Circular No. 12/2016/TT-BTTTT stipulates on the designation of testing laboratories to participate in mutual recognition agreements (MRA) regarding conformity assessment results for telecommunications and information technology products and goods.

CIRCULAR

Regulations on the designation of testing laboratories to participate in mutual recognition agreements regarding conformity assessment results for telecommunications and information technology products and goods

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

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

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;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government 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,

The Minister of Information and Communications issues this Circular to regulate the designation of testing laboratories to participate in mutual recognition agreements (MRA) regarding conformity assessment results for telecommunications and information technology products and goods.

Article 1. Scope of Regulation

This Circular stipulates the requirements and procedures for the designation of testing laboratories to participate in mutual recognition agreements (MRA) regarding conformity assessment results for telecommunications and information technology products and goods.

Article 2. Applicability

This Circular applies to conformity assessment organizations in the field of information and communications according to current Vietnamese regulations.

Article 3. Explanation of Terms

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

1. Testing laboratory (testing organization) is an entity that performs technical operations to determine one or more characteristics of products and goods according to a specified procedure.

2. MRA participant is a national representative (in the Association of Southeast Asian Nations - ASEAN) or an economy (in the Asia-Pacific Economic Cooperation - APEC) that has exchanged letters implementing mutual recognition agreements regarding conformity assessment results for telecommunications and information technology products and goods with Vietnam.

Test results from testing laboratories recognized by MRA participants under mutual recognition agreements will be accepted for use in conformity assessment activities for telecommunications and information technology products and goods produced in Vietnam and imported into other countries and economies.

Article 4. Registration Requirements

To be designated to participate in mutual recognition agreements regarding conformity assessment results for telecommunications and information technology products and goods, testing laboratories must meet the following requirements:

1. Legally established and operating in accordance with the law.

2. Possess sufficient technical expertise to conduct measurements according to relevant standards and technical regulations.

3. Recognized as complying with ISO/IEC 17025 - "General Requirements for the Competence of Testing and Calibration Laboratories" by a certification body that is a member of the Asia-Pacific Laboratory Accreditation Cooperation (APLAC), with a scope of recognition consistent (partially or fully) with the scope of the mutual recognition agreement on conformity assessment that Vietnam and the relevant MRA participant have agreed upon.

Article 5. Designation Registration Documents

1. Testing laboratories wishing to apply shall submit one set of documents directly or through postal service, and one set in electronic form (on CD or USB) to:

Department of Science and Technology (Ministry of Information and Communications)

Address: 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City

Telephone: +84(4)39437328

Email: [email protected]

2. The registration dossier includes:

a) Application for designation to participate in mutual recognition agreements regarding conformity assessment results according to the model attached as Appendix I to this Circular;

b) A copy of the certificate of compliance with ISO/IEC 17025 standard, accompanied by the scope of recognition consistent with the scope of the mutual recognition agreement on conformity assessment results that Vietnam and the relevant MRA participant have agreed upon;

c) Sample test results compliant with the corresponding national standards and technical regulations of the MRA participant;

d) Other related documents as required by the MRA participant (depending on each country or economy).

Article 6. Evaluation of Registration Application Files

1. The Science and Technology Department shall examine and evaluate the application files according to the requirements set forth in Clause 2, Article 5 of this Circular. In cases where the file is incomplete as prescribed, within seven (7) working days from the date of receipt of the file, the Science and Technology Department shall issue a document requesting the completion of the file and send it to the agency or organization that has registered for designation.

2. Within ten (10) working days from the date of receiving a complete file as prescribed, the Ministry of Information and Communications shall issue a Decision to establish the Designation Evaluation Board for Testing Laboratories. The Designation Evaluation Board for Testing Laboratories shall consist of management officials and technical experts specializing in telecommunications and information technology.

3. Within ten (10) working days from the date of issuing the establishment decision, the Designation Evaluation Board shall conduct an evaluation of the testing laboratory's capacity based on reviewing the file and conducting direct assessments at the testing laboratory according to the requirements stipulated in Article 4 of this Circular. Members of the Designation Evaluation Board for Testing Laboratories shall complete the Designation Assessment Form according to the model attached in Appendix II of this Circular. Within thirty (30) working days, the testing laboratory must implement the conclusions of the Designation Evaluation Board for Testing Laboratories according to the Model Minutes attached in Appendix III of this Circular and resubmit the file according to the provisions of Clause 2, Article 5 of this Circular to the Ministry of Information and Communications (Science and Technology Department).

4. Within ten (10) working days from the date when the testing laboratory fulfills all contents as concluded by the Designation Evaluation Board for Testing Laboratories, the Science and Technology Department shall submit to the Minister of Information and Communications for consideration and permission to send a request to the MRA Participant to recognize the testing laboratory according to agreed procedures.

5. In cases where the testing laboratory has been designated to serve the specialized management of the Ministry of Information and Communications; holds a certification recognized by an APLAC member with a scope of recognition consistent with the mutual recognition agreement on conformity assessment that Vietnam and the relevant MRA Participant have agreed upon; after submitting a complete file according to the provisions of Clause 2, Article 5 of this Circular, the Science and Technology Department shall submit to the Minister of Information and Communications for consideration and permission to send a request to the MRA Participant to recognize the testing laboratory according to agreed procedures.

6. After being recognized by the MRA Participant, the testing laboratory will be announced on the electronic information portal of the Ministry of Information and Communications.

Article 7. Responsibilities of Relevant Agencies and Organizations

1. The Science and Technology Department shall be responsible for:

a) Taking the lead and coordinating with related agencies, units, and MRA Participants to organize guidance on implementing this Circular;

b) Taking the lead and coordinating with the Information Center to update the list of testing laboratories recognized by MRA Participants on the electronic information portal of the Ministry of Information and Communications;

c) Conducting sudden inspections when there are complaints or indications of violations or non-compliance with the requirements stipulated in Article 4 of this Circular. In cases where the testing laboratory violates regulations, the Ministry of Information and Communications shall notify the MRA Participant to revoke the recognition.

2. Testing laboratories recognized by MRA Participants shall be responsible for:

a) Annually reporting to the Ministry of Information and Communications on the situation of testing activities and any recommendations or proposals (if any);

b) In cases of changes in testing laboratory information, scope of recognition, or information affecting the ability to continue performing activities within the recognized scope, the testing laboratory shall submit a request for information change to the Ministry of Information and Communications (Science and Technology Department) to request the MRA Participant to update;

c) Adhering to the provisions of this Circular, related mutual recognition agreements, and accepting inspection and supervision by authorized authorities when necessary.

Article 8. Effective Date

1. This Circular takes effect from June 30, 2016.

2. Abolish Decision No. 51/2006/QĐ-BBCVT dated December 1, 2006, issued by the Minister of Posts and Telecommunications regarding the designation of equipment testing laboratories participating in the mutual recognition agreement on equipment conformity assessment TEL MRA.

3. During implementation, if there are any difficulties, please report to the Ministry of Information and Communications (Science and Technology Department) for prompt resolution.

4. The Director of the Office, the Head of the Science and Technology Department, the Heads of ministries, units under the Ministry, and related organizations and individuals are responsible for enforcing this Circular./.