Circular 10/2023/TT-BTTTT cease the application of technical regulations in Circular 04/2023/TT-BTTTT

CIRCULAR

On ceasing, in part or in whole, the application of a number of technical regulations mentioned in Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of the Minister of Information and Communications, on providing the Lists of potentially unsafe products and goods under the Ministry of Information and Communications’ management

______

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

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

Pursuant to the Law on Radio Frequencies dated November 23, 2009; the Law on Amending and Supplementing a Number of Articles of the Law on Radio Frequencies dated November 09, 2022;

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

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; the Law on Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

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

Pursuant to the Decree No. 13/2022/ND-CP dated January 21, 2022, amending and supplementing a number of articles of Decree No. 132/2008/ND-CP dated December 31, 2008, and Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government, detailing the implementation of a number of articles of the Law on Product and Goods Quality, and Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government, 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 on ceasing, in part or in whole, the application of a number of technical regulations mentioned in Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of the Minister of Information and Communications, on providing the Lists of potentially unsafe products and goods under the Ministry of Information and Communications’ management.

Article 1. Ceasing of the implementation effect

1. To cease, in part or in whole, the application of technical regulations mentioned at Points 1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.8, 1.1.9, 1.1.10, 1.1.11, 1.1.12, 1.1.14, 2.1, 2.2, 2.3, 2.4 in Appendix I issued together with Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of the Minister of Information and Communications, on providing the Lists of potentially unsafe products and goods under the Ministry of Information and Communications’ management with details defined in Appendix I to this Circular.

2. To cease, in part or in whole, the application of technical regulations mentioned at Points 3.1.1, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.3.3, 3.3.4, 3.3.5, 3.3.6, 3.3.8, 3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.14, 3.3.15, 4.1, 4.2, 4.3, 4.4 in Appendix II issued together with Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of the Minister of Information and Communications, on providing the Lists of potentially unsafe products and goods under the Ministry of Information and Communications’ management with details defined in Appendix II to this Circular.

3. The application of Points 1.1.1, 1.1.2, 1.1.10, 2.1, 2.2, 2.3, 2.4 in Appendix I to this Circular shall be ceased from the effective date of this Circular until the end of December 31, 2023.

4. The application of Points 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.8, 1.1.9, 1.1.11, 1.1.12, 1.1.14 in Appendix I and Points 3.1.1, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.3.3, 3.3.4, 3.3.5, 3.3.6, 3.3.8, 3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.14, 3.3.15, 4.1, 4.2, 4.3, 4.4 in Appendix II to this Circular shall be ceased from the effective date of this Circular until the end of June 30, 2024.

Article 2. Effect

This Circular takes effect on the signing date.

Article 3. Transitional provisions

1. Relevant organizations and individuals that are implementing certification of technical-regulation conformity, declaration of technical-regulation conformity and quality inspection for the products and goods specified in Article 1 of this Circular for import, production and trading from July 15, 2023 to the date preceding the effective date of this Circular may apply this Circular.

2. During the ceasing period:

Organizations and individuals involving in the products and goods defined in Article 1 of this Circular must not perform the procedures for certification of technical-regulation conformity, declaration of technical-regulation conformity for the contents of technical regulations of which the application is ceased.

3. After the ceasing period:

a) Relevant organizations and individuals shall carry out certification of technical-regulation conformity, declaration of technical-regulation conformity and quality inspection for the products and goods defined in Article 1 of this Circular in accordance with Circular No. 04/2023/TT-BTTTT.

b) For the products and goods specified in Article 1 of this Circular which have technical-regulation conformity certificates under Circular No. 04/2023/TT-BTTTT during the ceasing period specified in this Circular, such certificates remain valid until the expiration date stated in the certificates.

c) For the products and goods specified in Article 1 of this Circular which are already certified or announced to be technical regulation-conformable or already have the quality inspected during the ceasing period, if the production or import continues, the additional certification or declaration of technical-regulation conformity with contents of technical regulations to be ceased to apply must be implemented, or the re-certification or declaration of technical-regulation conformity with entire technical regulations is required. In case of additional certification of technical-regulation conformity, the term of the technical-regulation conformity certificate shall be equal to the remaining term of the issued certificate.

Article 4. The Chief of the Office, Director of the Department of Science and Technology, heads of agencies and units under the Ministry of Information and Communications, and related organizations and individuals shall be responsible for implementing this Circular./.

The Minister

Nguyen Manh Hung

* All Appendices are not translated herein.