Circular No. 03/2013/TT-BTTTT dated January 22, 2013 of the Ministry of Information and Communications on application of standards and technical regulations for data centers

CIRCULAR

ON APPLICATION OF STANDARDS AND TECHNICAL REGULATIONS FOR DATA CENTERS

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

Pursuant to the Law on Information Technology dated June 29, 2006;

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

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

Pursuant to the Government s Decree No. 187/2007/ND-CP dated December 25, 2007, on defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications and the Government s Decree No. 50/2011/ND-CP dated June 24, 2011 on amending the Government s Decree No. 187/2007/ND-CP;

At the proposal of the Director of the Department of Science and Technology,

The Minister of Information and Communications hereby promulgates the Circular on application of standards and technical regulations for data centers,

Article 1. Scope of regulation

This Circular provides regulations on the applications of standards and technical regulations in the process of designing, building and operating, exploiting data centers in Vietnam.

This Circular only applies to data centers that are designed and built from the effective date of this Circular.

Article 2. Subjects of application

This Circular applies to State agencies that invest to build data centers using State budget fund (hereinafter referred to as agencies) and enterprises that build data centers to provide data center services (hereinafter referred to as enterprises).

Other organizations and individuals are encouraged to apply provisions prescribed in this Circular to design, build, operate and exploit of data center.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Data centermeans a construction work, including infrastructure (stations and cable system) and computer system, installed with auxiliary equipment to store, exchange and manage data of one or many organizations and individuals.

2. The technical assurance level of a data centermeans the decentralization of infrastructure of a data center station, which is determined in accordance with the TCVN 9250:2012.

Article 4. Applicable standards and technical regulations

Agencies and enterprises must apply the following standards and technical regulations when designing, building and operating, exploiting data centers:

1. National standards: Data centers - Telecommunications technical infrastructure requirement, code: TCVN 9250:2012;

2. National technical regulation on lightning protection for telecommunication stations and outside cable network, code: QCVN 32:2011/BTTTT;

3. National technical regulation on earthing of telecommunication stations, code: QCVN 9:2010/BTTTT;

4. National standards: Fire protection equipments for construction and building - Providing, installation, inspection, maintenance, code: TCVN 3890:2009;

5. Vietnam Building Code on Fire Safety of Buildings, code: QCVN 06:2010/BXD.

Article 5. Responsibilities of agencies and enterprises

1. For standards specified in Clause 1, Article 4 of this Circular, agencies and enterprises shall have the following responsibilities:

a) To announce the conformity of data centers with the defined standards and technical assurance level;

b) Order and procedures for the announcement shall comply with Article 6 of this Circular.

2. For technical regulations specified in Clauses 2 and 3, Article 4 of this Circular, agencies and enterprises shall have the following responsibilities:

a) To select the testing unit designated by the Ministry of Information and Communications to test data centers in accordance with technical regulations. Data centers shall be tested and applied the same technical regulations as telecommunication stations;

b) Based on testing results, to announce the conformity of data centers with technical regulations;

c) Order and procedures for the announcement shall comply with Article 6 of this Circular.

3. For standards and technical regulations specified in Clauses 4 and 5, Article 4 of this Circular, agencies and enterprises shall be responsible for ensuring the observance of regulations in force.

4. Agencies and enterprises may only put data centers into use after receiving the “Notice of approving the Announcement of standard and technical regulation conformity” of the managing agencies under order and procedures for announcement of standard and technical regulation conformity specified in Article 6 of this Circular.

5. Agencies and enterprises shall be responsible for implementing technical solutions to maintain and ensure the conformity of data centers with standards and technical regulations specified in Article 4 of this Circular during the operation and exploitation of data centers.

Article 6. Order and procedures for announcement of the conformity of data centers with standards and technical regulations

1. Agencies and enterprises shall send dossiers of standard and technical regulation conformity announcement by postal and courier service or directly submit to the Vietnam Telecommunications Authority according to the following address:

Vietnam Telecommunication Authority building, Yen Hoa ward, Cau Giay district, Hanoi.

2. Dossier quantity: 01 set.

3. Dossier components comprise:

a) Certified copies of documents proving legal status of agencies and enterprises, including one of the following documents: Business Registration Certificate; Decision/Permission for establishment; Investment Certification/Investment Permission;

b) Documents explaining about technical infrastructure of data centers;

c) Written announcement on the conformity with standards specified in Clause 1, Article 4 of this Circular of data centers (made according to forms provided in Appendix I attached to this Circular);

d) Written announcement on the conformity with technical regulations specified in Clauses 2 and 3, Article 4 of this Circular of data centers (made according to forms provided in Appendix II attached to this Circular);

dd) Testing results showing that data centers are in conformity with technical regulations specified in Clauses 2 and 3, Article 4 of this Circular and such results must be issued within one (01) year to the date of receiving sufficient dossiers as prescribed.

4. Within seven (07) working days from the date on which a dossier is received:

a) In case the dossier is approved, the Vietnam Telecommunications Authority shall grant a “Notice of approving the Announcement of standard and technical regulation conformity” (made according to forms provided in Appendix III attached to this Circular) to an agency or enterprise.

b) In case of refusal, the Vietnam Telecommunications Authority shall notify in writing to such agency or enterprise on inappropriate contents for completing and re-carrying out the announcement of standard and technical regulation conformity.

5. After being granted a “Notice of approving the Announcement of standard and technical regulation conformity”, an enterprise shall list the Announcement of standard and technical regulation conformity at its transaction offices and notify its customers about such conformity during the transaction.

Article 7. Responsibilities of managing agencies

1. The Vietnam Telecommunications Authority shall be responsible for:

a) Receiving and managing dossiers of standard and technical regulation conformity announcement of agencies and enterprises;

b) Publicizing lists of data centers already announced to be conformity with standards and technical regulations on its website;

c) Coordinating with relevant managing agencies in organizing the inspection and supervision of agencies and enterprises that fail to comply with this Circular.

2. Departments of Information and Communications shall be responsible for:

a) Inspecting and supervising the implementation of provisions on standards and technical regulations applicable to local data centers under their management;

b) Detecting and reporting issues relating the management of application of standards and technical regulations for data centers; reporting and proposing implementing and managing measures in areas to the Ministry of Information and Communications.

Article 8. Implementation provisions

1. This Circular takes effect on March 15, 2013.

2. Any difficulties and problems arising in the course of implementation should be promptly reported to the Ministry of Information and Communications (via the Department of Science and Technology) for consideration and settlement.

3. Chief of Office, Director of the Department of Science and Technology, Director of the Vietnam Telecommunications Authority, Heads of agencies and units under the Ministry of Information and Communications, relevant agencies and enterprises shall be responsible for the implementation of this Circular./.

* All Appendices are not translated herein.