Decision No. 41/2004/QD-BBCVT dated October 05, 2004 of the Ministry of the Post and Telecommunications promulgating the regulation on telecommunications equipment standard conformity stamps"

DECISION

PROMULGATING THE REGULATION ON TELECOMMUNICATIONS EQUIPMENT STANDARD CONFORMITY STAMPS

THE MINISTER OF POST AND TELEMATICS

Pursuant to the May25, 2002 Ordinance on Post and Telecommunications;

Pursuant to the Government's Decree No. 90/2002/ND-CP of November 11, 2002 defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telematics;

Pursuant to the Government's Decree No. 160/2004/ND-CP of September 3, 2004 detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications,

At the proposal of the director of the Department for Post, Telecommunications and Information Technology Quality Management,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on telecommunications equipment standard conformity stamps.

Article 2. This Decision takes effect as from January 1, 2005.

Article 3. The director of the Office, the director of the Department for Post, Telecommunications and Information Technology Quality Management, the heads of the agencies and units under the Ministry of Post and Telematics and organizations and individuals manufacturing, trading in and using telecommunications equipment shall have to implement this Decision.

REGULATION

ON TELECOMMUNICATIONS EQUIPMENT STANDARD CONFORMITY STAMPS

(Promulgated together with the Post and Telematics Minister's Decision

Chapter I

GENERAL PROVISIONS

Article 1. Subjects and scope of regulation

1. This document prescribes the affixture of telecommunications equipment standard conformity stamps on home-made or imported telecommunications equipment which have already been certified as conforming with standards according to the regulations of the Ministry of Post and Telematics.

2. This document applies to Vietnamese as well as foreign organizations and individuals lawfully operating in Vietnam in the domain of manufacturing, importing, purchasing, selling and using telecommunications equipment in the Vietnamese territory.

Article 2. Telecommunications equipment standard conformity stamps

1. Telecommunications equipment standard conformity stamps, hereinafter called stamps, shall be affixed on each equipment as marks showing that such telecommunications equipment has been certified by the Ministry of Post and Telematics as conforming with standards, and serve as basis for users to recognize equipment with certified standard conformity, for enterprises providing telecommunications services to check equipment when connecting them to telecommunications networks, and for management agencies to conduct market inspection and control.

2. Stamp specimens shall be issued by the Ministry of Post and Telematics. Stamps shall be printed on rip-to-break paper with the application of anti-counterfeiting measures and contain the following information:

- Name of stamp,

- Name of stamp issuer,

- Type and origin of equipment to be affixed with stamps,

- Stamp code.

All acts of counterfeiting, altering or modifying stamp contents or using stamps at variance with the provisions of this document are strictly prohibited.

Article 3. List of telecommunications equipment which must be affixed with stamps

1. The Ministry of Post and Telematics promulgates the list of home-made or imported telecommunications equipment which must be affixed with stamps before being circulated on the Vietnamese market or being connected to the telecommunications networks. The list of stamp affixture-liable telecommunications equipment shall be publicized in each period.

2. The Ministry of Post and Telematics encourages organizations and individuals to affix stamps on telecommunications equipment which are not on the list of stamp affixture-liable telecommunications equipment but already certified as conforming with standards.

Article 4. The Department for Post, Telecommunications and Information Technology Quality Management under the Ministry of Post and Telematics shall organize the printing of stamps, prescribe the stamp use fee levels, distribute and manage stamps, and guide organizations and individuals having stamp affixture-liable equipment in implementing the provisions of this document.

Article 5. Organizations and individuals having stamp affixture-liable equipment are organizations and individuals defined in Clause 2, Article 1; that have telecommunications equipment on the list of stamp affixture-liable telecommunications equipment and have already been granted standard conformity certificates.

Chapter II

PROCEDURES OF APPLYING FOR STAMP AFFIXTURE AND DELIVERING AND RECEIVING STAMPS

Article 6. Organizations and individuals having stamp affixture-liable equipment shall make dossiers of application for stamp affixture, each comprising:

1. An application for stamp affixture (made according to a set form),

2. Notarized copies of papers showing the legal person status:

- For organizations: One of the following papers: business registration certificate, establishment license, establishment decision.

- For individuals: People's identity card or passport.

3. Copy of the standard conformity certificate.

4. Copies of documents stating the quantity of equipment to be affixed with stamps:

- For imported equipment: Copies of customs declarations of import goods (to be compared with the originals produced upon the dossier submission).

- For home-made equipment: Registration of quantity of equipment which must be affixed with stamps (according to the production plan).

Article 7. Places for submitting dossiers of application for stamp affixture

1. The Department: for Post, Telecommunications and Information Technology Quality Management

Address: No. 18 Nguyen Du street, Hanoi city.

2. The Quality Management Sub-Department of Region 2

Address: No. 27 Nguyen Binh Khiem, District 1, Ho Chi Minh city.           .

3. Other agencies authorized by the Department for Post, Telecommunications and Information Technology Quality Management.

Article 8. The Department for Post, Telecommunications and Information Technology Quality Management shall deliver stamps to organizations and individuals within three (03) working days after receiving complete and valid dossiers. The delivery and receipt of stamps must be recorded in writing (made according to a set form).

Article 9. Organizations and individuals having stamp affixture-liable equipment shall pay the stamp use fee in lump-sum in cash or by account transfer before receiving stamps.

Chapter III

MANAGEMENT AND ORGANIZATION OF STAMP AFFIXTURE

Article 10. Organizations and individuals having stamp affixture-liable equipment shall affix stamps on equipment. Stamp affixture requirements are guided in the list of stamp affixture-liable telecommunications equipment.

Article 11. In case of special requirements, the Department for Post, Telecommunications and Information Technology Quality Management shall supervise and inspect the stamp affixture in order to ensure that stamps are used for the right purpose.

Article 12. Organizations and individuals having stamp affixture-liable equipment shall have to preserve and use stamps strictly according to regulations; compile books for monitoring the stamp use and produce them at requests of concerned agencies.

Article 13. Organizations and individuals having stamp affixture-liable equipment shall be additionally supplied with stamps to replace torn or damaged ones. Applications for additional supply of stamps shall be made according to a set form. Lost stamps shall not be re-issued.

Article 14. Organizations and individuals manufacturing telecommunications equipment at home must report on the use of stamps before December 15 every year, Their annual stamp use reports shall be made according to a set form.

Organizations and individuals manufacturing telecommunications equipment at home must report on the stamp use and return unused stamps when:

1. Organizations and individuals stop manufacturing types of equipment with stamp affixture being applied for.

2. Standard conformity certificates, for equipment with stamp affixture application having expired.

Reports on stamp use and return shall be made according to a set form. The return of stamps shall be reflected in written records, made according to a set form.

Article 15. The Department for Post, Telecommunications and Information Technology Quality Management shall decide on stamp withdrawal in the following cases where:

1. Organizations and individuals fail to return unused stamps.

2. Standard conformity certificates granted to equipment in application for stamp affixture are invalidated.

3. Organizations and individuals having stamp affixture-liable equipment violate the provisions of this document.

Article 16. Organizations and individuals that manufacture, import, purchase and/or sell equipment on the list of stamp affixture-liable telecommunications equipment, and introduced into the Vietnamese market before the effective date of this document (in warehouses, in shipments or on sale) must affix stamps according to the following regulations:

1. Procedures of applying for stamp affixture and delivering and receiving stamps:

a/ For organizations and individuals manufacturing or importing equipment: They shall comply with the provisions of Chapter II of this document.

b/ For organizations and individuals purchasing or selling equipment: They shall comply with the provisions of Chapter II of this document. Particularly, Clauses 3 and 4, Article 6 shall be superseded by the following provisions:

- Regarding standard conformity certificates: Copies of standard conformity certificates already granted to organizations and individuals manufacturing or importing equipment in application or stamp affixture (with true-copy certification by equipment-manufacturing or - importing organizations or individuals).

- Copies of papers stating equipment quantities and origins: Purchase or sale invoices and vouchers, and ex-warehousing bills showing origins of equipment in application for stamp affixture supplied by equipment-manufacturing or-importing organizations or individuals (with true-copy certification by equipment-manufacturing or -importing organizations and individuals).

2. The stamp affixture shall comply with the provisions of Articles 10 and 11 of this Regulation.

3. The time limit for completing the affixture of stamps on the above-mentioned equipment is 90 days after the effective date of this Regulation.

Chapter IV

INSPECTION, EXAMINATION AND HANDLING OF VIOLATIONS

Article 17. The Post, Telecommunications and Information Technology Quality Inspectorate shall assume the prime responsibility for, while the inspectorates of the other concerned agencies shall coordinate with one another in, conducting regular or unexpected inspection and examination of the observance of the provisions of this document.

Article 18. Inspected organizations and individuals are obliged to supply, and take responsibility for accuracy of, dossiers and documents related to inspection and examination contents; create favorable conditions for the performance of inspection and examination tasks.

Article 19. Acts of violating the provisions on affixture of telecommunications equipment standard conformity stamps shall be handled according to the Government's Decree No. 142/ 2004/ND-CP of July 8, 2004 prescribing the sanctioning of administrative violations in the field of post, telecommunications and radio frequencies as well as current relevant documents.

Chapter V

IMPLEMENTATION PROVISIONS

Article 20. Any problems arising the course of implementation should be promptly reported by the concerned agencies, organizations and individuals to the Ministry of Post and Telematics for consideration, supplementation and amendment.