Circular 04/2023/TT-BTTTT Lists of potentially unsafe products and goods

CIRCULAR

Providing the Lists of potentially unsafe products and goods under the Ministry of Information and Communications’ management^[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; and the November 9, 2022 Law Amending and Supplementing a Number of Articles of the 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 the implementation of 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 132/2008/ND-CP of December 31, 2008, detailing the implementation of a number of articles of the Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 13/2022/ND-CP of January 21, 2022, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, and Decree No. 74/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Product and Goods Quality, and the Government’s Decree No. 86/2012/ND-CP of October 19, 2012, detailing and guiding the implementation of a number of articles of the Law on Measurement;

Pursuant to the Government’s Decree No. 48/2022/ND-CP of July 26, 2022, 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 providing the Lists of potentially unsafe products and goods under the Ministry of Information and Communications’ management.

Article 1. Scope of regulation

1. This Circular provides the Lists of potentially unsafe products and goods under the Ministry of Information and Communications’ management (below referred to as the Lists of category-2 products and goods) and principles for management of category-2 products and goods.

2. This Circular only applies to products and goods with HS codes and descriptions specified in the Lists of category-2 products and goods.

Article 2. Subjects of application

This Circular applies to:

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

2. Organizations and individuals engaged in activities related to quality control of products and goods on the Lists of category-2 products and goods in Vietnam.

Article 3. Lists of category-2 products and goods

1. The Lists of category-2 products and goods and the form of management thereof are as follows:

a/ “The List of specialized information and communication technology products and goods subject to mandatory regulation conformity certification and declaration” is provided in Appendix I to this Circular.

b/ “The List of specialized information and communication technology products and goods subject to mandatory regulation conformity declaration” is provided in Appendix II to this Circular.

2. The Ministry of Information and Communications shall review, and modify and supplement the Lists of category-2 products and goods in each period in accordance with the State’s management policies.

Article 4. Principles for management of category-2 products and goods

1. The quality control of products and goods on the Lists of category-2 products and goods must comply with the Ministry of Information and Communications’ regulations on certification of regulation conformity, declaration of regulation conformity and quality inspection for specialized information and communication technology products and goods and corresponding technical regulations.

2. Products and goods on the Lists of category-2 products and goods integrated with functions of other products and goods on the Lists of category-2 products and goods shall be subject to certification and declaration of conformity with technical regulations applied to the integrated products and goods.

3. Products and goods on the Lists of category-2 products and goods that are subject to application of two or more national technical regulations shall be subject to regulation conformity certification and declaration according to such national technical regulations.

4. In case technical regulations issued before the effective date of this Circular have provisions on regulation conformity certification and declaration different from those of this Circular, this Circular shall prevail.

5. In case new technical regulations are issued to modify and supplement or replace the technical regulations specified in the Lists of category-2 products and goods, the new technical regulations shall be applied.

Article 5. Implementing provisions

1. This Circular takes effect on July 15, 2023.

2. The Minister of Information and Communications’ Circular No. 02/2022/TT-BTTTT of May 16, 2022, providing the Lists of potentially unsafe products and goods under the Ministry of Information and Communications’ management, ceases to be effective on the date this Circular takes effect.

3. Regulation conformity certificates or notices of receipt of letters of regulation conformity declaration issued before the effective date of this Circular and remaining valid shall continue to be applied until the effective date of the new technical regulations replacing the technical regulations or standards stated in such certificates or 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 under the Ministry of Information and Communications, and related organizations and individuals shall implement this Circular.

2. In the course of applying technical regulations and carrying out measuring and testing, organizations and individuals shall promptly report problems to, and comply with the guidance of, the Ministry of Information and Communications (the Department of Science and Technology).

3. In case there are problems in determination of HS codes of imported potentially unsafe products or goods falling within the scope of regulation of this Circular, the Ministry of Information and Communications (the Department of Science and Technology) shall coordinate with the Ministry of Finance (the General Department of Vietnam Customs) in providing guidance and handling them uniformly.-

Minister of Information and Communications
NGUYEN MANH HUNG

* The Appendices to this Circular are not translated.