Thông tư 15/2018/TT-BTTTT sửa đổi, bổ sung Thông tư 30/2011/TT-BTTTT về chứng nhận hợp quy với hàng hóa chuyên ngành CNTT

THE MINISTRY OF INFORMATION AND COMMUNICATIONS 

CircularNo. 15/2018/TT-BTTTT dated November 15, 2018 of the Ministry of Information and Communications onamending to some contents 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

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 dated April 06, 2011 on guidelines for some Articles of the Law on Telecommunications; Government’s Decree No. 81/2016/ND-CP dated July 01, 2016 on amendments to some Articles of the Government’s Decree No. 25/2011/ND-CP dated April 06, 2011 on guidelines for some Articles of the Law on Telecommunications and Government’s Decree No. 49/2017/ND-CP dated April 24, 2017 on amendments to Article 15 of the Government’s Decree No. 25/2011/ND-CP dated April 06, 2011 on guidelines for some Articles of the Law on Telecommunications and Article 30 of the Government’s Decree No. 174/2013/ND-CP dated November 13, 2013 on penalties for administrative violations against regulations on posts, telecommunications, information technology and radio frequency;

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 request of the General Director of the Vietnam Telecommunications Authority and the Director of the Department of Legal Affairs,

The Minister of Information and Communications hereby promulgates a Circular on amendments to some contents 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. Amendments to some contents 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

1. To amend Clause 2 Article 5 of the Circular No. 30/2011/TT-BTTTT as follows:

“2. Testing unit that serves declaration of conformity means a unit that is appointed or recognized or a unit that has registered its testing services as prescribed in the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016.”

2. To amend Article 6 of the Circular No. 30/2011/TT-BTTTT as follows:

“Article 6. List of commodities and management methods

1. Lists of potentially unsafe commodities under the management of the Ministry of Information and Communications include:

a) List of information technology and communications commodities subject to certification and declaration of conformity;

b) List of information technology and communications commodities subject to declaration of conformity;

2. Commodities on the “List of information technology and communications commodities subject to certification and declaration of conformity” shall be granted certificates of conformity, have declarations of their conformity submitted and bear the conformity mark.

3. Commodities on the “List of information technology and communications commodities subject to declaration of conformity” shall have declarations of their conformity submitted and bear the conformity mark.

3. To amend Clause 4 Article 7 of the Circular No. 30/2011/TT-BTTTT as follows:

“4. Cases in which quality inspection upon importation is exempted as prescribed in Clause 7 Article 7 of the Decree No. 132/2008/ND-CP dated December 31, 2008 are added by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018.”

4. To amend Clauses 2 and 3 Article 8 of the Circular No. 30/2011/TT-BTTTT as follows:

“2. Commodities that are not radio transceivers domestically manufactured or imported to be used by the manufacturer or importer itself.

3. Cases in which quality inspection upon importation is exempted as prescribed in Clause 7 Article 7 of the Decree No. 132/2008/ND-CP dated December 31, 2008 are added by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018.”

5. To amend Article 11 of the Circular No. 30/2011/TT-BTTTT as follows:

“Article 11. Methods for conformity certification

Conformity shall be certified according to Method 1 and Method 5 mentioned in Article 5 of the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Ministry of Science and Technology. To be specific:

1. Method 1: Test on representative sample

This method applies to domestically manufactured products of units issued with the certificate of product quality management system and imports.

2. 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.

This method applies to domestically manufactured products of units that have not yet been issued with the certificate of product quality management system.”

6. To amend Clause 2 Article 13 of the Circular No. 30/2011/TT-BTTTT as follows:

“2. The conformity certification organization shall carry out assessment and issue the certificate of conformity within seven (07) working days from the receipt of the satisfactory application made as prescribed in Clause 1 Article 14 of this Circular. In case of rejection of the application, the conformity certification organization shall respond and provide explanation in writing.”.

7. To amend Points b, c, d and dd Clause 1 and Clause 2 Article 14 of the Circular No. 30/2011/TT-BTTTT as follows:

“1. An application for conformity certification includes:

b) If the organization has not had an enterprise ID number or the individual has not had a PIN, the application for conformity certification shall include a certified true copy or a copy presented together with its original for verification purpose of one of the following:

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

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

The applicant shall only submit such documents when applying for conformity certification for the first time or when making any change to the abovementioned documents.

c) The test report sent by the testing unit specified in Clause 1 Article 5 of this Circular to the organization, individual or manufacturer or its authorized representative;

d) Vietnamese or English technical documentation, which sufficiently specifies name, code, specifications and photographs of the product, and manufacturer;

dd) Relevant documents depending on the method for conformity certification: a copy of the effective certificate of product quality management system (if the domestically manufactured product is certified using method 1); product manufacturing and product quality monitoring process (if the domestically manufactured product is certified using method 5).

2. The application shall be submitted:

a) Directly or by post to the conformity certification organization;

b) Through the web portal under the guidance available on the website of the Vietnam Telecommunications Authority (vnta.gov.vn).”

8. To amend Article 15 of the Circular No. 30/2011/TT-BTTTT as follows:

“Article 15. Methods for submission of declarations of conformity

1. Regarding commodities on the list specified in Point b Clause 1 Article 6 of this Circular, the declarant shall submit the declaration of conformity according to result of conformity self-assessment by the declarant or certification result given by the conformity certification organization or conformity certification organization recognized as prescribed by law. Regarding domestically manufactured products, Point a and 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 shall be complied with. Regarding imports, Points a and b Clause 2 Article 7 of the Decree No. 132/2008/ND-CP dated December 31, 2008 amended by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018 shall be complied with.

2. Regarding commodities on the list specified in Point a Clause 1 Article 6 of this Circular, the declarant shall submit the declaration of conformity according to the certification result given by the conformity certification organization or conformity certification organization recognized as prescribed by law. Regarding domestically manufactured products, 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 shall be complied with. Regarding imports, Point b Clause 2 Article 7 of the Decree No. 132/2008/ND-CP dated December 31, 2008 amended by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018 shall be complied with.”

9. To amend Article 16 of the Circular No. 30/2011/TT-BTTTT as follows:

“Article 16. Procedures for submission of declarations of conformity

1. Regarding domestically manufactured products:

The declarant shall prepare documents for registration of declaration of conformity as specified in Clause 1 Article 17 and submit them to the Vietnam Telecommunications Authority according to Clause 2 Article 17 of this Circular.

2. Regarding imports:

a) The importer shall 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 submit it to the Vietnam Telecommunications Authority according to Clause 2 Article 17 of this Circular.

Within one (01) working day, the Vietnam Telecommunications Authority shall provide a confirmation of the importer’s registration of inspection of quality of imports.

b) The importer shall submit the registration form confirmed by the Vietnam Telecommunications Authority to the customs authority for customs clearance purposes.

c) Within 15 (fifteen) working days from the date of customs clearance, the importer shall send to the Vietnam Telecommunications Authority conformity the self-assessment result as prescribed in Point dd, Clause 1 Article 17 of this Circular (if the declaration of conformity is submitted as prescribed in Point a Clause 2 Article 7 of the Decree No. 132/2008/ND-CP dated December 31, 2008 amended by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018) or certification result given by the conformity certification organization or certification organization recognized as prescribed by law according to Point d Clause 1 Article 17 of this Circular (if the declaration of conformity is submitted as prescribed in Point b Clause 2 Article 7 of the Decree No. 132/2008/ND-CP dated December 31, 2008 amended by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018).

d) Regarding commodities that are exempt from certification of conformity as prescribed in Article 7 and from declaration of conformity as prescribed in Clauses 1 and 3 Article 8 of this Circular, the importer shall comply with Points a, b and c of this Clause;

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 and is not required to comply with Point c of this Clause.

dd) Reduction or exemption of quality inspection shall be applied as prescribed in Clause 8 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.

3. The documents for registration of declaration of conformity shall be processed as follows:

a) Regarding the documents for registration of declaration of conformity that fail to be prepared as prescribed in Article 17 of this Circular, within three (03) working days from the receipt of such documents, the 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 the Vietnam Telecommunications Authority, if additional documents are not provided as prescribed, the documents for registration of declaration of conformity shall be rejected.

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

b.1. If the documents are satisfactory, the 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 IV hereof).

b.2) If the documents are unsatisfactory, the Vietnam Telecommunications Authority shall respond and provide explanation in writing in case of rejection.

4. The effective period of the notification of receipt of the declaration of conformity is:

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).

b) 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).”

10. To amend Points b, c, d, dd and e Clause 1 and Clause 2 Article 17 of the Circular No. 30/2011/TT-BTTTT as follows:

“1. Documents for registration of declaration of conformity include:

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 a certified true copy or a copy presented together with its original for verification purpose of one of the following:

b.1. Business registration certificate; Establishment decision/license, Investment certificate/license (if the organization has not has 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 abovementioned 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 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:

d.1. Manufacturer (in case of domestically manufactured products);

d.2. Importer or manufacturer or authorized representative of the manufacturer (in case of imports).

dd) In case domestically manufactured products or imports are included in the list specified in Point b Clause 1 Article 6 of this Circular:

dd.1. A self-assessment report includes:

dd.1.1. Name of the organization/individual; address; telephone; fax;

dd.1.2. Name of the commodity;

dd.1.3. Technical regulation number;

d.d.1.4. A conclusion that the commodity complies with technical regulations;

dd.1.5. 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;

dd.1.6. Self-assessment report made according to the organization s or individual’s self-assessment result or assessment result given by the register conformity assessment organization.

dd.2. The test report prescribed in Clause 2 Article 5 of this Circular shall be sent to:

dd.2.1. Manufacturer (in case of domestically manufactured product);

dd.2.2. Importer or manufacturer or authorized representative of the manufacturer (in case of imports).

dd.3. Vietnamese or English technical documentation, which sufficiently specifies name, code, specifications and photographs of the product, and manufacturer;

2. Documents for registration of declaration of conformity shall be submitted:

a) Directly or by post to the address posted on the website of the Vietnam Telecommunications Authority (vnta.gov.vn);

b) Through the web portal under the guidance available on the website of the Vietnam Telecommunications Authority (vnta.gov.vn).”

11. To amend Article 22 of the Circular No. 30/2011/TT-BTTTT as follows:

“Article 33. Effect and procedures for re-issuance of the certificate of conformity

1. A certificate of conformity ceases to have effect in the following cases:

a) Name, code or version of the product granted the certificate changes;

b) Changes to technical design of the product granted the certificate results in changes to its specifications;

c) There is no supervision result as prescribed in Article 26 of this Circular;

d) The certificate expires.

2. Procedures for re-issuance of the certificate of conformity are prescribed in Chapter II of this Circular.”

12. To amend Clause 1 Article 24 of the Circular No. 30/2011/TT-BTTTT as follows:

“1. The declarant shall re-register declaration of conformity when there is any change to the declaration of conformity or the notification of receipt of the declaration of conformity expires. In the cases where the declaration of conformity changes due to the change of applicable technical regulation, the new technical regulation shall apply.”

13. The “Application form for conformity certification” in the Appendix II is replaced with the Form No. 01 in the Appendix enclosed with this Circular.

14. The “Form of declaration of conformity certification” in the Appendix III is replaced with the Form No. 02 in the Appendix enclosed with this Circular.

15. The “Form of notification of receipt of declaration of conformity” in the Appendix IV is replaced with the Form No. 03 in the Appendix enclosed with this Circular.

16. Clause 8 Article 2, Clause 3 Article 5, Clause 3 Article 13, Point a Clause 1 Article 23; Points d and dd Clause 1 Article 27 of the Circular No. 30/2011/TT-BTTTT are repealed.

Article 2. Implementation

The General Director of the Vietnam Telecommunications Authority, heads of affiliates of the Ministry of Information and Communications, Directors of Departments of Information and Communications of 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 January 01, 2019.

2. The notification of receipt of the declaration of conformity issued before the effective date of this Circular shall remain valid until its expiry.

Article 4. Responsibility for implementation

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

The Minister
Nguyen Manh Hung 

APPENDIX

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

Form No. 01

APPLICATION FORM FOR CONFORMITY CERTIFICATION

To:(name of the conformity certification organization)

1. Name of the applicant:

2. Address:

Telephone:                                                        Fax:

Enterprise ID number/PIN number:

Name of the manufacturer(if the product is domestically manufactured):

Contact person:                     Telephone:

3. Product to be granted the certificate of conformity:

a) Name of the product:

b) Code:

c) Manufacturer, place of manufacturing:

4. Test report:(specify name and address of the testing unit; number and date of the test report)

5. Technical regulation or standard applied:

6. Enclosed documents:(fully listed)

We are / I am committed to comply with conformity certification regulations of the Ministry of Information and Communications and regulations on product quality management.

Form No. 02

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------

DECLARATION OF CONFORMITY

No. ………………

Name of the organization/individual:

……………………………………………………………………………………

……………………………………………………………………………………Address: ……………………………………………………………………………………

Enterprise ID number/PIN number: ……………………………………………………

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

HEREBY DECLARES:

Product name:

…………………………………………………………………………………………………………………………………………………………………………

Code:

…………………………………………………………………………………………………………………………………………………………………………

Manufacturer, place of manufacturing:

…………………………………………………………………………………………………………………………………………………………………………

Has complied with:

…………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………

Pursuant to the Certificate of conformity/Test report No……………….……………Dated: …………………………………

Form No. 03

NOTIFICATION OF RECEIPT OF DECLARATION OF CONFORMITY

The Vietnam Telecommunications Authority has received the Declaration of conformity No: …. dated: …….. by:

(name of the organization/individual)

…………………………………………………………………………………………………………………………………………………………………………

Address: …………………………………………………………………………………………………………………………………………………………………………

For the product: …………………………(specify name, code, manufacturer and place of manufacturing)…………………………………………………….

…………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………

In compliance with: ………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………

Expiry date: ...(1)...

This notification only acknowledges the organization’s/individual’s commitment and is not used to certify a product compliant with corresponding technical regulation or standard. Manufacturers and traders shall assume responsibility for the compliance of their products.

Authorized representative of the Vietnam Telecommunications Authority
(Signature, position and seal) 

Remark (1): The effective period of the Notification of receipt of declaration of conformity is mentioned in Clause 9 Article 1 of this Circular.