CIRCULAR

Providing for conformity certification and conformity declaration for information and communications technology specialized products and goods

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THE MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Telecommunications dated 23 November 2009;

Pursuant to the Law on Radio Frequencies dated 23 November 2009;

Pursuant to the Law on Standards and Technical Regulations dated 29 June 2006;

Pursuant to the Law on Product and Goods Quality dated 21 November 2007;

Pursuant to Decree No. 127/2007/ND-CP dated 01 August 2007 detailing a number of articles of the Law on Standards and Technical Regulations;

Pursuant to Decree No. 132/2008/ND-CP dated 31 December 2008 detailing a number of articles of the Law on Product and Goods Quality;

Pursuant to Decree No. 25/2011/ND-CP dated 06 April 2011 detailing and guiding the implementation of a number of articles of the Law on Telecommunications;

Pursuant to Decree No. 187/2007/ND-CP dated 25 December 2007 defining the functions, duties, powers and organizational structure of the Ministry of Information and Communications, as amended and supplemented by Decree No. 50/2011/ND-CP dated 24 June 2011;

At the proposal of the Director General of the Vietnam Telecommunications Authority,

PROVIDES AS FOLLOWS:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular regulates conformity certification and conformity declaration activities for products and goods under the specialized management of the Ministry of Information and Communications, including telecommunications equipment, radio transmitting/receiving equipment, electronic equipment and information technology equipment, except equipment used for national defence and security purposes as prescribed by law.

Products covered by international treaties on mutual recognition of conformity certification and declaration to which Viet Nam is a member shall be governed by those treaties.

2. This Circular applies to Vietnamese and foreign organizations and individuals engaged in production and business activities involving the products referred to in Clause 1 of this Article within the territory of Viet Nam.

Article 2. Interpretation of terms

For the purposes of this Circular:

1. Conformity certification means confirmation that a product conforms to technical regulations issued by the Ministry of Information and Communications and/or standards mandatorily applied by the Ministry, in order to ensure compatibility in connection, safety of the national telecommunications network, information security, electromagnetic compatibility, efficient and economical use of radio frequency spectrum resources, safety for humans and the environment, and protection of users’ interests.

2. Conformity declaration means the declaration by an organization or individual to the State management authority and to consumers that a product conforms to the corresponding technical regulation after conformity assessment has been carried out.

3. Product testing means determination of one or more technical characteristics of a product according to the corresponding technical regulation.

4. A conformity certification organization means a public service technical unit assigned by the Ministry of Information and Communications to perform conformity certification.

5. A testing unit means a unit capable of testing the technical characteristics of products according to corresponding technical regulations.

6. A designated testing unit means a testing unit designated by the Ministry of Information and Communications to conduct testing serving conformity certification and declaration.

7. A recognized testing unit means a foreign testing unit recognized by the Ministry of Information and Communications under a mutual recognition arrangement.

8. An accredited testing unit means a testing unit accredited by a competent accreditation body as being capable of conducting testing serving conformity declaration.

Article 3. Nature of conformity certification and declaration

Conformity certification and declaration are compulsory activities for organizations and individuals producing or trading products subject to corresponding technical regulations, and serve the specialized quality management of products and goods before they are placed on the market.

Article 4. State management agencies for conformity certification and declaration

1. The Vietnam Telecommunications Authority is responsible for performing State management of conformity certification and declaration for ICT specialized products and goods nationwide.

2. Provincial Departments of Information and Communications shall coordinate with the Vietnam Telecommunications Authority in performing management of conformity certification and declaration in their localities.

Article 5. Testing units serving conformity certification and declaration

1. Testing units serving conformity certification shall be designated or recognized testing units.

2. Testing units serving conformity declaration shall be designated, recognized or accredited testing units.

3. Foreign testing units having adequate testing capacity may have their testing results recognized by the Vietnam Telecommunications Authority for conformity certification where domestic testing capacity is not yet available for the relevant tests.

4. Testing units are responsible before competent authorities for the accuracy of testing results. Testing results do not replace the Certificate of Conformity or the Conformity Declaration.

Article 6. Product lists and management methods

1. From time to time, the Ministry of Information and Communications issues the list of ICT specialized products and goods subject to compulsory conformity certification and declaration, and the list subject to compulsory conformity declaration, in line with State management policy.

2. For products on the list subject to compulsory conformity certification and declaration, producers or importers, except for the cases specified in Article 7, must conduct conformity certification under Chapter II, conformity declaration under Chapter III, and use the conformity mark under Chapter IV.

3. For products on the list subject to compulsory conformity declaration, producers or importers, except for the cases specified in Article 8, must conduct conformity declaration under Chapter III and use the conformity mark under Chapter IV.

Article 7. Cases exempt from conformity certification

Products on the list referred to in Clause 2 Article 6 are not required to undergo conformity certification in the following cases: products imported as accompanied goods or via cargo for personal use as prescribed by law, including electronic and IT equipment and fixed or mobile public land telecommunications terminal equipment for telecommunications and Internet services permitted in Viet Nam; products imported or domestically produced for display or exhibition, research and development samples, or samples for testing for conformity certification; and radio equipment of diplomatic missions, consular offices, international organizations, foreign high-level delegations entitled to diplomatic privileges and immunities, foreign journalists operating short-term in Viet Nam with a press permit, and amateur radio operators.

Article 8. Cases exempt from conformity declaration

Products on the lists referred to in Clauses 2 and 3 Article 6 are not required to undergo conformity declaration in the cases exempt from certification under Article 7, and where domestically produced or imported products are used by the producer or importer itself.

Article 9. Conformity certification for radio equipment

Conformity certification for radio equipment must be consistent with radio frequency master plans and must ensure requirements on emission quality, radio radiation safety and electromagnetic compatibility as prescribed by law. In addition to this Circular, radio equipment used in Viet Nam must have a radio frequency use licence.

Article 10. Costs of conformity certification and declaration

Organizations and individuals shall pay conformity certification costs and conformity declaration receiving fees in accordance with current law.

Chapter II

CONFORMITY CERTIFICATION

Article 11. Methods of conformity certification

1. The certification method for products must comply with the management provisions in the corresponding technical regulation.

2. The Vietnam Telecommunications Authority shall provide detailed guidance on the application of certification methods to specific subjects to ensure compliance with corresponding technical regulations.

Article 12. Certificate of Conformity

1. A Certificate of Conformity issued by a conformity certification organization is valid nationwide.

2. A Certificate of Conformity is issued for each product type and is valid for a maximum of three (03) years. During its validity, the holder may supply the certified product to the market without limitation on quantity.

3. The Certificate of Conformity follows the form in Appendix I.

Article 13. Procedures for conformity certification

1. Organizations and individuals prepare one (01) dossier requesting conformity certification under Clause 1 Article 14 and submit it to a conformity certification organization.

2. The certification organization shall assess and issue the Certificate of Conformity within ten (10) working days from receipt of a complete and valid dossier. If certification is refused, the organization must notify the applicant in writing and state the reasons.

3. In special cases requiring a longer assessment period, the certification organization must notify the applicant in writing of the reason. The maximum period for assessment and issuance is thirty (30) working days from receipt of a complete and valid dossier.

Article 14. Dossier requesting conformity certification and place of receipt

1. The dossier includes: a written request for certification using the form in Appendix II; certified copy of legal status documents such as business registration certificate, establishment decision/licence, investment certificate/licence, identity card or passport; product testing results from a competent testing unit under Article 5, issued within two (02) years up to the date of receipt of a complete valid dossier; technical documents showing product name, model, technical information, external photos and manufacturer; and other relevant documents according to the certification method.

2. Dossiers are received at the headquarters of conformity certification organizations.

Chapter III

CONFORMITY DECLARATION

Article 15. Methods of conformity declaration

1. For products on the list under Clause 2 Article 6, organizations and individuals must register the Conformity Declaration using Appendix III after obtaining a Certificate of Conformity issued by a conformity certification organization.

2. For products on the list under Clause 3 Article 6, organizations and individuals must register the Conformity Declaration after self-assessing conformity on the basis of testing results from a testing unit specified in Clause 2 Article 5.

Article 16. Process and procedure for registration of conformity declaration

Organizations and individuals prepare one (01) dossier under Clause 1 Article 17 and submit it to the conformity declaration receiving agency. Within seven (07) working days from receipt of a complete and valid dossier, the receiving agency issues a Notice of Receipt of the Conformity Declaration using Appendix IV. If the declaration is not accepted, the agency must notify the applicant in writing of unsuitable contents for completion and re-registration.

Article 17. Conformity declaration dossier and place of receipt

1. The dossier includes: Conformity Declaration; certified copy of legal status documents; sample conformity mark used for the product; valid copy of Certificate of Conformity where declaration is made under Clause 1 Article 15; or testing results, technical documents, product name/model/technical information/external photos/manufacturer where declaration is made under Clause 2 Article 15.

2. The Vietnam Telecommunications Authority shall provide detailed guidance on the process, procedure and place for receiving conformity declaration dossiers.

Chapter IV

USE OF CONFORMITY MARK

Article 18. Use of conformity mark

The conformity mark indicates product conformity with the corresponding technical regulation. Depending on the declaration method, the mark is used according to Appendix V for products subject to certification and declaration, or Appendix VI for products subject to declaration. The mark may be used only after its sample has been registered with the receiving agency; if the mark is non-conforming, the agency shall request correction within ten (10) working days.

Article 19. Presentation of conformity mark

The conformity mark may be enlarged or reduced but must keep the correct ratio and be visually identifiable. Its colour is chosen by the organization or individual but must be single-colour, clear, visible and durable. No extra characters, images or patterns may be printed inside the mark. The mark may be printed, affixed or stuck directly on the product, package or product label in an easily visible and readable place, and may also appear in technical documents.

Article 20. Management of conformity mark

Organizations and individuals using the mark must comply with this Circular and are responsible for its accuracy. Holders of certified products must keep records and report mark use periodically or upon request; report changes to the registered mark sample; and correct the mark upon written request of the receiving agency. The Vietnam Telecommunications Authority provides detailed guidance on mark management.

Chapter V

MANAGEMENT OF PRODUCTS AFTER CERTIFICATION AND DECLARATION

Article 21. Responsibilities of organizations and individuals

Products on the list under Clause 2 Article 6 may be placed on the domestic market only after certification, conformity declaration and affixing of the conformity mark. Products on the list under Clause 3 Article 6 may be placed on the domestic market only after declaration and affixing of the mark. Products in exemption cases under Articles 7 and 8 must not be supplied to the domestic market. Producers and traders must maintain product quality as certified or declared and are legally responsible for each product supplied. If non-conformity is detected, they must notify the authority, take corrective measures, suspend circulation and recall products where necessary, and notify the authority of the corrective results before resuming circulation.

Article 22. Re-issuance of Certificate of Conformity

Certification procedures must be re-conducted where product name, model or version changes; technical design changes affect technical parameters; applicable technical regulations or radio frequency plans change; the certificate expires; or the certificate has been cancelled after causes of cancellation are remedied. Re-issuance follows Chapter II.

Article 23. Withdrawal of Certificate of Conformity and right to use the mark

The certification organization shall withdraw and cancel the Certificate of Conformity and right to use the conformity mark where supervision shows that the product does not conform to the certified technical regulation, or where the holder fails to comply with certification and mark-use regulations. The holder must return the original certificate and cease using the mark.

Article 24. Re-declaration of conformity

Organizations and individuals must re-conduct conformity declaration when any content of the registered declaration changes. The procedure follows Chapter III.

Article 25. Record keeping and reporting

Organizations and individuals must keep dossiers and present them to competent State authorities upon request. Retained dossiers include the registered Conformity Declaration, Notice of Receipt, Certificate of Conformity where applicable, product testing results and used conformity mark samples. Certification organizations must keep monitoring records and report certification activities and mark codes to the Vietnam Telecommunications Authority every six (06) months in the first week of Quarter I and Quarter III or upon request, using Appendix VII.

Article 26. Supervision by conformity certification organizations

Supervision aims to inspect and monitor use of the conformity mark and maintenance of quality for certified products. Depending on the certification method, the certification organization prepares a supervision plan and content, reports it to the Vietnam Telecommunications Authority and conducts periodic supervision at least once every twelve (12) months or ad hoc supervision upon request of competent authorities or consumer complaints. Producers and traders of certified products must cooperate in supervision.

Chapter VI

IMPLEMENTATION

Article 27. Responsibilities of management agencies

The Vietnam Telecommunications Authority shall guide and inspect certification organizations and relevant parties; guide methods, processes and procedures; issue and guide supervision procedures; guide application of changes to technical regulations and radio frequency plans; recognize foreign testing units and publish the list; publish information on certification and declaration on its website; coordinate inspection and examination of certification and declaration for potentially unsafe products and goods under the Ministry’s management; propose policies; and report to the Ministry every six (06) months or upon request. Provincial Departments of Information and Communications shall inspect and examine local compliance, supervise mark use and quality maintenance, identify management issues and report/propose handling to the Ministry and the Vietnam Telecommunications Authority.

Article 28. Implementation guidance

This Circular takes effect from 01 January 2012 and replaces Circular No. 06/2009/TT-BTTTT dated 24 March 2009 on conformity certification and declaration for ICT specialized products. The Chief of Office, Director of the Department of Science and Technology, Director General of the Vietnam Telecommunications Authority, heads of agencies and units under the Ministry, Directors of Departments of Information and Communications and relevant organizations and individuals are responsible for implementation. Difficulties arising during implementation should be promptly reported to the Ministry of Information and Communications for consideration and settlement.

APPENDICES

Appendix I – Form of Certificate of Conformity: includes the certificate number, legal basis, name and address of the certified organization or individual, product name, manufacturer, applied technical regulation, certificate validity, management code and signature/seal of the issuing certification organization.

Appendix II – Form of written request for conformity certification: includes applicant information, product information, conformity certification method, list of attached documents and commitment to ensure conformity of products supplied to the market.

Appendix III – Form of Conformity Declaration: includes declaring organization/individual, product information, applied technical regulation, conformity assessment basis, responsibility commitment and signature/seal.

Appendix IV – Form of Notice of Receipt of Conformity Declaration: issued by the receiving agency, confirming receipt of the registered conformity declaration for the product and noting the responsibility of the organization/individual to maintain conformity and use the mark correctly.

Appendix V – Conformity mark for products subject to compulsory certification and declaration: the mark shows ICT, management code issued by the certification organization, registered management name, shape and basic dimensions.

Appendix VI – Conformity mark for products subject to compulsory declaration: the mark shows ICT and registered management name, shape and basic dimensions.

Appendix VII – Form of report on conformity certification activities: used by certification organizations to report certified organizations/individuals, products, technical regulations, certificates, mark codes, validity periods, withdrawn or expired certificates and proposals.

Reference note: This English full-text section is a professional reference translation prepared for website users. It is not an official legal translation. For legal application and dossier submission, the Vietnamese original and currently effective amended/consolidated documents must be checked.