Circular No. 15/2018/TT-BTTTT 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 of conformity for products and goods in the information technology and telecommunications sector.

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

                                           

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

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

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding implementation of certain articles of the Telecommunications Law; Decree No. 81/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions of Decree No. 25/2011/NĐ-CP dated April 6, 2011 of the Government detailing and guiding implementation of certain articles of the Telecommunications Law 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 dated April 6, 2011 of the Government detailing and guiding implementation of certain articles of the Telecommunications Law and Article 30 of Decree No. 174/2013/NĐ-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the postal, telecommunications, information technology, and radio frequency sectors;

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

At the proposal of the Director of the Telecommunications Department and the Head of the Legal Department,

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 and declaration of conformity 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 and declaration of conformity for products and goods in the information technology and telecommunications sector

1. Amend and supplement Clause 2 of Article 5 as follows:

"2. Testing units serving conformity declaration activities are testing units designated, recognized, or registered to conduct testing activities under Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services."

2. Amending and supplementing Article 6 as follows:

"Article 6. List of products and goods and management forms"

1. List of products and goods that may cause safety risks under the responsibility of the Ministry of Information and Communications, including:

a) List of products and goods in the information technology and telecommunications sector that must be subject to conformity assessment and declaration of conformity;

b) List of products and goods in the information technology and telecommunications sector that must be subject to declaration of conformity.

2. Products and goods included in the "List of products and goods in the information technology and telecommunications sector that must be subject to conformity assessment and declaration of conformity" must undergo conformity assessment, declaration of conformity, and bear the conformity mark.

3. Products and goods included in the "List of products and goods in the information technology and telecommunications sector that must be subject to declaration of conformity" must undergo declaration of conformity and bear the conformity mark."

4. Amending Clause 1 and Clause 2, Article 8 as follows:

"4. Cases exempted from quality inspection upon importation as specified in Clause 7, Article 7 of Decree No. 132/2008/NĐ-CP dated December 31, 2008, supplemented at Clause 3, Article 1 of Decree No. 74/2018/NĐ-CP dated May 15, 2018."

4. Amending and supplementing Clause 2 and adding Clause 3 to Article 8 as follows:

"2. Products and goods that are not wireless telecommunication equipment produced domestically or imported for use by organizations or individuals producing or importing them.

3. Cases exempted from quality inspection upon importation as specified in Clause 7, Article 7 of Decree No. 132/2008/NĐ-CP dated December 31, 2008, supplemented at Clause 3, Article 1 of Decree No. 74/2018/NĐ-CP dated May 15, 2018."

"Article 11. Methods of conformity assessment"

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

1. Method 1: Typical sample testing.

This method applies to domestically produced products by units that have product quality management system certification certificates and imported products.

2. Method 5: Typical sample testing and production process evaluation; monitoring through sampling at the place of production or on the market combined with production process evaluation.

This method applies to domestically produced products by units that do not have product quality management system certification certificates.

6. Amend Clause 2 of Article 13 as follows:

"2. The time for the conformity assessment organization to evaluate and issue the Conformity Assessment Certificate shall not exceed seven (07) working days from the date of receipt of complete and valid documents as stipulated in Clause 1, Article 14 of this Circular. In case the certificate is not issued, the conformity assessment organization shall notify the proposing organization or individual in writing and specify the reasons."

"1. The application for conformity certification includes:

b) In cases where organizations have not yet obtained a business registration code or individuals have not yet obtained a personal identification number, the organization or individual shall submit along with the application for conformity certification a certified copy or a copy accompanied by the original for verification of one of the following documents:

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

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

Organizations and individuals only need to submit this part of the application when applying for conformity certification for the first time or when there has been a change in the aforementioned documents.

c) Product testing results issued by the inspection body specified in Clause 1 of Article 5 of this Circular to the organization, individual, or manufacturer or authorized representative of the manufacturer;

d) Technical documentation in Vietnamese or English of the product fully demonstrating the following contents: Name, designation, and technical information of the product, external photographs, manufacturer;

đ) Relevant documents depending on the conformity assessment method: A certified copy of the Quality Management System Certification still valid (in case of domestic products certified under Method 1); Production process and quality control procedures (in case of domestic products certified under Method 5).

2. Organizations and individuals shall submit one (01) set of application to the conformity certification body as follows:

a) Directly or through the postal service to the address of the conformity certification body;

b) Through the Electronic Information Portal published and guided on the website of the Telecommunications Regulatory Authority (vnta.gov.vn)."

8. Amend and supplement Article 15 as follows:

"Article 15. Measures for Conformity Declaration

1. For products and goods listed in Point b of Clause 1 of Article 6 of this Circular, organizations and individuals shall declare conformity based on: self-assessment results of the organization or individual or certification results from the conformity certification body or recognized certification body according to the law. Domestic products shall comply with Point a or Point b of Clause 2 of Article 4 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended by Clause 2 of Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018; imported goods shall comply with Point a or Point b of Clause 2 of Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended by Clause 3 of Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018.

2. For products and goods listed in Point a of Clause 1 of Article 6 of this Circular, organizations and individuals shall declare conformity based on certification results from the conformity certification body or recognized certification body according to the law. Domestic products shall comply with Point b of Clause 2 of Article 4 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended by Clause 2 of Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018; imported goods shall comply with Point b of Clause 2 of Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended by Clause 3 of Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018."

"Article 16. Procedures and Formalities for Conformity Declaration

1. For domestically produced products:

Organizations and individuals shall prepare the conformity declaration dossier in accordance with Clause 1 of Article 17 and submit one (01) set of dossier to the Telecommunications Regulatory Authority in accordance with Clause 2 of Article 17 of this Circular.

2. For imported products:

a) Organizations and individuals shall prepare the import goods quality inspection registration dossier in accordance with Point a of Clause 2a of Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008, supplemented by Clause 3 of Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018, and submit one (01) set of dossier to the Telecommunications Regulatory Authority in accordance with Clause 2 of Article 17 of this Circular.

Within one (01) working day, the Telecommunications Regulatory Authority shall confirm the registration of quality inspection for imported goods on the registration form.

b) Organizations and individuals shall submit the registered quality inspection form with confirmation from the Telecommunications Regulatory Authority to the customs authority to obtain clearance for the goods.

c) Within fifteen (15) working days from the date of clearance, organizations and individuals importing goods must submit to the Telecommunications Regulatory Authority the self-assessment results in accordance with Point đ of Clause 1 of Article 17 of this Circular (for cases declaring conformity under Point a of Clause 2 of Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended by Clause 3 of Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018) or certification results in accordance with Point d of Clause 1 of Article 17 of this Circular issued by the conformity certification body or recognized certification body according to the law (for cases declaring conformity under Point b of Clause 2 of Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended by Clause 3 of Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018).

d) For products and goods exempted from conformity certification as stipulated in Article 7 and exempted from conformity declaration as stipulated in Clause 1 and Clause 3 of Article 8 of this Circular, organizations and individuals are not required to implement the provisions stipulated in Points a, b, c of this clause;

For products and goods exempted from conformity declaration as stipulated in Clause 2 of Article 8 of this Circular, organizations and individuals shall send a letter to the Telecommunications Regulatory Authority regarding the purpose of using the products and goods and are not required to implement the provisions stipulated in Point c of this clause.

e) Apply measures for exemption and reduction of quality inspection as stipulated in Clause 8 of Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008, supplemented by Clause 3 of Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018.

3. The conformity declaration dossier shall be processed as follows:"

a) For incomplete conformity declaration files as stipulated in Article 17 of this Circular, within three (03) working days from the date of receipt of the conformity declaration file, the Telecommunications Regulatory Authority shall notify in writing to the organization or individual making the conformity declaration to supplement the required documents. If the conformity declaration file is not supplemented fully as prescribed within fifteen (15) working days from the date the Telecommunications Regulatory Authority sends the request for supplementation, the Telecommunications Regulatory Authority shall cancel the processing of such file.

b) For complete conformity declaration files as stipulated in Article 17 of this Circular, within five (05) working days from the date of receipt of the conformity declaration file, the Telecommunications Regulatory Authority shall organize the examination of the legality of the conformity declaration file.

b.1. In case the conformity declaration file is complete and valid, the Telecommunications Regulatory Authority shall issue a Notification of Receipt of Conformity Declaration File to the organization or individual making the conformity declaration (in accordance with Appendix IV of this Circular).

b.2. In case the conformity declaration file is complete but invalid, the Telecommunications Regulatory Authority shall notify in writing to the organization or individual making the conformity declaration about the reasons for not accepting the file.

4. The validity period of the Notification of Receipt of the Conformity Declaration File is as follows:

a) Three (03) years from the date of signing the Notification of Receipt of the Conformity Declaration File (in cases where the conformity declaration is made according to the method 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).

b) Within the validity period of the Certificate of Conformity or not exceeding three (03) years from the date of signing the Notification of Receipt of the Conformity Declaration File (in cases where the conformity declaration is made according to the method 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).

"1. The conformity declaration file includes:

b) In cases where organizations have not yet obtained a business registration code or individuals have not yet obtained an individual identification number, organizations or individuals must submit along with the conformity declaration application a certified copy or a copy accompanied by the original for verification of one of the following documents:

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

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

Organizations or individuals only need to submit this part of the file when making the first conformity declaration or when there has been a change in the aforementioned documents.

c) A sample of the conformity mark when making the first conformity declaration or when the conformity mark has changed.

d) In cases where products produced domestically or imported goods fall under the list specified in point a, Clause 1, Article 6 of this Circular: A copy of the Certificate of Conformity issued to:

d.1. Organizations or individuals producing the product (for domestically produced products);

d.2. Organizations or individuals importing, or manufacturers, or authorized representatives of manufacturers (for imported goods).

đ) In cases where products produced domestically or imported goods fall under the list specified in point b, Clause 1, Article 6 of this Circular:

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

đ.1.1. Name of organization or individual; address; telephone, fax;

đ.1.2. Product name, goods name;

đ.1.3. Standard code number;

đ.1.4. Conclusion that the product or goods comply with the standard;

đ.1.5. Commitment to the quality of the product or goods complying with the standard and applicable standards, and full responsibility before the law for the quality of the product or goods and the self-assessment results;

đ.1.6. Self-assessment report based on the results of self-conducted assessment by the organization or individual or based on the results of assessment by a conformity assessment body registered in accordance with Clause 2, Article 5 of this Circular;

đ.2. Test results of the product issued by the testing unit specified in Clause 2, Article 5 of this Circular to:

đ.2.1. Organizations or individuals producing the product (for domestically produced products);

đ.2.2. Organizations or individuals importing, or manufacturers, or authorized representatives of manufacturers (for imported goods).

đ.3. Technical documentation in Vietnamese or English of the product showing all contents: Name, model, technical information of the product, external photos, manufacturer.

2. Organizations or individuals shall submit the file to the Telecommunications Regulatory Authority as follows:

a) Directly or through the postal service to the address published by the Telecommunications Regulatory Authority on its website (vnta.gov.vn);

b) Through the online portal published and guided by the Telecommunications Regulatory Authority on its website (vnta.gov.vn).

11. Amend and supplement Article 22 as follows:

"Article 22. Validity and Procedure for Reissuing the Certificate of Conformity

1. The Certificate of Conformity shall expire in the following cases:

a) The name, model, version of the product that has been certified has changed;

b) The technical design of the product that has been certified has changed, affecting the technical specifications of the product;

c) There is no satisfactory surveillance assessment result as stipulated in Article 26 of this Circular;

d) Expiration of the validity period stated on the Certificate of Conformity.

2. The procedure for reissuing the Certificate of Conformity is regulated in Chapter II of this Circular."

"1. Organizations or individuals must resubmit the conformity declaration if there is any change in the content of the conformity declaration or the Notification of Receipt of the Conformity Declaration has expired. In cases where changes in the conformity declaration content are due to changes in the applied technical standards, the new standards shall be followed."

13. Replace "Model of Application for Conformity Certification" at Appendix II with Model No. 01 attached to this Circular.

14. Replace "Model of Conformity Declaration" at Appendix III with Model No. 02 attached to this Circular.

15. Replace "Model of Notification of Receipt of Conformity Declaration" at Appendix IV with Model No. 03 attached to this Circular.

16. Repeal Clause 8, Article 2, Clause 3, Article 5, Clause 3, Article 13, point a, Clause 1, Article 23; points d and đ, Clause 1, Article 27.

Article 2. Implementation Organization

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, and related organizations and individuals shall be responsible for implementing this Circular.

Article 3. Effectiveness

1. This Circular takes effect from January 1, 2019.

2. Notifications of acceptance of conformity declarations issued before this Circular takes effect shall continue to be implemented until the expiration of the validity period of such Notifications of acceptance of conformity declarations.

Article 4. Responsibilities for Implementation

During implementation, if there are difficulties or obstacles, it is requested that agencies, organizations, and individuals promptly report them to the Ministry of Information and Communications (Telecommunications Department) for review and resolution./.