 3, Article 4 of this Circular, issued within one (01) year from the date of receipt of the complete dossier as prescribed.

a) In case the dossier is accepted, the Telecommunications Authority issues a "Notice of Receipt of Declaration of Compliance with Technical Standards and Regulations" (in accordance with Appendix III of this Circular) to the agency or enterprise.

b) In case the dossier is not accepted, the Telecommunications Authority notifies the agency or enterprise in writing about the non-compliant contents to be completed and resubmitted for declaration of compliance with technical standards and regulations.

5. After receiving the "Notice of Receipt of Declaration of Compliance with Technical Standards and Regulations", the enterprise shall post the Declaration of Compliance with Technical Standards and Regulations at its transaction offices and inform customers during transactions about the compliance of the data center with technical standards and regulations.

Article 7. Responsibilities of management agencies

1. The Telecommunications Department shall be responsible for:

a) Receiving and managing the files of announcements regarding conformity with technical standards and regulations submitted by agencies and enterprises;

b) Announce the list of data centers that have declared compliance with technical standards and regulations on the Telecommunications Authority’s website;

c) Coordinate with relevant management agencies to organize inspections and audits of agencies and enterprises that do not comply with the provisions of this Circular.

2. Provincial Departments of Information and Communications shall be responsible for:

a) Inspecting and auditing the implementation of regulations on applying technical standards and regulations to data centers within their jurisdiction;

b) Identifying and reporting issues related to the application of technical standards and regulations to data centers; report and propose measures for local management enforcement to the Ministry of Information and Communications.

Article 8. Implementation clause

1. This Circular takes effect from March 15, 2013.

2. During implementation, if there are difficulties or obstacles, agencies and enterprises should reflect them to the Ministry of Information and Communications (Science and Technology Department) for consideration and resolution.

3. The Director of the Office, the Head of the Science and Technology Department, the Director of the Telecommunications Authority, the Heads of agencies and units under the Ministry of Information and Communications, and related agencies and enterprises are responsible for implementing this Circular./.