Circular No. 09/2009/TT-BTTTT on inspection and declaration of conformity for specialized telecommunications engineering works.

CIRCULAR

Regulations on inspection and declaration of conformity for specialized telecommunications engineering works

______________________________

MINISTER OF INFORMATION AND COMMUNICATIONS

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

Based on the Post and Telecommunications Ordinance dated May 25, 2002;
Based on Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing the implementation of certain provisions of the Post and Telecommunications Ordinance regarding Telecommunications;

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 and Applicability

1. Scope of regulation: This Circular regulates activities related to inspection and declaration of conformity for specialized telecommunications engineering works.

Investment and construction management of specialized telecommunications engineering works shall be carried out in accordance with relevant laws.

2. Applicability: This Circular applies to investors, owners, and managers of specialized telecommunications engineering works (hereinafter referred to collectively as enterprises).

Article 2. Interpretation of Terms

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

1. Specialized telecommunications engineering work (hereinafter referred to as telecommunications work) is a set of telecommunications equipment interconnected according to design and power supply systems, lightning protection systems, grounding systems; accompanying components and accessories.

2. Telecommunications equipment includes technical means, comprising hardware and software used to establish telecommunications networks, provide and use telecommunications services.

3. Telecommunications equipment system is a set of telecommunications equipment connected together to meet the requirements of telecommunications networks.

4. Inspection of telecommunications works is the activity of testing and certifying that telecommunications works comply with the requirements of technical standards issued by the Ministry of Information and Communications or standards prescribed by the Ministry of Information and Communications for mandatory application (hereinafter referred to as technical standards, standards).

5. Declaration of conformity for telecommunications works is the activity of declaring conformity in accordance with the provisions of technical standards, standards applicable to telecommunications works that must be inspected and telecommunications works that must declare conformity.

Telecommunications works that must be inspected and telecommunications works that must declare conformity are telecommunications works that may affect the safety and interests of the community when put into use.

Article 3. State management agencies for inspection and declaration of conformity for telecommunications works

1. The Quality Management Agency for Information Technology and Telecommunications implements state management tasks for inspection and declaration of conformity for telecommunications works nationwide in accordance with this Circular and relevant laws.

2. Provincial Departments of Information and Communications cooperate with the Quality Management Agency for Information Technology and Telecommunications to implement state management tasks for inspection and declaration of conformity for telecommunications works within their jurisdictional areas.

Article 4. Organizations inspecting telecommunications works

Organizations inspecting telecommunications works (hereinafter referred to as inspection organizations) are public service units engaged in technical services and entrusted by the Ministry of Information and Communications with the responsibility of inspecting telecommunications works.

Article 5. Units conducting inspections of telecommunications works

1. Units conducting inspections of telecommunications works (hereinafter referred to as inspection units) are units established in accordance with the law, capable of performing inspections to serve inspection and declaration of conformity activities for telecommunications works in accordance with technical standards, standards issued by the Ministry of Information and Communications or prescribed for mandatory application.

2. Inspection units serving inspection activities are those inspection units designated by the Ministry of Information and Communications.

3. Inspection units serving declaration of conformity activities are those inspection units designated by the Ministry of Information and Communications or inspection units meeting the provisions of Clause 1 of this Article.

4. Inspection units must bear responsibility before competent authorities and under the law for the accuracy of inspection results.

Article 6. List of Telecommunications Works and Management Forms

1. In each period, the Ministry of Information and Communications shall issue the "List of Telecommunications Works Required to be Inspected" and the "List of Telecommunications Works Required to be Announced for Compliance" in accordance with state policies and the actual development of specialized telecommunications infrastructure.

2. For telecommunications works included in the "List of Telecommunications Works Required to be Inspected," enterprises must conduct inspections in accordance with the provisions of Section 1 Chapter II of this Circular and announce compliance in accordance with the provisions of Section 2 Chapter II of this Circular.

3. For telecommunications works included in the "List of Telecommunications Works Required to be Announced for Compliance," enterprises must announce compliance in accordance with the provisions of Section 2 Chapter II of this Circular.

4. For telecommunications works not included in the "List of Telecommunications Works Required to be Inspected" and the "List of Telecommunications Works Required to be Announced for Compliance," it is encouraged that enterprises voluntarily apply for compliance announcement before putting telecommunications works into use and bear responsibility for the quality of the works according to the announced standards.

Chapter II

INSPECTION AND COMPLIANCE ANNOUNCEMENT

PART I. PROVISIONS ON INSPECTION

Article 7. Content of Inspection

1. The content of inspection includes technical safety requirements for telecommunications stipulated in technical regulations and standards issued by the Ministry of Information and Communications or mandatory application, including criteria for safety in electromagnetic field exposure and other safety criteria as prescribed.

2. The inspection of telecommunications works does not replace and does not reduce the enterprise's responsibility for the quality and safety of telecommunications works as prescribed by law.

Article 8. Cases Where Telecommunications Works Must Be Inspected

1. Newly installed telecommunications works.

For newly installed telecommunications works included in the "List of Telecommunications Works Required to be Inspected," enterprises must complete the valid dossier as prescribed in Clause 1, Article 10 of this Circular and submit it to the inspection organization within ninety (90) days from the date of operation commencement.

2. Cases where telecommunications works must be re-inspected:

a) The inspection certificate of telecommunications works has expired;

b) Change in installation location of telecommunications works;

c) Installation of additional antennas on the same antenna tower or at the same position where telecommunications works have been granted an inspection certificate;

d) Changes in configuration (increase in radiation power; increase in antenna size; change in antenna position, height, and direction) causing electromagnetic field safety criteria to exceed the previously inspected values.

In cases where telecommunications works undergo changes in configuration but electromagnetic field safety criteria do not exceed the previously inspected values, re-inspection is not required, but enterprises must ensure radiation safety levels and report changes in telecommunications works to the inspection organization.

For telecommunications works requiring re-inspection under point a of this clause, enterprises must complete the valid dossier as prescribed in Clause 1, Article 10 of this Circular and submit it to the inspection organization forty-five (45) days prior to the expiration date of the inspection certificate of telecommunications works. For telecommunications works requiring re-inspection under points b, c, d of this clause, enterprises must complete the valid dossier as prescribed in Clause 1, Article 10 of this Circular and submit it to the inspection organization within forty-five (45) days from the date of change.

Article 9. Steps for inspection

1. Conducting inspection of telecommunications works;

2. Reviewing and assessing the suitability of the registration dossier for inspecting telecommunications works;

3. Issuing the Certificate of Inspection for Telecommunications Works (in accordance with Form 1 in the Appendix to this Circular).

Article 10. Procedures for Inspection

1. The registration dossier for inspecting telecommunications works shall include:

a) Request for inspection of telecommunications works;

b) Inspection results still valid;

c) Technical description report of telecommunications works;

d) Report on changes in cases prescribed at points b, c, d, Clause 2, Article 8 of this Circular;

e) Documents describing products, user guides, installation instructions (if necessary).

2. The location for receiving the dossier shall be announced by the Directorate of Quality Management of Information Technology and Telecommunications.

3. The time for reviewing and issuing the Certificate of Inspection for Telecommunications Works shall not exceed thirty (30) days from the date of receipt of a complete and valid dossier.

4. In cases where telecommunications works are installed on the same antenna pole or at the same location, a common inspection result and a common Certificate of Inspection (in accordance with Form 2 in Appendix I of this Circular) shall be used.

5. In cases where the Certificate of Inspection for Telecommunications Works is not issued, the Inspection Organization shall have the responsibility to notify in writing the reasons to the enterprise to complete the dossier or take measures to address non-compliance with technical regulations, standards issued by the Ministry of Information and Communications or mandatory requirements.

Within thirty (30) days from the date the Inspection Organization sends the notification letter, the enterprise must rectify the deficiencies and complete the dossier according to the requirements of the Inspection Organization.

6. Outside the time limit stipulated in Clause 5 of this Article, if the enterprise does not rectify the deficiencies and complete the dossier, the enterprise must cease using the telecommunications work.

7. The enterprise has the responsibility to pay the review fee and the certificate issuance fee to the Inspection Organization in accordance with the regulations of the Ministry of Finance.

Article 11. Measurement for Inspection Activities

1. The measurement and preparation of measurement results must be carried out by the unit specified in Clause 2, Article 5 of this Circular. The measurement unit must be independent and impartial towards the enterprise.

2. The Directorate of Quality Management of Information Technology and Telecommunications shall provide detailed guidance on the format of the measurement results.

3. The measurement results remain valid for one hundred twenty (120) days from the date of measurement.

4. The measurement unit, Inspection Organization, and Enterprise must retain the measurement results and related documents for a minimum period of six (06) years from the date of issuance of the measurement results.

PART II. PROVISIONS ON ANNOUNCEMENT OF COMPLIANCE

Article 12. Content of Announcement of Compliance

The content of the announcement of compliance for telecommunications works is the application of safety criteria in electromagnetic radiation frequency, grounding, lightning protection as prescribed in technical regulations, standards issued by the Ministry of Information and Communications or mandatory requirements.

Article 13. Forms of Announcement of Compliance

1. For telecommunications works listed in Clause 2, Article 6 of this Circular, enterprises must announce the compliance of telecommunications works with technical regulations, standards issued by the Ministry of Information and Communications or mandatory requirements after obtaining the Certificate of Inspection from the Inspection Organization.

2. For telecommunications works listed in Clause 3, Article 6 of this Circular, enterprises must announce the compliance of telecommunications works with technical regulations, standards issued by the Ministry of Information and Communications or mandatory requirements based on self-assessment by the enterprise based on measurement results conducted before putting the works into operation.

3. For telecommunications works listed in Clause 4, Article 6 of this Circular, enterprises shall self-announce the compliance of telecommunications works with corresponding standards.

Article 14. Procedure and formalities for announcing compliance

1. The registration dossier for announcing compliance includes:

a) Documents demonstrating the legal entity status of the enterprise as prescribed by law;

b) The announcement of compliance (in accordance with the model at Appendix II of this Circular);

c) Certificate of inspection (for telecommunications works listed in Clause 2, Article 6 of this Circular);

d) Self-assessment results accompanied by the inspection results of telecommunications works (for telecommunications works listed in Clause 3, Article 6 of this Circular).

2. The Quality Management Agency for Information Technology and Telecommunications is the agency managing the activity of announcing compliance and guiding the procedures, formalities, and locations for receiving registration dossiers for announcing compliance.

Article 15. Inspection for the purpose of announcing compliance

1. The inspection and preparation of inspection results shall be carried out by the inspection units specified in Clause 3, Article 5 of this Circular or by the enterprise itself.

2. The Directorate of Quality Management of Information Technology and Telecommunications shall provide detailed guidance on the format of the measurement results.

3. The measurement results remain valid for one hundred twenty (120) days from the date of measurement.

Article 16. Time limit for resolution

Within seven (07) working days from the date of receipt of a complete and valid dossier, the management agency shall notify the enterprise registering the announcement of compliance in writing about the acceptance of the announcement of compliance.

In case the dossier for announcing compliance does not meet the requirements stipulated in Clause 1, Article 14 of this Circular, the management agency shall notify the enterprise registering the announcement of compliance in writing about the non-compliant contents to perfect the dossier and re-register.

Chapter III

IMPLEMENTATION

Article 17. State management responsibility for inspection and announcing compliance for telecommunications works

1. The Quality Management Agency for Information Technology and Telecommunications has the responsibility:

a) To lead, guide, and inspect inspection organizations, enterprises, and related organizations and individuals in implementing this Circular;

b) To organize the implementation of inspection and supervision of telecommunications works that have been inspected;

c) To lead and guide the inspection and announcement procedures for relevant units;

d) To lead and guide provincial Departments of Information and Communications in implementing this Circular;

đ) To publicly disclose on its website information related to inspection and announcement of compliance, including: inspection organizations; issuance and revocation of inspection certificates; locations for receiving registration dossiers for announcing compliance; information on announcement activities;

e) To compile and report to the Ministry of Information and Communications on the situation of implementing inspection and announcement of compliance for telecommunications works nationwide every six (06) months or at any time;

g) To study and propose appropriate policies related to inspection and announcement of compliance for telecommunications works to the Ministry of Information and Communications;

2. Provincial Departments of Information and Communications have the responsibility:

a) To coordinate with competent authorities in the work of inspection and announcement of compliance for telecommunications works under their jurisdiction;

b) To lead the inspection of the implementation of inspection and announcement of compliance for telecommunications works within their jurisdiction according to their authority;

c) To compile and report to the Quality Management Agency for Information Technology and Telecommunications on the situation of implementation and inspection results every six (06) months or immediately upon request of competent authorities;

d) To detect and reflect technical safety issues specific to telecommunications, reporting and proposing management measures for telecommunications works to the Ministry of Information and Communications.

Article 18. Responsibilities of the Certification Organization

1. Conduct assessment, issue and revoke the Certificate of Telecommunications Engineering Certification.

2. Bear legal responsibility for the results of certification.

3. Organize supervision of telecommunications engineering that has been certified to ensure compliance with technical standards and corresponding standards.

4. Establish a database on telecommunications engineering that has been certified.

5. Regularly compile and report monthly to the Directorate of Quality Management of Information Technology and Telecommunications on the implementation of certification work and the organization of supervision of telecommunications engineering.

6. Report promptly on matters related to the certification of telecommunications engineering as required by competent authorities.

Article 19. Responsibilities of Enterprises

1. Enterprises must maintain and ensure that telecommunications engineering complies with technical standards and standards issued by the Ministry of Information and Communications or mandatory regulations.

2. Fully comply and bear legal responsibility for adhering to the regulations on the certification of telecommunications engineering.

3. Implement the declaration of conformity as stipulated in this Circular. Re-declare conformity when there are changes in the content of the declaration of conformity.

4. During the operation of telecommunications engineering, if non-compliance with declared conformity criteria and corresponding technical standards and standards is discovered, the following actions shall be taken:

a) Timely notify the management authority about non-compliance;

b) Take corrective measures for non-compliance. If necessary, temporarily cease the use of telecommunications engineering;

c) Notify the management authorities about the results of correcting non-compliance and resuming the use of telecommunications engineering.

5. Report to the competent management authority on issues related to certification and declaration of conformity for telecommunications engineering as required.

Article 20. Guidance on Implementation

1. This Circular takes effect from June 1, 2009, and replaces Decision No. 31/2006/QĐ-BBCVT dated September 6, 2006, issued by the Minister of Posts and Telecommunications on Regulations on the Certification of Telecommunications Engineering.

2. The Director of the Office, Heads of the Science and Technology Department, Director of the Directorate of Quality Management of Information Technology and Telecommunications, Heads of agencies and units under the Ministry, Directors of Provincial Departments of Information and Communications, General Directors, Directors of telecommunications enterprises, and relevant organizations and individuals are responsible for implementing this Circular.

3. During the implementation process, if difficulties arise, agencies, organizations, and individuals should promptly report them to the Ministry of Information and Communications for review and resolution./.