Circular No. 30/2011/TT-BTTTT on conformity assessment certification and declaration for products and goods in the telecommunications sector of information technology.

CIRCULAR

Regulations on conformity assessment and declaration of conformity for products and goods in the specialized field of information technology and telecommunications

goods specialized in information technology for communication

______________________

 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;

Based on Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

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. 187/2007/ND-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications, which has been amended and supplemented by Decree No. 50/2011/ND-CP dated June 24, 2011;

At the proposal of the Director of the Telecommunications Administration,

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. Scope of regulation: These Circulars regulate activities of conformity assessment and declaration of conformity (hereinafter referred to as conformity assessment and declaration of conformity) for products under the specialized management of the Ministry of Information and Communications (hereinafter referred to as products), including: telecommunication equipment; radio frequency transmission and reception equipment; electronic and information technology equipment (excluding equipment used for national defense and security purposes as prescribed by law).

Products within the framework of international treaties on mutual recognition of conformity assessment and declaration of conformity that Vietnam is a member of shall be governed by such international treaties.

2. Applicability: These Circulars apply to organizations and individuals, both domestic and foreign, engaged in production and business of the products mentioned in Clause 1 of this Article on the territory of Vietnam (hereinafter referred to as organizations and individuals).

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

1. Conformity assessment is the confirmation that a product complies with technical regulations issued by the Ministry of Information and Communications and/or mandatory standards prescribed by the Ministry of Information and Communications (hereinafter collectively referred to as technical regulations) to ensure compatibility of the product in connection, national telecommunication network security, information security, electromagnetic compatibility requirements, efficient and economical use of radio frequency spectrum resources, safety for people and the environment, and protection of consumer rights.

2. Declaration of compliance with technical regulations is the act of organizations and individuals declaring to the competent state management agency and consumers about the compliance of the product with corresponding technical regulations after completing the conformity assessment process.

3. Product testing is the determination of one or more technical characteristics of the product according to corresponding technical regulations.

5. Testing unit is an entity capable of conducting testing of product technical characteristics according to corresponding technical regulations.

6Designated testing unit is a testing unit designated by the Ministry of Information and Communications to conduct testing for conformity assessment and declaration of conformity.

7. Recognized testing unit is a foreign testing unit recognized by the Ministry of Information and Communications within the framework of mutual recognition agreements.

Article 3. Nature of conformity assessment and declaration of conformity activities

Conformity assessment and declaration of conformity are mandatory activities for organizations and individuals producing and trading products subject to corresponding technical regulations before entering the market, serving quality management of specialized products and goods.

Article 4. State Management Agencies for Conformity Assessment and Declaration

1. The Telecommunications Agency shall be responsible for implementing state management tasks related to conformity assessment and declaration for information technology and telecommunications products and goods nationwide.

2. Provincial Departments of Information and Communications under centrally governed cities (hereinafter referred to as Provincial Departments of Information and Communications) shall cooperate with the Telecommunications Agency to implement conformity assessment and declaration management tasks within their respective jurisdictions.

Article 5. Testing Units Serving Conformity Assessment and Declaration

1. Testing units serving conformity assessment activities are testing units designated or recognized.

4. Testing units must bear responsibility before the competent authority regarding the accuracy of testing results. Testing results do not replace the Certificate of Conformity and the Declaration of Conformity.

1. In each period, the Ministry of Information and Communications shall promulgate the "List of Information Technology and Telecommunications Products and Goods that Must Undergo Conformity Assessment and Declaration" and the "List of Information Technology and Telecommunications Products and Goods that Must Undergo Declaration" in accordance with national management policies.

2. For the "List of Information Technology and Telecommunications Products and Goods that Must Undergo Conformity Assessment and Declaration," organizations and individuals producing or importing products listed herein, except for cases stipulated in Article 7 of this Circular, must conduct conformity assessment according to Chapter II, declare conformity according to Chapter III, and use the conformity mark according to Chapter IV of this Circular.

3. For the "List of Information Technology and Telecommunications Products and Goods that Must Undergo Declaration," organizations and individuals producing or importing products listed herein, except for cases stipulated in Article 8 of this Circular, must conduct declaration according to Chapter III and use the conformity mark according to Chapter IV of this Circular.

Products listed in Clause 2 of Article 6 of this Circular do not require conformity assessment in the following cases:

1. Imported products carried by individuals or transported through cargo for personal use in accordance with the law, including: electronic devices, information technology equipment; fixed and mobile public terminal equipment for telecommunications and Internet services that have been permitted to provide and use in Vietnam.

2. Products imported or produced domestically for display or exhibition in accordance with the law; samples for research and development purposes or for product testing to serve conformity assessment activities.

3. Radio equipment of foreign diplomatic agencies, consular agencies of foreign countries, international organization representative offices in Vietnam, high-level delegations from foreign countries visiting Vietnam enjoying diplomatic privileges and immunities; foreign journalists entering Vietnam for short-term press activities (with a press operation permit from the Ministry of Foreign Affairs); amateur radio operators.

Products listed in Clauses 2 and 3 of Article 6 of this Circular but not required to make an announcement of compliance in the following cases:

1. The cases not requiring certification of compliance as stipulated in Article 7 of this Circular.

Article 9. Certification of Compliance for Radio Equipment

Certification of compliance for radio equipment must comply with radio frequency planning and ensure regulations on quality emission management, safety from non-ionizing radiation, and electromagnetic compatibility as prescribed by law. In addition to complying with this Circular's provisions on certification and announcement of compliance, radio equipment used within the territory of Vietnam must also have a Radio Frequency Usage Permit.

Article 10. Costs of Certification and Announcement of Compliance

Organizations and individuals are obligated to pay the costs of certification of compliance and fees for receiving announcements of compliance according to current laws.

Chapter II

CERTIFICATION OF COMPLIANCE

1. The method of certification of compliance for products that comply with management regulations under corresponding technical standards.

2. The Department of Telecommunications shall provide detailed guidance on applying the method of certification of compliance specified in Clause 1 of this Article for specific subjects to ensure compliance with corresponding technical standards.

Article 12. Certificate of Compliance

1. The Certificate of Compliance issued by the Organization certifying compliance is valid nationwide.

2. The Certificate of Compliance is issued for each type of product, with a maximum validity period of three (03) years. During the validity period of the Certificate of Compliance, organizations and individuals are permitted to supply products to the market without limitation on quantity.

3. The Certificate of Compliance follows the model at Appendix I of this Circular.

Article 13. Procedures for Certification of Compliance

1. Organizations and individuals prepare the application dossier for certification of compliance as stipulated in Clause 1 of Article 14 of this Circular and submit one (01) set of the dossier to the Organization certifying compliance.

Article 14. Application Dossier for Certification of Compliance and Location for Receiving Dossiers

1. The application dossier for certification of compliance includes:

a) A request for certification of compliance (following the model at Appendix II of this Circular);

ChapterIII

ANNOUNCEMENT OF COMPLIANCE

1. For products listed in Clause 2, Article 6 of this Circular, organizations and individuals must register the Announcement of Compliance (according to the form in Appendix III of this Circular) after obtaining the Certificate of Compliance issued by the Certification Organization.

2. For products listed in Clause 3, Article 6 of this Circular, organizations and individuals must register the Announcement of Compliance after self-assessing conformity based on the product testing results from the testing unit specified in Clause 2, Article 5 of this Circular.

2. Within seven (07) working days from the date of receipt of complete and valid dossiers, the agency receiving dossiers shall issue a Notice of Receipt of the Compliance Announcement (according to the form in Appendix IV of this Circular). In case the Compliance Announcement is not accepted, the agency receiving dossiers shall notify in writing to the organization or individual registering the compliance announcement about the contents that are not in compliance so they can improve and resubmit the registration.

a) The Compliance Announcement;

Chapter IV

USE OF CONFORMITY MARKS

1. The Conformity Mark is a symbol indicating that the product meets the corresponding technical standards.

2. Depending on the methods for announcing compliance as stipulated in Article 15 of this Circular, the Conformity Mark includes:

a) The Conformity Mark for products that must be certified and announced as compliant (according to the form in Appendix V of this Circular);

b) The Conformity Mark for products that must be announced as compliant (according to the form in Appendix VI of this Circular);

1. The Conformity Mark can be enlarged or reduced but must maintain the correct ratio and be recognizable to the naked eye.

2. The color of the Conformity Mark is chosen by the organization or individual, but it must be displayed in the same color, ensuring clarity, visibility, and durability. No additional characters, images, or patterns may be printed within the Conformity Mark area. If printing the Conformity Mark on other materials for attachment or application, the material must be selected such that it can only be used once and cannot be peeled off and reapplied.

3. After making the compliance announcement, organizations and individuals shall represent the Conformity Mark by printing, attaching, or applying the Conformity Mark directly on the product or packaging or label attached to the product in a visible and readable position, and it may also be printed in the accompanying technical documentation.

1. Organizations and individuals using conformity marks must comply with this Circular and bear responsibility before competent authorities regarding the accuracy of conformity marks.

2. Organizations and individuals with products certified for conformity have the responsibility to:

a) Maintain records and report on the use of conformity marks periodically according to the guidance of the conformity certification organization and at any time when requested by state agencies with competent authority;

b) Report to the agency receiving conformity declarations when there is a change in the registered conformity mark design. In cases where there is non-compliance with conformity marks, within ten (10) working days, the agency receiving conformity declarations shall issue a document requesting organizations and individuals to adjust conformity marks appropriately.

3. The Telecommunications Department shall provide detailed guidance to relevant units to implement management of conformity marks in accordance with the provisions of this Article.

Chapter V

MANAGEMENT OF PRODUCTS AFTER CONFORMITY CERTIFICATION AND DECLARATION

AND CONFORMITY DECLARATION

Article 21. Responsibilities of organizations and individuals

1. Organizations and individuals producing or importing products listed in Clause 2, Article 6 of this Circular may only be allowed to bring products to the domestic market after obtaining a Certificate of Conformity, implementing conformity declaration, and affixing conformity marks.

2. Organizations and individuals producing or trading in products listed in Clause 3, Article 6 of this Circular may only be allowed to bring products to the domestic market after implementing conformity declaration and affixing conformity marks.

3. Organizations and individuals are not permitted to bring to the domestic market products that fall under the cases not requiring conformity certification as stipulated in Article 7 and those not requiring conformity declaration as stipulated in Article 8 of this Circular.

4. Organizations and individuals producing or trading in products that have been certified or declared for conformity have the responsibility to continuously maintain product quality as certified or declared and must bear legal responsibility for the quality of each product they supply.

5. During the production process or circulation of products in the market, if organizations and individuals discover that products they supply do not meet corresponding technical standards as certified or declared, they must take the following measures:

a) Timely notify the management agency about non-compliance;

b) Take corrective actions for non-compliance. If necessary, temporarily suspend the introduction into circulation on the market and recall non-compliant products currently circulating on the market;

c) Notify the management agency about the results of correcting non-compliance before continuing to introduce products into circulation on the market.

1. In the following cases, organizations and individuals who have been issued a Certificate of Conformity must reapply for conformity certification procedures:

a) The name, code, version of the product that has been certified changes;

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

c) The applicable technical standard for certification changes; types of radio frequency spectrum planning change (for radio equipment);

d) The Certificate of Conformity has expired;

đ) The Certificate of Conformity has been revoked (after rectifying the grounds for revocation).

2. Procedures for reissuing the Certificate of Conformity are provided in Chapter II of this Circular.

Article 23. Revocation of Conformity Certificate and Right to Use Conformity Mark

1. In the following cases, the conformity assessment organization must carry out revocation and invalidate the conformity certificate and right to use the conformity mark that have been issued to organizations and individuals:

b) Organizations and individuals who have been issued a conformity certificate do not comply with the provisions on conformity assessment and use of the conformity mark.

2. Organizations and individuals are responsible for returning the invalidated conformity certificate (original copy) to the conformity assessment organization and cease using the conformity mark granted for the product.

Article 24. Reannouncement of Conformity

2. Procedures for reannouncing conformity are stipulated in Chapter III of this Circular.

Article 25. Record Keeping and Reporting

1. Organizations and individuals must keep records and present them to competent state agencies upon request.

2. Records to be kept include:

a) In the case where the product has been certified for conformity and the conformity announcement has been made according to the method specified in Clause 1, Article 15 of this Circular:

- Registered conformity announcement;

- Notification of receipt of the conformity announcement;

- Conformity certificate;

- Product testing results;

- Samples of the conformity marks used.

b) In the case where the product has made a conformity announcement according to the method specified in Clause 2, Article 15 of this Circular:

- Registered conformity announcement;

- Notification of receipt of the conformity announcement;

- Product testing results;

- Samples of the conformity marks used.

3. The conformity assessment organization must maintain a logbook and report to the Telecommunications Department the results of conformity assessment activities and issuance of conformity marks on a semi-annual basis once every six (06) months during the first week of Quarter I and Quarter III, or at any time upon request. The reporting form is prescribed in Appendix VII of this Circular.

Article 26. Supervision by the Conformity Assessment Organization over Products Certified for Conformity

1. The supervision by the conformity assessment organization over products certified for conformity aims to check and monitor the use of conformity marks and maintain the quality of products of organizations and individuals whose products have been certified for conformity.

2. Depending on the conformity assessment method, the conformity assessment organization will develop a supervision plan, content, report to the Telecommunications Department, and implement supervision of products certified for conformity. Supervision is carried out periodically not more than twelve (12) times per year or at any time upon request from competent state agencies or when complaints about the quality of certified products are received from consumers.

3. Organizations and individuals producing and trading products certified for conformity are responsible for cooperating with the conformity assessment organization to comply with the supervision implementation as stipulated in Clause 2 of this Article.

Chapter VI

IMPLEMENTATION

Article 27. Responsibilities of Management Agencies

1. The Telecommunications Department shall be responsible for:

a) Lead in guiding and inspecting conformity assessment organizations and related organizations and individuals in implementing this Circular.

b) Lead in guiding methods, procedures, and processes for conformity certification and announcement for relevant units.

c) Issue and guide supervision procedures for products certified for conformity and announced conformity.

e) Publicize on the electronic information website (website) contents related to conformity certification and announcement, including: conformity assessment organizations; testing bodies; methods, procedures, processes, locations for receiving certification and announcement; issuance and revocation of conformity certificates and rights to use conformity marks; information on announcement activities.

g) Coordinate with relevant agencies to organize inspections and checks on conformity certification and announcement activities for products and goods that may cause safety risks under the management responsibility of the Ministry of Information and Communications.

h) Study and propose appropriate policies related to conformity certification and announcement to the Ministry of Information and Communications.

i) Summarize and report to the Ministry of Information and Communications the situation of implementing conformity certification and announcement work for products nationwide on a semi-annual basis or at any time upon request.

2. Provincial Departments of Information and Communications are responsible for:

a) Inspecting and checking the implementation of regulations on conformity certification and announcement by organizations and individuals within their jurisdiction and areas of responsibility.

b) Monitoring the use of conformity marks and maintaining the quality of products of organizations and individuals within their management area based on conformity announcements.

c) Identifying and reflecting issues regarding the management of conformity certification and announcement activities; reporting and proposing measures for local management enforcement to the Ministry of Information and Communications.

Article 28. Guidance on Implementation

1. This Circular takes effect from January 1, 2012, and replaces Circular No. 06/2009/TT-BTTTT dated March 24, 2009, issued by the Minister of Information and Communications, which stipulates conformity certification and announcement for information technology and telecommunications products.

2. The Director of the Office, Heads of the Science and Technology Department, Telecommunications Department, Heads of agencies and units under the Ministry, Directors of Provincial Departments of Information and Communications, and related organizations and individuals are responsible for implementing this Circular.

3. During the implementation process, if difficulties arise, agencies, organizations, and individuals should promptly report them to the Ministry of Information and Communications for review and resolution./.