Circular No. 16/2011/TT-BTTTT on the inspection of telecommunications equipment and radio stations

CIRCULAR

Provisions on testing telecommunication 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 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 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 Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending Decree No. 187/2007/NĐ-CP dated December 25, 2007 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 Quality Management Department under the Ministry of Information and Communications,

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. This Circular stipulates provisions on testing telecommunication equipment and radio stations.

2. This Circular applies to organizations and enterprises managing and operating telecommunication equipment and radio stations listed in the "List of Telecommunication Equipment and Radio Stations Required for Testing" prescribed in Article 5 of this Circular (hereinafter referred to as organizations and enterprises). It is encouraged that organizations and enterprises conduct testing of telecommunication equipment and radio stations not included in the "List of Telecommunication Equipment and Radio Stations Required for Testing" 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. Telecommunication equipment required for testing includes telecommunication network equipment and billing measurement devices that must comply with national technical standards.

2. Radio station required for testing is one or a combination of radio equipment, including auxiliary equipment deployed to perform radio operations and must comply with national technical standards on radio frequency radiation safety.

3. Testing of telecommunication equipment and radio stations (hereinafter referred to as testing) is the process of measuring and certifying telecommunication equipment and radio stations in compliance with national technical standards. The testing does not replace and does not reduce the responsibility of organizations and enterprises for the quality and safety of telecommunication equipment and radio stations as prescribed by law.

Article 3. State management agency for testing

1. The Telecommunications Department shall implement state management responsibilities for testing throughout the country in accordance with this Circular and relevant laws.

2. Provincial Departments of Information and Communications shall cooperate with the Telecommunications Department to implement state management responsibilities for testing within their jurisdiction.

Article 4. Testing organization

The telecommunication equipment and radio station testing organization (hereinafter referred to as the Testing Organization) is a public service unit engaged in technical services under the state management agency assigned by the Ministry of Information and Communications to carry out testing work.

Article 5. List of telecommunication equipment and radio stations required for testing

In each period, the Ministry of Information and Communications shall issue the "List of Telecommunication Equipment and Radio Stations Required for Testing" in line with policy requirements and actual development of specialized telecommunications infrastructure.

Chapter II

CONTENT AND PROCEDURES FOR INSPECTION

Article 6. Cases for Inspection

1. Initial Inspection:

a) For newly installed telecommunication equipment and radio stations listed in the "List of Telecommunication Equipment and Radio Stations Required for Testing," before putting such equipment into operation and use, organizations and enterprises must conduct testing in accordance with the procedures prescribed in Article 7 of this Circular.

b) For telecommunication equipment and radio stations listed in the "List of Telecommunication Equipment and Radio Stations Required for Testing" that were put into use before the effective date of the "List of Telecommunication Equipment and Radio Stations Required for Testing" but have not been tested, organizations and enterprises must conduct testing in accordance with the provisions of Article 9 of this Circular.

2. Periodic Inspection:

For telecommunication equipment and radio stations that have already been tested, at least three (03) months prior to the expiration date indicated on the Testing Certificate, organizations and enterprises must conduct retesting in accordance with the procedures prescribed in Article 7 of this Circular.

3. Unusual Inspection:

a) For telecommunication equipment and radio stations that have been tested but have changes exceeding the permissible safety limits recorded in the Testing Certificate or when the state management agency discovers that the telecommunication equipment and radio stations no longer meet national technical standards, within thirty (30) days from the date of change or when the telecommunication equipment and radio stations are found to no longer meet national technical standards, the enterprise must conduct retesting in accordance with the procedures prescribed in Article 7 of this Circular.

b) In cases where there are changes in telecommunication equipment and radio stations but do not exceed the safety limits recorded by the Testing Organization in the Testing Certificate, organizations and enterprises are not required to conduct retesting but must ensure the safety of the telecommunication equipment and radio stations. Within the first twenty (20) days of each quarter, organizations and enterprises must report in writing about the changes in the previous quarter to the Testing Organization that issued the Testing Certificate.

Article 7. Certification Procedure

1. The enterprise shall submit one set of certification application files directly at the premises of the Certification Organizations or send the files through the postal system to the Certification Organizations within the time limit specified in Article 6 of this Circular. The file includes:

a) Application for certification (in accordance with the form prescribed in the Appendix of this Circular);

b) Report on changes to telecommunications equipment, radio stations (for the case of extraordinary certification as stipulated in Clause 3, Article 6 of this Circular);

c) Product description documents, user guides, installation instructions (in the case of the first-time certification of telecommunications equipment, radio stations).

2. Within ninety (90) days from the date the organization or enterprise completes the certification application file and pays the certification fee as prescribed in Article 10 of this Circular, the Certification Organization shall cooperate with the organization or enterprise to conduct certification according to the certification procedures issued by the Ministry of Information and Communications for each type of telecommunications equipment, radio station listed in the "List of Telecommunications Equipment and Radio Stations Subject to Compulsory Certification."

3. Within thirty (30) days from the date the telecommunications equipment, radio station receives the Certificate of Certification, the organization or enterprise must post a copy of the Certificate of Certification at the installation site of the telecommunications equipment, radio station.

4. In cases where the Certificate of Certification is not issued, the Certification Organization shall be responsible for notifying in writing the non-compliance points with national technical standards and sending them to the organization or enterprise for corrective measures. Within thirty (30) days from the date of notification by the Certification Organization, the organization or enterprise must correct the non-compliance points and reapply for certification as prescribed in Point a, Clause 1, Article 6 of this Circular.

5. If the organization or enterprise fails to rectify the deficiencies and complete the file beyond the time limit stipulated in Clause 4 of this Article, the organization or enterprise must cease operation of the telecommunications equipment, radio station.

Article 8. Revocation of the Certificate of Certification and Cases Where the Certificate of Certification Expires

1. The Certification Organization shall carry out the revocation of the issued Certificate of Certification upon the request of state management agencies when they discover that telecommunications equipment, radio stations have been certified but no longer comply with national technical standards. Within thirty (30) days from the date of revocation of the Certificate of Certification, the organization or enterprise must complete the correction of non-compliant points and reapply for certification as prescribed in Article 7 of this Circular.

2. The Certificate of Certification becomes invalid when:

a) It exceeds the validity period stated on the Certificate of Certification;

b) The Certificate of Certification has been revoked;

c) There are changes to the telecommunications equipment, radio station that exceed the safety limits specified in the Certificate of Certification;

d) The telecommunications equipment, radio station has been moved to a location different from that stated on the Certificate of Certification.

Article 9. Inspection of telecommunications equipment and radio stations put into use before the effective date of the "List of Telecommunications Equipment and Radio Stations Required to be Inspected" and not yet inspected

1. Within thirty (30) days from the effective date of the "List of Telecommunications Equipment and Radio Stations Required to be Inspected", organizations and enterprises must submit a written report to the Telecommunications Department along with a list of telecommunications equipment and radio stations under the "List of Telecommunications Equipment and Radio Stations Required to be Inspected" that have been put into use but not yet inspected.

2. The Ministry of Information and Communications shall specify the specific deadlines for inspecting telecommunications equipment and radio stations under the "List of Telecommunications Equipment and Radio Stations Required to be Inspected" that were put into use before the effective date of the "List of Telecommunications Equipment and Radio Stations Required to be Inspected" but not yet inspected.

3. The procedures for inspecting telecommunications equipment and radio stations under the "List of Telecommunications Equipment and Radio Stations Required to be Inspected" that were put into use before the effective date of the "List of Telecommunications Equipment and Radio Stations Required to be Inspected" but not yet inspected shall be carried out as prescribed in Article 7 of this Circular.

Article 10. Fees and Charges for Inspection

1. Organizations and enterprises must pay inspection fees to the Inspection Organization before conducting the inspection. The deadline for paying the inspection fee is fifteen (15) days from the date the Inspection Organization notifies the inspection fee. In case organizations and enterprises fail to pay the inspection fee within the specified period, the Inspection Organization has the right to refuse the inspection and notify the organization or enterprise in writing.

2. Organizations and enterprises must pay the charge for issuing the Inspection Certificate to the Inspection Organization within fifteen (15) days from the date the Inspection Organization notifies the charge for issuing the Inspection Certificate.

3. The inspection fee and the charge for issuing the Inspection Certificate for telecommunications equipment and radio stations under the "List of Telecommunications Equipment and Radio Stations Required to be Inspected" shall be implemented according to the regulations of the Ministry of Finance.

4. The Inspection Organization is not required to refund the inspection fee in cases where telecommunications equipment and radio stations are not issued an Inspection Certificate.

5. In cases where inspections are conducted at the voluntary request of organizations and enterprises for telecommunications equipment and radio stations not included in the "List of Telecommunications 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 11. State Management Responsibilities for Inspection Work

1. The Telecommunications Department shall be responsible for:

a) Guide provincial Departments of Information and Communications, Inspection Organizations, and related organizations and enterprises in implementing this Circular;

b) Inspect organizations and enterprises and Inspection Organizations regarding compliance with inspection regulations throughout the country;

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

d) Publicize on their electronic information websites (websites) the contents related to inspection, including: Inspection Organizations; inspection application forms; procedures and processes for issuing Inspection Certificates; lists of telecommunications equipment and radio stations that have been issued Inspection Certificates;

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 Departments of Information and Communications shall be responsible for:

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

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

c) Identifying and reporting technical safety issues in the telecommunications sector, and proposing management measures for telecommunications equipment and radio stations to the Ministry of Information and Communications.

Article 12. Responsibilities of Certification Organizations

1. Conduct certification, issue and revoke the Certification Certificate in accordance with regulations. During the certification process, ensure the safety of the network, equipment, and do not affect the normal operation of the network.

2. Bear legal responsibility for the results of certification.

3. Store certification records in accordance with the certification procedures issued by the Ministry of Information and Communications.

4. Establish a database on telecommunications equipment and radio stations that have been certified to connect to the certification work database of the Telecommunications Department.

5. Monthly compile and report to the Telecommunications Department on the implementation of certification activities.

6. Report contents related to certification work as required by competent authorities.

Article 13. Responsibilities of organizations and enterprises

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

2. Assign tasks to individuals or focal units to implement certification regulations.

3. Maintain and ensure the compliance of telecommunications equipment and radio stations with national technical standards after certification.

4. 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 non-compliance; in necessary cases, cease operations of the telecommunications equipment and radio stations.

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.

5. Implement reporting procedures as stipulated in the certification procedures issued by the Ministry of Information and Communications.

6. Undergo inspection and submit reports as required by the Telecommunications Department and Provincial Departments of Information and Communications regarding certification work.

Article 14. Effective Date

This Circular takes effect from August 15, 2011. The Circular No. 09/2009/TT-BTTTT dated March 24, 2009 of the Minister of Information and Communications on certification and declaration of conformity for specialized telecommunications works is hereby repealed.

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 of centrally governed cities and provinces, General Directors, Directors of organizations and enterprises, and relevant individuals are responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties or obstacles, organizations and individuals shall promptly reflect them to the Ministry of Information and Communications for consideration and resolution./.