Circular No. 28/2014/TT-BTTTT stipulates on the recognition of testing laboratories under mutual recognition agreements regarding conformity assessment for telecommunications and information technology products and goods.

CIRCULAR

Regulations on the recognition of testing laboratories under mutual recognition agreements

 reciprocal recognitions concerning conformity assessment for telecommunications products and information technology goods

 telecommunications and information technology sector

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

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011 of 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 on regulations regarding the recognition of testing laboratories under mutual recognition agreements (MRA) concerning conformity assessment for telecommunications products and information technology goods to serve quality management of telecommunications and information technology products and goods according to current Vietnamese regulations.

Article 1. Scope of Regulation

1. This Circular stipulates requirements and procedures for recognizing testing laboratories under mutual recognition agreements (MRA) concerning conformity assessment for telecommunications products and information technology goods to serve quality management of telecommunications and information technology products and goods according to current Vietnamese regulations.

2. This Circular also stipulates post-recognition management for recognized testing laboratories.

Article 2. Applicability

This Circular applies to testing laboratories (of other countries or territories) operating in the telecommunications and information technology sectors; and conformity assessment bodies in the information and communication sector according to current Vietnamese regulations.

Article 3. Explanation of Terms

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

1. Testing laboratory (of another country or territory) is an organization performing technical operations to determine product characteristics according to a specific process.

2. Recognition of a testing laboratory (recognition of test results) is the Ministry of Information and Communications' acceptance of test results conducted by a testing laboratory of another country or territory. Recognized test results will be accepted for use in conformity assessment activities for telecommunications and information technology products and goods in Vietnam.

3. 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 concerning conformity assessment for telecommunications and information technology products with Vietnam.

4. Designating authority (of another country or territory) is an organization authorized to grant testing laboratories the function of testing.

5. Accreditation body (of another country or territory) is an organization authorized to accredit testing laboratories meeting one or more standards for testing activities.

Article 4. Recognition Requirements

To be recognized under mutual recognition agreements concerning conformity assessment for telecommunications products and information technology goods, testing laboratories must meet the following requirements:

1. Be designated by an MRA participant as having sufficient capability and propose recognition by the Ministry of Information and Communications.

2. Be accredited to comply with ISO/IEC 17025 - "General requirements for the competence of testing and calibration laboratories" within the scope relevant to the proposed recognition. In cases where subcontracting is used, the subcontractor must also be recognized by the Ministry of Information and Communications.

3. The scope of recognition registration of the testing laboratory must be consistent with the scope of mutual recognition agreements concerning conformity assessment that Vietnam (represented by the Ministry of Information and Communications) and the relevant MRA participants have agreed upon.

Article 5. Application for Recognition

1. The MRA Participant shall submit one set of application documents directly or through postal service to:

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

Telephone: (04) 39437328

Telephone: +84(4)39437328

2. The application for recognition shall include:

a) A request for recognition document from the MRA Participant.

b) A form containing information about the laboratory and the scope of recognition requested (Annex I of this Circular).

c) A copy of the certificate confirming compliance with the ISO/IEC 17025 standard along with the scope of recognition that corresponds to the requested scope.

d) A sample of test results compliant with national technical standards and regulations of Vietnam.

đ) The evaluation process used to designate the laboratory (for each MRA Participant).

Article 6. Evaluation of the Application for Recognition

1. The Ministry of Information and Communications shall examine and evaluate the application according to the requirements stipulated in Clause 1 of Article 5 of this Circular. In cases where the application is incomplete or does not comply with regulations, the Ministry of Information and Communications will request the completion of the application within ten working days from the date of receipt. The MRA Participant must complete the application within ten working days.

2. If the requirements of Article 4 of this Circular are met, the Ministry of Information and Communications shall issue a Decision on recognition of the laboratory and send it to the MRA Participant within sixty days from the date of receipt of a complete and compliant application (Annex II of this Circular).

Article 7. Changes in Laboratory Information

1. In case there are changes in laboratory information, recognition scope, designation scope, or information affecting the ability to continue activities within the recognized scope, the MRA Participant must submit an update request.

2. The Ministry of Information and Communications shall review and issue a Decision reflecting the change in laboratory information as stipulated in Clause 1 of this Article.

Article 8. Revocation of Recognition

In cases where non-compliance with the requirements of this Circular is detected or upon request from the MRA Participant, the Ministry of Information and Communications shall issue a Decision to revoke the recognition (Annex III of this Circular).

Article 9. Responsibilities of Relevant Authorities and Organizations

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

a) To take the lead and coordinate with relevant agencies, units, and MRA Participants to organize guidance on implementing this Circular.

b) To take the lead and coordinate with the Information Center to update the list of recognized laboratories on the Ministry of Information and Communications' electronic portal.

c) To organize reviews and present to the Minister of Information and Communications for approval to update and supplement the list of national technical standards and regulations related to mutual recognition agreements for telecommunications and information technology products and goods according to current regulations; notify relevant MRA Participants.

2. Accreditation organizations in the field of information and communication shall cooperate in guiding and implementing this Circular.

3. Recognized laboratories have the responsibility to implement the provisions of this Circular and related mutual recognition regulations; and must be subject to inspection by authorized authorities when necessary.

Article 10. Effective Date

1. This Circular takes effect from February 16, 2015.

2. Abolish Decision No. 172/2003/QĐ-BBCVT dated December 30, 2003 of the Minister of Posts and Telecommunications (now the Ministry of Information and Communications) regarding the recognition of laboratories designated by Vietnam under mutual recognition agreements for telecommunication equipment conformity assessment.

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, and other relevant agencies, organizations, and individuals are responsible for enforcing this Circular./.