Circular 07/2020/TT-BTTTT inspection of telecommunications equipment and radio stations

CIRCULAR

On inspection of telecommunications equipment and radio stations^[1]

THE MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the November 23, 2009 Law on Telecommunications;

Pursuant to the November 23, 2009 Law on Radio Frequency;

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

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

Pursuant to the Government’s Decree No. 25/2011/ND-CP of April 6, 2011, detailing and guiding the implementation of a number of articles of the Law on Telecommunications; Decree No. 81/2016/ND-CP of July 1, 2016, amending and supplementing a number of articles of the Government’s Decree No. 25/2011/ND-CP; and Decree No. 49/2017/ND-CP of April 24, 2017, amending and supplementing Article 15 of the Government’s Decree No. 25/2011/ND-CP and Article 30 of the Government’s Decree No. 174/2013/ND-CP of November 13, 2013, on sanctioning of administrative violations in the fields of post, telecommunications, information technology, and radio frequency;

Pursuant to the Government’s Decree No. 127/2007/ND-CP of August 1, 2007, detailing a number of articles of the Law on Standards and Technical Regulations; Decree No. 67/2009/ND-CP of August 3, 2009, amending a number of articles of the Government’s Decree No. 127/2007/ND-CP, and Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality; and Decree No. 78/2018/ND-CP of May 16, 2018, amending and supplementing a number of articles of the Government’s Decree No. 127/2007/ND-CP of August 1, 2007, detailing a number of articles of the Law on Standards and Technical Regulations;

Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality; and Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services;

Pursuant to the Government’s Decree No. 17/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

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

The Minister of Information and Communications promulgates the Circular on inspection of telecommunications equipment and radio stations.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Circular prescribes the inspection of telecommunications equipment and radio stations.

2. This Circular applies to organizations and enterprises managing and operating telecommunications equipment and radio stations on the List of telecommunications equipment and radio stations subject to compulsory inspection (below referred to as organizations and enterprises).

3. Organizations and enterprises are encouraged to inspect telecommunications equipment and radio stations outside the List of telecommunications equipment and radio stations subject to compulsory inspection under this Circular.

Article 2.Interpretation of terms

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

1. Telecommunications equipment subject to compulsory inspection means network devices and charge metering devices on the List of telecommunications equipment and radio stations subject to compulsory inspection.

2. Radio station subject to compulsory inspection means a radio device or a combination of radio devices, including also auxiliary devices, on the List of telecommunications equipment and radio stations subject to compulsory inspection, which is used for radio operations.

3. Inspection of telecommunications equipment and radio stations (below referred to as inspection) means testing and certification of conformity of telecommunications equipment and radio stations with national technical regulations. The inspection neither substitutes nor reduces the responsibility of organizations and enterprises for quality and safety of telecommunications equipment and radio stations in accordance with law.

4. Certification of telecommunications equipment and radio stations means appraisal and grant of certificates of inspection of conformity of telecommunications equipment and radio stations with national technical regulations (below referred to as inspection certificates).

5. Supervision of telecommunications equipment and radio stations granted inspection certificates (below referred to as supervision) means consideration and comparison of practical conditions of telecommunications equipment and radio stations with inspection and testing dossiers in case such telecommunications equipment and radio stations are likely to cause exposure to electromagnetic fields.

Article 3.Inspection bodies

Bodies that conduct inspection of telecommunications equipment and radio stations (below referred to as inspection bodies) are technical service-providing non-business units under state management agencies which fully satisfy conditions for provision of inspection services in accordance with law and are assigned to carry out inspection by the Ministry of Information and Communications.

Article 4.Telecommunications equipment and radio station testing units

Telecommunications equipment and radio station testing units (below referred to as testing units) are units that are established and granted certificates of registration for provision of product and goods quality testing services in accordance with law and assigned to carry out the testing of telecommunications equipment and radio stations by the Ministry of Information and Communications.

Article 5.List of telecommunications equipment and radio stations subject to compulsory inspection

The Ministry of Information and Communications shall promulgate the List of telecommunications equipment and radio stations subject to compulsory inspection in conformity with policies, management requirements and practical development of telecommunications infrastructure in each period.

Chapter II

INSPECTION CONTENTS AND PROCEDURES

Article 6.Cases of inspection

1. First-time inspection:

For telecommunications equipment and radio stations on the List of telecommunications equipment and radio stations subject to compulsory inspection: Before putting telecommunications equipment and radio stations into operation and use, organizations and enterprises shall carry out inspection according to the procedures specified in Article 7 of this Circular;

2. Re-inspection:

a/ For telecommunications equipment and radio stations already inspected: At least sixty (60) days before the expiry date indicated in inspection certificates, organizations and enterprises shall carry out re-inspection according to the procedures specified in Article 7 of this Circular.

b/ For telecommunications equipment and radio stations already inspected: When there are changes in their technical specifications beyond the law-prescribed allowable limits or changes of surrounding construction works, leading to exposure to electromagnetic fields, inspection certificates of such telecommunications equipment or radio stations will become invalid. In this case, organizations and enterprises shall cease operation, remedy unconformities, and carry out re-inspection of telecommunications equipment or radio stations according to the procedures specified in Article 7 of this Circular;

c/ For telecommunications equipment and radio stations that have been inspected and have their allowable safety limits indicated in inspection certificates: When there are changes in their technical specifications within the law-prescribed allowable limits, organizations and enterprises are not required to carry out re-inspection but shall be held responsible for the safety of telecommunications equipment and radio stations.

3. Extraordinary inspection:

Extraordinary inspection shall be carried out at the request of competent state agencies, after incidents are completely remedied, or on demand of organizations and enterprises managing and operating telecommunications equipment and radio stations.

Article 7.Procedures for inspection and grant of inspection certificates

1. A dossier of request for inspection and grant of inspection certificates must comprise:

a/ A request for inspection, made according to the form provided in Appendix 1 to this Circular;

b/ A testing result sheet issued by a testing unit prescribed in Article 4 of this Circular;

c/ Descriptions and use instructions of to-be-inspected telecommunications equipment or radio station (in case of first-time inspection).

2. Place of dossier receipt: Requesters may submit dossiers directly at head offices of inspection bodies, send dossier by post to inspection bodies or send online via public service portals.

3. Within five (5) working days after an organization or enterprise submits a complete and valid dossier as prescribed in Clause 1 of this Article, the dossier-receiving inspection body shall notify the former in writing of the receipt of the dossier prescribed in Clause 1 of this Article and of the amount of charge for appraisal of conditions for operation of the telecommunication equipment or radio stations (below referred to as appraisal charge).

4. Within thirty (30) days after the organization or enterprise pays an appraisal charge amount under Article 9 of this Circular, the inspection body shall carry out the appraisal and grant an inspection certificate.

5. If detecting unconformities during the appraisal, the inspection body shall notify such in writing to the organization or enterprise, stating unconformities. Within twenty (20) days after obtaining the inspection body’s notice, the enterprise or organization shall take remedies, and re-submit a dossier to the inspection body for the latter to carry out appraisal and grant an inspection certificate within ten (10) days. In case the organization or enterprise fails to take remedies and re-submit a dossier within the prescribed time limit, the inspection body may refuse to continue appraisal without having to refund the appraisal charge amount but shall notify such in writing to the former.

6. Within thirty (30) days after telecommunications equipment and radio stations are granted inspection certificates, organizations and enterprises shall post up copies of these certificates at noticeable positions outside telecommunications equipment and radio station buildings.

Article 8.Supervision of telecommunication equipment and radio stations already granted inspection certificates

1. Inspection bodies shall supervise and coordinate with state management agencies in supervising telecommunication equipment and radio stations already granted inspection certificates when they are put into operation and use.

2. Inspection bodies shall notify state management agencies if detecting that telecommunication equipment and radio stations already granted inspection certificates no longer conform with national technical regulations.

Article 9.Appraisal charge

1. Organizations and enterprises shall pay appraisal charge to inspection bodies within fifteen (15) days after inspection bodies issue a notice thereof. In case organizations and enterprises fail to pay appraisal charge within the prescribed time limit, inspection bodies may refuse to carry out appraisal but shall notify such in writing to organizations and enterprises.

2. Appraisal charge for telecommunications equipment and radio stations on the List of telecommunications equipment and radio stations subject to compulsory inspection must comply with the Ministry of Finance’s regulations.

3. In case of appraisal on demand of organizations or enterprises for telecommunications equipment and radio stations outside the List of telecommunications equipment and radio stations subject to compulsory inspection, appraisal expenses shall be agreed upon between inspection bodies and organizations or enterprises.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 10.Responsibility to perform state management of inspection work

1. The Vietnam Telecommunications Authority shall:

a/ Guide provincial-level Information and Communications Departments, inspection bodies and related organizations and enterprises in implementing this Circular;

b/ Inspect and examine the observance of inspection regulations by organizations, enterprises, and inspection bodies nationwide;

c/ Develop a national database on inspection work;

d/ Publicize on its website information on inspection bodies;

dd/ Summarize and report on inspection work nationwide to the Ministry of Information and Communications;

e/ Study and propose to the Ministry of Information and Communications appropriate policies relating to inspection work.

2.  State management agencies in charge of information and communications in provinces and centrally run cities (below referred to as provincial-level Information and Communications Departments) shall:

a/ Regularly monitor the inspection work in localities under their management and information updated on the Vietnam Telecommunications Authority’s website;

b/ Inspect and examine the observance of inspection regulations by organizations and enterprises in localities under their management;

c/ Detect and report problems related to inspection of telecommunications equipment and radio stations, and report and propose handling measures to the Ministry of Information and Communications.

Article 11.Responsibilities of inspection bodies

1. To carry out appraisal, grant, supervise and revoke inspection certificates under regulations.

2. To develop databases for online updating of testing results of telecommunications equipment and radio stations of testing units.

3. To publicize on their websites inspection-related contents, including inspection dossier forms; process of appraisal and grant of inspection certificates; and information about telecommunications equipment and radio stations already granted inspection certificates, suspended from operation, having their inspection certificates revoked, or ineligible for grant of inspection certificates.

4. To be held responsible before law for appraisal results and grant of inspection certificates.

5. To develop databases on telecommunications equipment and radio stations already inspected.

6. To quarterly summarize and report in writing or by electronic means on the inspection of telecommunications equipment and radio stations to the Vietnam Telecommunications Authority.

7. To report inspection-related contents at the request of competent agencies.

Article 12.Responsibilities of organizations and enterprises

1. To comply with provisions on inspection of this Circular and other relevant documents.

2. To maintain and ensure the conformity of telecommunications equipment and radio stations with national technical regulations after they are inspected.

3. In the course of using telecommunications equipment and radio stations, if detecting unconformities with relevant national technical regulations:

a/ To promptly remedy such unconformities, and cease operation of  telecommunications equipment and radio stations in the case specified at Point b, Clause 2, Article 6 of this Circular;

b/ Report unconformities and results of conformity remediation to provincial-level Information and Communications Departments managing localities where telecommunications equipment and radio stations are located.

4. To submit to inspection and examination, and make reports on inspection work at the request of the Ministry of Information and Communications (the Vietnam Telecommunications Authority), and provincial-level Departments of Information and Communications.

Article 13.Transitional provisions

Inspection bodies shall continue inspecting telecommunications equipment and radio stations which, by the effective date of this Circular, have not yet been inspected though appraisal charge has been paid under inspection regulations effective at the time of payment of appraisal charge.

Article 14.Effect

This Circular takes effect on June 1, 2020, and annuls the Minister of Information and Communications’ Circular No. 16/2011/TT-BTTTT of June 30, 2011, on inspection of telecommunications equipment and radio stations.

Article 15.Implementation responsibility

1. The Director of the Vietnam Telecommunications Authority and heads of agencies and units under the Ministry of Information and Communications, directors of provincial-level Information and Communications Departments, inspection bodies, heads of related organizations and enterprises, and related individuals shall implement this Circular.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Information and Communications and the Vietnam Telecommunications Authority for consideration and settlement.-

Minister of Information and Communications
NGUYEN MANH HUNG

* The Appendices to this Circular are not translated.