Amending and supplementing certain contents of Circular No. 30/2011/TT-BTTTT dated October 31, 2011 of the Minister of Information and Communications on conformity assessment certification and declaration for products and goods in the information technology and telecommunications sector

tháng 10 năm 2011 của Bộ trưởng Bộ Thông tin và Truyền thông quy định về

chứng nhận hợp quy và công bố hợp quy đối với sản phẩm, hàng hóa chuyên

ngành công nghệ thông tin và truyền thông ||| October 2011 Ministry of Information and Communications Decree on conformity certification and declaration for specialized information technology and telecommunications products and goods.

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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 Commodities dated November 21, 2007;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing implementation of some articles of the Law on Technical Standards and Regulations; Decree No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing certain articles of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing implementation of some articles of the Law on Technical Standards and Regulations;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of some articles of the Law on Product Quality; Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of some articles of the Law on Product Quality;

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

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017, of the Government stipulating 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 amending and supplementing certain contents of Circular No. 30/2011/TT-BTTTT dated October 31, 2011 of the Minister of Information and Communications on conformity assessment certification and declaration for products and goods in the information technology and telecommunications sector.

Article 1. Amending and supplementing certain contents of Circular No. 30/2011/TT-BTTTT dated October 31, 2011 of the Minister of Information and Communications on conformity assessment certification and declaration for products and goods in the information technology and telecommunications sector

1. Amending Clause 4, adding Clause 9 of Article 2 as follows:

"4. A conformity assessment organization is an organization designated by the Ministry of Information and Communications to carry out conformity assessment for products and goods listed in the Catalogue of products and goods with potential to cause safety risks under the management responsibility of the Ministry of Information and Communications.

9. A batch of products is a set of a type of goods determined in quantity, having the same name, function, brand, model, technical characteristics, produced by the same production facility, origin, and belonging to the same import dossier."

2. Amend Article 11 as follows:

"Article 11. Methods of conformity assessment

1. Conformity assessment shall be carried out according to one of the three methods prescribed in Article 5 of Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Ministry of Science and Technology on declaration of conformity and methods of conformity assessment with technical standards and regulations:

- Method 1: Typical sample testing.

- Method 5: Typical sample testing and production process evaluation; monitoring through production site or market sampling combined with production process evaluation.

- Method 7: Batch product testing and evaluation.

2. Principles of application:

a) Method 1: Applied to issue a Certificate of Conformity for products and goods produced in a production line that already has a quality management system certification (ISO 9001 or equivalent).

b) Method 5: Applied to issue a Certificate of Conformity for products and goods produced in a production line without a quality management system certification (ISO 9001 or equivalent) but with production processes and quality control procedures ensuring quality for evaluation.

c) Method 7: Applied to issue a Certificate of Conformity for products and goods that cannot be applied according to Method 1 or Method 5.

3. The method of conformity assessment must be recorded on the Certificate of Conformity and serve as the basis for determining the scope of the Certificate of Conformity, and the method of post-certification product and goods quality assurance."

“Article 16. Procedures and Formalities for Announcement of Compliance

1. For domestically produced products and goods

a) Organizations and individuals establish the compliance announcement dossier in accordance with Clause 1 of Article 17 of this Circular and submit one (01) set to the dossier reception location as stipulated in Clause 3 of Article 17 of this Circular.

b) Dossier processing

b.1. In cases where the compliance announcement dossier does not meet the requirements specified in Clause 1 of Article 17 of this Circular, within two (02) working days from the date of receipt of the compliance announcement dossier, the Telecommunications Regulatory Authority shall notify in writing the organization or individual making the compliance announcement to supplement the required documents. If the compliance announcement dossier is not supplemented fully within fifteen (15) working days from the date the Telecommunications Regulatory Authority sends the request, the Telecommunications Regulatory Authority will cancel the dossier processing.

b.2. In cases where the compliance announcement dossier meets the requirements specified in Clause 1 of Article 17 of this Circular, within five (05) working days from the date of receipt of the compliance announcement dossier, the Telecommunications Regulatory Authority shall organize the verification of the dossier's validity.

b.2.1. In cases where the compliance announcement dossier is complete and valid, the Telecommunications Regulatory Authority shall issue a Notification of Receipt of the Compliance Announcement Dossier to the organization or individual making the compliance announcement (in accordance with Form 3 of this Circular).

b.2.2 In cases where the compliance announcement dossier is complete but invalid, the Telecommunications Regulatory Authority shall notify in writing the organization or individual making the compliance announcement about the reasons for non-receipt of the dossier.

c) The validity period of the Notification of Receipt of the Compliance Announcement Dossier is as follows:

c.1. Three (03) years from the date of signing the Notification of Receipt of the Compliance Announcement Dossier (for compliance announcements made under the measures specified in point a, Clause 2, Article 4 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended by Clause 2, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018).

c.2. According to the validity period of the Certificate of Compliance or not exceeding three (03) years from the date of signing the Notification of Receipt of the Compliance Announcement Dossier (for compliance announcements made under the measures specified in point b, Clause 2, Article 4 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended by Clause 2, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018).

d) For products and goods exempted from compliance announcement as specified in Clause 2, Article 8 of this Circular, organizations and individuals send a letter to the Telecommunications Regulatory Authority regarding the purpose of using the product or good and are not required to submit a compliance announcement dossier.

2. For imported products and goods

a) Organizations and individuals declare/register the quality inspection dossier for imported goods in accordance with point a, Clause 2a, Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008, supplemented by Clause 3, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018, and Clause 2, Article 4 of Decree No. 154/2018/ND-CP dated November 9, 2018, and submit one (01) set of the dossier to the dossier reception location as specified in Clause 3, Article 17 of this Circular or at the National Single Window Portal.

b) Within fifteen (15) working days from the date of clearance, organizations and individuals must complete the dossier in accordance with Clause 2, Article 17 of this Circular and submit one (01) set to the Telecommunications Regulatory Authority at the dossier reception location as specified in Clause 3, Article 17 of this Circular.

c) For products and goods exempted from compliance announcement as specified in Clause 2, Article 8 of this Circular, organizations and individuals send a letter to the Telecommunications Regulatory Authority regarding the purpose of using the product or good at the time of registering for quality inspection of imported goods and are not required to comply with the provisions of point b of this clause.

“Article 17. Compliance Announcement Dossier and Dossier Reception Location

1. Compliance Announcement Dossier for Domestically Produced Products and Goods

a) Compliance Announcement Form according to Appendix III of this Circular.

b) In cases where the organization has not yet obtained a business code or the individual has not yet obtained a personal identification number, the organization or individual must submit along with the compliance announcement dossier a copy of one of the following documents:

b.1. Business Registration Certificate; Decision/Permit to Establish, Investment Certificate/Investment Permit (for organizations without a business code);

b.2. Identity Card/Passport (for individuals without a personal identification number).

Organizations and individuals only need to submit this part of the dossier when making their first compliance announcement or when there have been changes to the above documents.

c) Compliance Mark Sample when making the first compliance announcement or when there have been changes to the compliance mark sample.

d) In cases where the product or good falls under the list specified in point a, Clause 1, Article 6 of this Circular: A copy of the Certificate of Compliance issued to the organization or individual producing the product or good.

đ) In cases where the product or good falls under the list specified in point b, Clause 1 of this Circular:

đ.1. Self-assessment report including the following information:

- Name of organization or individual; address; telephone, fax.

- Product or good name.

- Manufacturer.

- Standard code number.

- Number and date of issuance of product testing results. These results must be issued by the testing unit serving the compliance announcement activity as stipulated in Clause 2, Article 5 of this Circular to the organization or individual conducting the self-assessment report.

- Conclusion that the product or good complies with the standard.

- Commitment to ensure the product or good's quality in accordance with the standard and fully responsible before the law for the product or good's quality and self-assessment results.

The self-assessment report is based on the results of the organization or individual's own implementation or on the results of conformity certification.

đ.2. Technical documentation in Vietnamese or English of the product showing all contents: Name, symbol, technical information of the product, external photos, manufacturer.

2. Compliance Announcement Dossier for Imported Products and Goods

a) Compliance Mark Sample when making the first compliance announcement or when there have been changes to the compliance mark sample.

b) In case the products or goods fall under the list specified in point a, Clause 1, Article 6 of this Circular: A copy of the Conformity Assessment Certificate issued to the organization or individual importing the product or goods, or a copy of the Conformity Assessment Certificate issued to the manufacturer, accompanied by a letter from the manufacturer or its representative in Vietnam sent to the Telecommunications Regulatory Authority regarding the use of the conformity assessment certificate containing the following information: name, address, business registration number of the importing organizations; product or goods code (this document shall be submitted only once or when there is a change in the content of the document).

c) In case the products or goods fall under the list specified in point b, Clause 1, Article 6 of this Circular:

c.1. Self-assessment report carried out by the organization or individual importing the product or goods, or a copy of the self-assessment report carried out by the manufacturer, accompanied by a letter from the manufacturer or its representative in Vietnam sent to the Telecommunications Regulatory Authority regarding the use of the self-assessment report containing the following information: name, address, business registration number of the importing organizations; product or goods code (this document shall be submitted only once or when there is a change in the content of the document). The self-assessment report includes the following information:

- Name of organization or individual; address; telephone, fax.

- Product or good name.

- Manufacturer.

- Standard code number.

- Number and date of issuance of product testing results. These results must be issued by the testing unit serving the compliance announcement activity as stipulated in Clause 2, Article 5 of this Circular to the organization or individual conducting the self-assessment report.

- Conclusion that the product or good complies with the standard.

- Commitment to ensure the product or good's quality in accordance with the standard and fully responsible before the law for the product or good's quality and self-assessment results.

The self-assessment report is based on the results of the organization or individual's own implementation or on the results of conformity certification.

c.2. Technical documentation in Vietnamese or English of the product fully displaying the following contents: Name, code, and technical information of the product, external photographs, manufacturer.

3. Location for receiving applications

Organizations and individuals submit their applications at one of the following locations:

a) Submit online through the government’s online service portal (Telecommunications Regulatory Authority’s online service portal, Ministry of Information and Communications’ online service portal).

b) Submit directly or via postal service to the Telecommunications Regulatory Authority (Address: No. 68 Duong Dien Nghi Street, Yen Hoa Ward, Cau Giay District, Hanoi City).”

“3. Organizations and individuals are only permitted to use the conformity mark after registering the conformity mark sample with the Telecommunications Regulatory Authority. In case there is an inconsistency with the conformity mark, within three (03) working days, the Telecommunications Regulatory Authority will issue a document requesting the organization or individual to adjust the conformity mark accordingly.”

6. Amend and supplement Clause 1 of Article 24 as follows:

“1. Organizations and individuals must re-declare conformity in the following cases:

a) The technical design of the product or goods declared for conformity has changed, affecting the technical specifications of the product.

b) There is a change in the content of the conformity declaration application already registered.

c) The conformity declaration certificate has expired.”

7. Replace the "Conformity Declaration Certificate Template" in Appendix I with Model No. 01 attached to this Circular.

Article 2. Implementation

The Director of the Telecommunications Regulatory Authority, the Heads of agencies and units under the Ministry of Information and Communications, the Directors of provincial-level information and communications management agencies, and related organizations and individuals are responsible for implementing this Circular.

Article 3. Effectiveness

1. This Circular takes effect from July 1, 2020.

2. Repeal Clause 5, Clause 7, Clause 9, Clause 10, and Clause 12, Article 1 of Circular No. 15/2018/TT-BTTTT dated November 15, 2018, which amends and supplements certain provisions of Circular No. 30/2011/TT-BTTTT dated October 31, 2011, issued by the Minister of Information and Communications, concerning conformity declaration and public announcement of conformity for products and goods in the field of information technology and telecommunications.

3. Conformity declaration certificates and notifications of receipt of conformity declaration announcements issued before this Circular takes effect and still valid shall continue to be applicable until their expiration date.

4. Responsibility for implementation

During the implementation process, if there are difficulties or obstacles, please promptly reflect them to the Ministry of Information and Communications (Telecommunications Regulatory Authority) for consideration and resolution./.

 

Appendix

(Attached to Circular No.      /2020/TT-BTTTT dated 01 the 07 2020

of the Minister of Information and Communications

 

 

         Form No. 01

 

CONFORMITY DECLARATION CERTIFICATE

TYPE APPROVAL CERTIFICATE

(NAME OF THE CONFORMITY DECLARATION BODY)

(Name of Certification Body)

CERTIFICATE

It is to certify that

 

- Note (1): This information is only shown in the case of certification according to Method 7 and not shown in the case of certification according to Method 1 and Method 5.

- Note (2): This information is only shown in the case of certification according to Method 1 and Method 5 and not shown in the case of certification according to Method 7.

 

Form No. 02

 

 

REPORT ON THE STATUS OF CONFORMITY DECLARATION ACTIVITIES

From … to …

  Respectfully submitted to: Telecommunications Regulatory Authority  

1. Name of the Conformity Declaration Body:…

2. Address:… 

Telephone:…Fax:…Email:…

3. Status of activities:

(Name of the Conformity Declaration Body)... reports on the status of conformity declaration activities and issuance of conformity marks from …/…/…to …/…/…as follows:

a) Issued, reissued, amended and supplemented conformity declaration certificates:

b) Certificate of conformity that has been suspended, revoked:

            c) Management code of the conformity mark for products and goods that must be certified and announced as conforming that have been issued:

4. Recommendations, proposals:...