Circular 11/2020/TT-BTTTT lists of potentially unsafe products and goods

CIRCULAR

Prescribing the lists of potentially unsafe products and goods under the management of the Ministry of Information and Communications^[1]

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

Pursuant to the November 23, 2009 Law on Telecommunications;

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

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

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 the Government’s 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. 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 Department of Science and Technology,

The Minister of Information and Communications promulgates the Circular prescribing the lists of potentially unsafe products and goods under the management of the Ministry of Information and Communications.

Article 1.Scope of regulation

1. This Circular prescribes the lists of potentially unsafe products and goods under the management of the Ministry of Information and Communications (below referred to as the lists of group-2 products and goods) and principles of management of group-2 products and goods.

2. This Circular only applies to products and goods described in the lists of group-2 products and goods.

Article 2.Subjects of application

This Circular applies to:

1. Organizations and individuals engaged in production of and trading in products and goods on the lists of group-2 products and goods in Vietnam.

2. Organizations and individuals carrying out activities related to quality management of products and goods on the lists of group-2 products and goods in Vietnam.

Article 3.Lists of group-2 products and goods

1. Lists of group-2 products and goods and forms of management thereof are prescribed as follows:

a/ The list of specialized information technology and communications products and goods subject to regulation conformity certification and regulation conformity declaration is provided in Appendix I to this Circular.

b/  The list of specialized information technology and communications products and goods subject to regulation conformity declaration is provided in Appendix II to this Circular.

2. The Ministry of Information and Communications shall periodically review and revise the lists of group-2 products and goods in accordance with the State’s management policies.

Article 4.Principles of quality management of group-2 products and goods

1. The quality management of products and goods on the lists of group-2 products and goods must comply with the Ministry of Information and Communications’ regulations on regulation conformity certification, regulation conformity declaration and quality management for specialized information technology and communications products and goods and relevant technical regulations.

2. Products and goods on the lists of group-2 products and goods which are integrated with the functions of other products and goods on such lists are subject to certification and declaration of conformity with technical regulations applicable to the integrated products and goods.

3. Products and goods on the lists of group-2 products and goods which are governed by 2 or more national technical regulations are subject to regulation conformity certification and regulation conformity declaration according to such technical regulations.

4. In case the technical regulations promulgated before the effective date of this Circular contain provisions on regulation conformity certification and regulation conformity declaration different from this Circular’s provisions, the latter shall prevail.

5. In case there are new technical regulations amending, supplementing or replacing the technical regulations mentioned in the lists of group-2 products and goods, the new technical regulations shall prevail.

Article 5.Implementation provisions

1. This Circular takes effect on July 1, 2020, and replaces the Minister of Information and Communications’ Circular No. 05/2019/TT-BTTTT of July 9, 2019, prescribing the lists of potentially unsafe products and goods under the management of the Ministry of Information and Communications.

2. Regulation conformity certificates and notices of receipt of regulation conformity declarations which are issued before the effective date of this Circular and remain valid may continue to be used until the effective date of new technical regulations replacing the technical regulations or standards stated in such certificates and notices.

Article 6.Organization of implementation

1. The Chief of the Office, Director of the Department of Science and Technology, and heads of agencies and units of the Ministry of Information and Communications, and related organizations and individuals shall implement this Circular.

2. Any problems arising in the application of technical regulations and the measurement, testing and experimentation should be reported to the Ministry of Information and Communications (the Department of Science and Technology) for guidance.

3. For problems arising the in determination of HS codes of imports being potentially unsafe products and goods regulated by this Circular, the Ministry of Information and Communications shall coordinate with the Ministry of Finance (the General Department of Customs) in handling them.-

Minister of Information and Communications
NGUYEN MANH HUNG

* The appendices to this Circular are not translated.