Circular 10/2020/TT-BTTTT amending Circular 30/2011/TT-BTTTT

CIRCULAR

On amending and supplementing a number of content of the Circular No. 30/2011/TT-BTTTT dated October 31, 2011 of the Minister of Information and Communications on certification and declaration of conformity of information technology and communications commodities

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

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

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

Pursuant to the Law on Quality of Products and Goods dated November 21, 2007;

Pursuant to the Government s Decree No. 127/2007/ND-CP dated August 01, 2007 on guidelines for some Articles of the Law on Technical Standards and Regulations; Government’s Decree No. 78/2018/ND-CP dated May 16, 2018 on amendments to some Articles of the Government’s Decree No. 127/2007/ND-CP dated August 01, 2008 on guidelines for some Articles of the Law on Technical Standards and Regulations;

Pursuant to the Government s Decree No. 132/2008/ND-CP dated August 01, 2007 on guidelines for some Articles of the Law on Quality of Products and Goods; Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 on amendments to some Articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 on guidelines for some Articles of the Law on Quality of Products and Goods;

Pursuant to the Government s Decree No. 25/2011/ND-CP of April 6, 2011, detailing and guiding a number of articles of the Law on Telecommunications;

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

At the proposal of the Director of Vietnam Telecommunications Authority;

The Minister of Information and Communications hereby promulgates a Circular on amending and supplementing a number of content of the Circular No. 30/2011/TT-BTTTT dated October 31, 2011 of the Minister of Information and Communications on certification and declaration of conformity of information technology and communications commodities.

Article 1. To amend and supplement a number of content of the Circular No. 30/2011/TT-BTTTT dated October 31, 2011 of the Minister of Information and Communications on certification and declaration of conformity of information technology and communications commodities as follow:

1. To amend Clause 4 and supplement Clause 9 Article 2 as follow:

“4. Regulation conformity certification organization means an organization assigned by the Ministry of Information and Communications to carry out the certification of commodities in the List of potentially unsafe product and goods under the management of the Ministry of Information and Communications.

9. Lottery is the collection of a type of commodities which determined in quantity, had the same name, utility, branch, kind, technical feature, from the same manufacture facility, same origins and defined in the same import dossier.”

2. To amend Article 11 as follow:

“Article 11. Methods for conformity certification

1. Conformity shall be certified according to one of the three methods mentioned in Article 5 of the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Ministry of Science and Technology on standard conformity announcement, regulation conformity announcement and methods of assessment for standards and technical regulations conformity as follow:

- Method 1: Test on representative sample

- Method 5: Test on representative sample and assess the manufacturing process; carry out supervision by testing the sample collected from the manufacturing location or on the market in association with assessment of the manufacturing process.

- Method 7: Test and assess the batch of product and goods.

2. Principles of application:

a) Method 1: Used in issuance of the Regulation conformity certificates for product and goods manufactured in the producing line which have been granted the certificate of quality management system (ISO 9001 or similarity).

b) Method 5: Used in issuance of the Regulation conformity certificates for product and goods manufactured in the producing line which have not been granted the certificate of quality management system (ISO 9001 or similarity) but have the procedure of producing and supervising for quality assurance to assess.

c) Method 7: Use in granting regulation conformity certificates for products and good which cannot use Method 1 or Method 5.

3. Certificate method must be expressed on the regulation conformity certificates and be the basis for determination of the regulation conformity certificates’ scope, method of supervising for quality assurance of products and goods after certificated.

3. To amend Article 16 as follow:

“Article 16. Procedures for submission of declarations of conformity

1. Regarding domestically manufactured products and goods:

a) Organizations, individuals shall prepare documents for registration of declaration of conformity as specified in Clause 1 Article 17 this Circular and submit one (01) to the receipt place as prescribed in Clause 3 Article 17 of this Circular.

b) Dossier handle

b.1. Regarding the documents for registration of declaration of conformity that fail to be prepared as prescribed in Clause 1 Article 17 of this Circular, within two (02) working days from the receipt of such documents, Vietnam Telecommunications Authority shall request the declarant in writing to provide additional documents. Within fifteen (15) working days from the date on which additional documents are requested in writing by Vietnam Telecommunications Authority, if additional documents are not provided as prescribed, the documents for registration of declaration of conformity shall be rejected.

b.2. Regarding documents for registration of declaration of conformity about declaration of conformation that are prepared as prescribed in Clause 1 Article 17 of this Circular, within five (05) working days from the receipt of such documents, Vietnam Telecommunications Authority shall verify their validity:

b.2.1. If the documents for registration of declaration of conformity are satisfactory, Vietnam Telecommunications Authority shall give a notification of receipt of documents for registration of declaration of conformity to the declarant (using the form in the Appendix No. 3 attached to this Circular).

If the documents for registration of declaration of conformity are unsatisfactory, Vietnam Telecommunications Authority shall respond and provide explanation in writing in case of rejection.

c) The effective period of the notification of receipt of the declaration of conformity is:

c.1. a) Within three (03) years from the date of signature (if the declaration of conformity is submitted according to Point a Clause 2 Article 4 of the Decree No. 132/2008/ND-CP dated December 31, 2008 amended by Clause 2 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018).

c.2. The same as that of the certificate of conformity or within three (03) years from the date of signature (if the declaration of conformity is submitted according to Point b Clause 2 Article 4 of the Decree No. 132/2008/ND-CP dated December 31, 2008 amended by Clause 2 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018).

d) Regarding commodities that are exempt from declaration of conformity as prescribed in Clause 2 Article 8 of this Circular, the importer shall send a document about use purposes of such commodities to Vietnam Telecommunications Authority and is not required to submit the dossier for registration of declaration of conformity.

2. Regarding imported products and goods:

a) The import organization or individual shall declare or prepare an application for registration of inspection of quality of imports as prescribed in Point a Clause 2a Article 7 of the Decree No. 132/2008/ND-CP dated December 31, 2008 added by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018 and the Decree No. 154/2018/ND-CP dated November 09, 2018 and submit one (01) to the documents receipt place as prescribed in Clause 3 Article 17 of this Circular or at the National single window portal.

b) Within fifteen (15) working days from the customs clearance, organizations, individuals must complete the documents as prescribed in Clause 2 Article 17 of this Circular and submit one (01) documents to Vietnam Telecommunications Authority according to the receipt place as prescribed in Clause 3 Article 17 this Circular.

c) Regarding commodities that are exempt from declaration of conformity as prescribed in Clause 2 Article 8 of this Circular, the importer shall send a document about use purposes at the time of quality testing registration of such commodities to Vietnam Telecommunications Authority and is not required to comply with Point b of this Clause.”

4. To amend Article 17 as follow:

“Article 17. Dossiers of request for regulation conformity announcement and places of dossier receipt

1. Dossiers of request for regulation conformity announcement regarding domestically manufactured products and goods:

a) Declaration of conformity as prescribed in Appendix III this Circular.

b) If the organization has not had an enterprise ID or the individual has not had a PIN, the application for conformity certification shall include in the dossier for registration of declaration of conformity a certified true copy of one of the following:

b.1. Business registration certificate; Establishment decision/license, Investment certificate/license (if the organization has not had an enterprise ID number);

b.2. ID card/passport (if the individual has not had a PIN number).

The declarant shall only submit such documents when registering declaration of conformity for the first time or when making any change to the above mentioned documents.

c) Specimen of the conformity mark in case of registering declaration of conformity for the first time or making any change to the specimen of the conformity mark.

d) In case products or goods are included in the list specified in point a Clause 1 Article 6 of this Circular, the copy of the certificate of conformity shall be issued to manufacture organization, individual.

dd) In case products or goods are included in the list specified in point b Clause 1 Article 6 of this Circular:

dd.1. A self-assessment report includes:

- Name of the organization/individual; address; telephone; fax;

- Name of the commodity;

- Manufacturer branch.

- Technical regulation number;

- Number and date of the test report granted. The test report must be provided to the organization and individual carry out self - assessment by the testing units operating in regulation conformity announcement as prescribed in Clause 2 Article 5 this Circular.

- A conclusion that the commodity complies with technical regulations.

- A commitment that quality of the commodity complies with to applicable technical regulations and standards and the organization/individual is responsible to the law for commodity quality and self-assessment result.

Self-assessment report made according to the organization s or individual’s self-assessment result or result of regulation conformity.

dd.2. Vietnamese or English technical documentation, which sufficiently specifies name, code, specifications and photographs of the product, and manufacturer;

2. Dossier for registration of declaration of conformity regarding imported products and goods:

a) Specimen of the conformity mark in case of registering declaration of conformity for the first time or making any change to the specimen of the conformity mark.

b) In case domestically manufactured products or imports are included in the list specified in Point a Clause 1 Article 6 of this Circular: The copy of the certificate of conformity shall be issued to the importing organization, individual or the copy of the certificate of conformity shall be issued to the manufacturer attached to the documents of the manufacturer or the representative of the manufacture in Vietnam submit to Vietnam Telecommunications Authority on using of the regulation conformity certificates with the following information: Name, address, enterprise ID number of importing organizations, product and goods code (this documents shall only requested to submit once or up on change in its contents)

c) In case products or goods are included in the list specified in point b Clause 1 Article 6 of this Circular:

c.1. The Self-assessment report made by the importing organization, individual or the true copy of the self-assessment report made by the manufacturer attached to the documents of the manufacturer or the representative of the manufacture in Vietnam submit to Vietnam Telecommunications Authority on using of the self-assessment report shall include the following information: Name, address, enterprise ID number of importing organizations, product and goods code (this documents shall only requested to submit once or up on change in its contents). A self-assessment report includes:

- Name of the organization/individual; address; telephone; fax;

- Name of the commodity;

- Manufacturer branch.

- Technical regulation number;

- Number and date of the test report granted. The test report must be provided to the organization and individual carry out self - assessment by the testing units operating in regulation conformity announcement as prescribed in Clause 2 Article 5 this Circular.

- A conclusion that the commodity complies with technical regulations.

- A commitment that quality of the commodity complies with to applicable technical regulations and standards and the organization/individual is responsible to the law for commodity quality and self-assessment result.

Self-assessment report made according to the organization s or individual’s self-assessment result or result of regulation conformity.

c.2. Vietnamese or English technical documentation, which sufficiently specifies name, code, specifications and photographs of the product, and manufacturer;

3. The dossier’s receipt places:

Organization, individual shall submit the dossier in one of the following places:

a) Submit online via the public services portal of the state authority (The public service portal of Vietnam Telecommunications Authority, the public service of the Ministry of Information and Communications).

b) Submit directly or by post to Vietnam Telecommunications Authority (Address: No. 68, Duong Dinh Nghe Street, Yen Hoa Ward, Cau Giay District, Hanoi).”

5. To amend Clause 3 Article 18 as follow:

“3. The organization, individual shall only allowed to use the regulation conformity seal after register at Vietnam Telecommunications Authority.  In case the regulation conformity seal is inappropriate, within three (03) working days, Vietnam Telecommunications Authority shall issue the document to request the organization, individual to modify the seal in accordance with regulations.”

6. To amend and supplement Clause 1 Article 24 as follow:

“1. The organization, individual shall have to carry out re - announcement of regulation conformity on the following cases:

a) Changes to technical design of the products and goods granted the certificate results in changes to its technical specifications;

b) Content of the dossier for registration of regulation conformity announcement changed.

c) The regulation conformity certificates expired.”

7. The “Form for conformity certification” in the Appendix I is replaced with the Form No. 01 in the Appendix enclosed with this Circular.

8. The “Report on regulation conformity implementation” in the Appendix VI is replaced with the Form No. 02 in the Appendix enclosed with this Circular.

9. To repeal Article 3, Article 9, Article 13, Article 14, Article 22, Article 26, point c and e Clause 1 Article 27 and the “Application form for conformity certification” at the Appendix II.

Article 2. Organization of implementation

The General Director of Vietnam Telecommunications Authority, the Director of state management agency on Information and Communications in provinces and central affiliated cities, provinces and central affiliated cities and relevant organizations and individuals are responsible for the implementation of this Circular.

Article 3. Effect

1. This Circular takes effect on July 01, 2020.

2. To repeal Clause 5, Clause 7, Clause 9, Clause 10 and Clause 12 Article 1 of the Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amending and supplementing a number of content of the Circular No. 30/2011/TT-BTTTT dated October 31, 2011 of the Minister of Information and Communications on certification and declaration of conformity of information technology and communications commodities.

3. Regulation conformity certificates, the Notification of receipt of the declaration of conformity granted before the effective date of this Circular and currently be in force shall be apply until the effectiveness of such document expired.

4. Responsibility for implementation

Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Information and Communications (Vietnam Telecommunications Authority) for consideration./.

The Minister

Nguyen Manh Hung

APPENDIX

(Enclosed with the Circular No. 15/2020/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications)

Form No. 01

GIẤY CHỨNG NHẬN HỢP QUY

TYPE APPROVAL CERTIFICATE

No. ……….

No: ………

(TÊN TỔ CHỨC CHỨNG NHẬN HỢP QUY)

(Name of Certification Body)

CHỨNG NHẬN

It is to certify that

Sản phẩm: ………………………………

Product

Ký hiệu: …………………………………..

Model

Hãng, nơi sản xuất: …………………………..

Manufacturer, place of manufacturing

Đơn vị được cấp: ………………………….

Certificate Holder

Phù hợp quy chuẩn kỹ thuật, tiêu chuẩn: ....................................

Complies with

Giấy chứng nhận hợp quy này được cấp trên cơ sở Kết quả đo kiểm số .... ngày .... của .................

Methods for conformity certification

The Certificate is in reference to Test report No:    dated:        by: ...

Certification system:

Hiệu lực của Giấy chứng nhận:

Validity of the certificate:

- Cho lô hàng số.... /for lottery No:...(1)

- Từ ngày .../.../.... đến ngày .../ .../...from …/…/… to .../.../...(2)

Thông tin về hiệu lực của Giấy chứng nhận được cập nhật tại website: vnta.gov.vn

Information about the validity of the certificate is update on the website: vnta.gov.vn

__________________________________________

- Note (1): This information shall only express in case of apply Method 7 of conformity and shall not express in case of apply Method 1 and Method 5 of conformity.

- Note (2): This information shall only express in case of apply Method 1 and Method 5 of conformity and shall not express in case of apply Method 7 of conformity.

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Form No. 02

REPORT ON REGULATION CONFORMITY CERTIFICATION IMPLEMENTATION

- From ..../.... to .../

To: Vietnam Telecommunication Authority

1. Name of the conformity certification organization:...........................

2. Address:...........................................................................................

Telephone:................... Fax:.......................... E-mail:..........................

3. Operation situation:

(name of the conformity certification organization)...report on regulation conformity certification implementation and granting the code of conformity seal from ..../.... to .../... as follow:

a) Granted, renew, amended and supplemented regulation conformity certificates:

b) Suspended, canceled Regulation conformity certification:

c) Management code of the conformity seal of the products and goods which is compulsory to register for conformation and conformity announcement granted:

4. Suggestions and proposals:..............................................................