REGULATION LEGAL

Regulations on Testing Telecommunications Equipment and Radio Stations

_____________________

 

MINISTER OF INFORMATION AND COMMUNICATIONS

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

WHEREAS, the Law on Radio Frequency Spectrum dated November 23, 2009;

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

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

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; Decree No. 81/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain articles of Decree No. 25/2011/NĐ-CP and Decree No. 49/2017/NĐ-CP dated April 24, 2017 of the Government amending and supplementing Article 15 of Decree No. 25/2011/NĐ-CP and Article 30 of Decree No. 174/2013/NĐ-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the fields of postal services, telecommunications, information technology, and radio frequency management;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Technical Standards and Regulations; Decree No. 67/2009/NĐ-CP dated August 3, 2009 of the Government amending some articles of Decree No. 127/2007/NĐ-CP and Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality; Decree No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing some articles of Decree No. 127/2007/NĐ-CP of the Government detailing the implementation of certain provisions of the Law on Technical Standards and Regulations;

Pursuant to Decree No. 132/2018/NĐ-CP dated December 31, 2018 of the Government detailing the implementation of certain provisions of the Law on Product Quality; Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing some articles of Decree No. 132/2018/NĐ-CP dated December 31, 2018 of the Government detailing the implementation of certain provisions of the Law on Product Quality;

Pursuant to Decree No. 107/2016/NĐ-CP dated July 1, 2016, issued by the Government, on business conditions for conformity assessment services;

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications issues this Circular on Regulations on Testing Telecommunications Equipment and Radio Stations.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates activities related to testing telecommunications equipment and radio stations.

2. This Circular applies to organizations and enterprises managing and operating telecommunications equipment and radio stations listed in the "List of Telecommunications Equipment and Radio Stations Required to be Tested" (hereinafter referred to as organizations and enterprises).

3. It is encouraged that organizations and enterprises test telecommunications equipment and radio stations not included in the "List of Telecommunications Equipment and Radio Stations Required to be Tested" in accordance with the provisions of this Circular.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. Telecommunications equipment required to be tested includes network equipment and billing measurement devices listed in the "List of Telecommunications Equipment and Radio Stations Required to be Tested".

2. Radio stations required to be tested include one or a combination of radio equipment, including accompanying auxiliary equipment deployed to perform radio operations, listed in the "List of Telecommunications Equipment and Radio Stations Required to be Tested".

3. Testing of telecommunications equipment and radio stations (hereinafter referred to as testing) involves measuring and certifying that telecommunications equipment and radio stations comply with national technical standards. Testing does not replace and does not reduce the responsibility of organizations and enterprises for the quality and safety of telecommunications equipment and radio stations as prescribed by law.

4. Certification of telecommunications equipment and radio stations is the activity of reviewing and issuing a Certificate of Testing Compliance with National Technical Standards (hereinafter referred to as the Certificate of Testing).

5. Post-certification surveillance of telecommunications equipment and radio stations (hereinafter referred to as surveillance) is the activity of examining and comparing actual telecommunications equipment and radio stations against the review and testing files in cases where telecommunications equipment and radio stations have the potential to cause electromagnetic field exposure hazards.

Article 3. Inspection Organization

The inspection organization for telecommunications equipment and radio stations (hereinafter referred to as the inspection organization) is a public service unit under state management agencies that operates technical services, meets all conditions for conducting inspection services as prescribed by law, and is assigned tasks to carry out inspection work by the Ministry of Information and Communications.

Article 4. Telecommunications Equipment Testing Units and Radio Stations

Telecommunications equipment testing units and radio stations (hereinafter referred to as testing units) are entities established and granted a Certificate of Registration for Product Quality Testing Services according to the law, and designated by the Ministry of Information and Communications to conduct tests on telecommunications equipment and radio stations.

Article 5. List of Telecommunications Equipment and Radio Stations Subject to Mandatory Inspection

According to each period, the Ministry of Information and Communications promulgates the "List of Telecommunications Equipment and Radio Stations Subject to Mandatory Inspection" in accordance with policy, management requirements, and the actual development of telecommunications infrastructure.

Chapter II

CONTENT AND PROCEDURES FOR INSPECTION

Article 6. Cases for Inspection

1. Initial Inspection: For telecommunications equipment and radio stations listed in the "List of Telecommunications Equipment and Radio Stations Subject to Mandatory Inspection," before putting telecommunications equipment and radio stations into operation, organizations and businesses must conduct inspections according to the procedures stipulated in Article 7 of this Circular.

2. Re-inspection:

a) For telecommunications equipment and radio stations that have been inspected: at least sixty (60) days before the expiration date recorded on the Inspection Certificate, organizations and businesses must conduct re-inspections according to the procedures stipulated in Article 7 of this Circular.

b) For telecommunications equipment and radio stations that have been inspected: when there is a change in technical parameters outside the permitted range or when there is a change in nearby construction projects leading to electromagnetic field exposure safety issues, the Inspection Certificate for such equipment will become invalid, and organizations and businesses must cease operations, rectify non-compliant points, and conduct re-inspections on telecommunications equipment and radio stations according to the procedures stipulated in Article 7 of this Circular.

c) In cases where telecommunications equipment and radio stations have been inspected and have safety limits recorded in the Inspection Certificate: if there is a change in technical parameters within the permitted range, organizations and businesses do not need to conduct re-inspections but must ensure the safety of telecommunications equipment and radio stations.

3. Unusual Inspection:

Conducted upon request from competent state authorities or after completing repairs or according to the needs of organizations and businesses managing and operating telecommunications equipment and radio stations.

Article 7. Procedures for Review and Issuance of Inspection Certificates

1. The review and issuance of Inspection Certificates include:

a) An inspection application form as specified in Appendix No. 01;

b) Test results prepared by the testing unit as stipulated in Article 4 of this Circular;

c) Documentation describing and guiding the use of telecommunications equipment and radio stations (in the case of initial inspections).

2. Place of submission: Directly at the headquarters of the inspection organization or sent through postal services to the inspection organization or submitted online via e-government portals.

6. Within thirty (30) days from the date telecommunications equipment and radio stations are issued Inspection Certificates, organizations and businesses must display copies of the Inspection Certificates in visible locations outside the telecommunications equipment and radio station facilities.

Article 8. Supervision of Telecommunication Equipment and Radio Stations that have been Issued with Inspection Certificates

1. The inspection organization shall be responsible for conducting supervision and coordinating with state management agencies to supervise telecommunication equipment and radio stations that have been issued with inspection certificates when they are put into operation and use.

2. The inspection organization shall be responsible for notifying state management agencies when it discovers that telecommunication equipment and radio stations that have been issued with inspection certificates are no longer in compliance with national technical standards.

Article 9. Inspection Fees

2. The inspection fee for telecommunication equipment and radio stations listed in the "List of Telecommunication Equipment and Radio Stations Required to be Inspected" shall be implemented according to the regulations of the Ministry of Finance.

3. In cases where inspection is conducted at the voluntary request of organizations and enterprises for telecommunication equipment and radio stations not included in the "List of Telecommunication Equipment and Radio Stations Required to be Inspected," the inspection costs shall be carried out according to the agreement between the inspection organization and the organizations and enterprises.

Chapter III

IMPLEMENTATION

Article 10. State Management Responsibilities for Inspection Work

1. The Telecommunications Department shall be responsible for:

a) Guiding provincial Information and Communications Departments, inspection organizations, and related organizations and enterprises in implementing this Circular;

b) Inspecting and supervising organizations and enterprises and inspection organizations regarding their compliance with inspection regulations throughout the country;

c) Building a database on inspection work throughout the country;

d) Publicizing information about inspection organizations on the Telecommunications Department's website;

đ) Summarizing and reporting to the Ministry of Information and Communications on the implementation of inspection work throughout the country;

e) Studying and proposing appropriate policies related to inspection work to the Ministry of Information and Communications.

2. Provincial Information and Communications Departments (hereinafter referred to as Provincial Information and Communications Departments) shall be responsible for:

a) Continuously monitoring the implementation of inspection work under their jurisdiction based on actual conditions and information updated on the Telecommunications Department's website;

b) Inspecting and supervising organizations and enterprises regarding their compliance with inspection regulations under their jurisdiction;

c) Identifying and reporting issues related to the inspection of telecommunication equipment and radio stations, and proposing solutions to the Ministry of Information and Communications.

Article 11. Responsibilities of Inspection Organizations

1. Conducting inspections, issuing, supervising, and revoking inspection certificates in accordance with regulations.

2. Building a database to update online results of telecommunication equipment and radio station testing.

3. Publicizing on their websites information related to inspections, including inspection application forms; inspection procedures and issuance of inspection certificates; information on telecommunication equipment and radio stations that have been issued certificates, temporarily suspended operations, revoked, or not granted inspection certificates.

4. Being liable under the law for the results of inspections and issuance of inspection certificates.

5. Building a database on inspected telecommunication equipment and radio stations.

6. Reporting quarterly in writing or electronically to the Telecommunications Department on the implementation of inspection work for telecommunication equipment and radio stations.

7. Reporting contents related to inspection work as required by competent authorities.

Article 12. Responsibilities of organizations and enterprises

1. Implement the provisions on inspection as stipulated in this Circular and related documents.

2. Maintain and ensure compliance with technical standards of telecommunications equipment and radio stations after they have been inspected.

3. During the use of telecommunications equipment and radio stations, if non-compliance with corresponding national technical standards is discovered, the following measures must be taken:

a) Promptly rectify the non-compliance; in cases where point b, Clause 2, Article 6 of this Circular applies, telecommunications equipment and radio stations must cease operation.

b) Report to the Department of Information and Communications managing the area where the telecommunications equipment and radio stations are located about the non-compliance and the results of rectifying the non-compliance.

4. Accept supervision, inspection, and submit reports as required by the Ministry of Information and Communications (Telecommunications Department) and the Departments of Information and Communications regarding the inspection work.

Article 13. Transitional Provisions

For telecommunications equipment and radio stations that have paid the examination fee but have not yet been inspected before the effective date of this Circular, the inspection organizations must continue to complete the inspection of these telecommunications equipment and radio stations according to the valid inspection regulations at the time the examination fee was paid.

Article 14. Effective Date

This Circular takes effect from June 1, 2020, and abolishes Circular No. 16/2011/TT-BTTTT dated June 30, 2011, issued by the Minister of Information and Communications on the inspection of telecommunications equipment and radio stations.

Article 15. Responsibility for Implementation

1. The Director of the Telecommunications Department, heads of agencies and units under the Ministry of Information and Communications, Directors of Provincial Departments of Information and Communications, Inspection Organizations, Heads of organizations and enterprises, and individuals related to this matter are responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties or obstacles, organizations and individuals should promptly report them to the Ministry of Information and Communications and the Telecommunications Department for consideration and resolution.

 

 

ANNEX NO. 01

APPLICATION FOR INSPECTION OF TELECOMMUNICATION EQUIPMENT,

RADIO STATIONS

 

 

 

APPLICATION FOR INSPECTION..(1)…

Respected (inspection organization),

     1. Name of Organization/Enterprise requesting inspection:

Fax:

Telephone:                                Fax:

2. Name of Organization/Enterprise providing service:

Fax:

Telephone:                                Fax:

3. Requesting inspection for..(1) (list, content attached).

     4. Applied Technical Standards: ..(2)..

5. Attached documents include:

a) Measurement results.

b) Description and user guide..(1)..(in case of initial inspection).

(Organization/Enterprise) commits to fully comply with the regulations on the inspection of telecommunications equipment and radio stations.

 

Note:

1. - Name of telecommunications equipment, radio station requested for inspection.
2. - Name of applied Technical Standard.