Circular 30/2011/tt-Btttt: Regulations On Certification Of Conformity And Conformity For Products, Merchandise And Information Technology Majors In Communications

Original Language Title: Thông tư 30/2011/TT-BTTTT: Quy định về chứng nhận hợp quy và công bố hợp quy đối với sản phẩm, hàng hóa chuyên ngành công nghệ thông tin về truyền thông

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Pursuant to the law on telecommunications, November 23, 2009;

Pursuant to the law of radio frequency power on November 23, 2009;

Pursuant to the law of standards and technical regulation on June 29, 2006;

Pursuant to the law of product quality, the goods on November 21, 2007;

Pursuant to Decree No. 127/2007/ND-CP on 1st August 2007 detailing the Government's implementation of some articles of the law on technical regulation and standards;

Pursuant to Decree No. 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on product quality, the goods;

Pursuant to Decree No. 25/2010/ND-CP on January 6, 2011 by Government detailing and guiding the implementation of some articles of the law on telecommunications;

Pursuant to Decree No. 187/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of information and communications, has been amended and supplemented by Decree No. 50/2010/ND-CP on January 24, 2011;

At the suggestion of the Director of telecommunications regulation: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope: this circular regulation conformity certification activities and appropriate disclosure rules (hereinafter referred to as certification and Announces fusion rules) with respect to the products, goods in the field of management of the Ministry of information and communication (hereafter referred to as products) including: telecommunication equipment; the playback devices, with radio-broadcast receivers; the electronics and information technology (except the equipment used for the purpose of Defense and security under the provisions of the law).

The product is within the framework of international treaties about mutual acknowledgment for the certificate of conformity and that Vietnam is a member, the subject of international treaties.

2. Objects: this circular apply to organizations, individuals and Vietnam have foreign manufacturing operations, sales of products mentioned in paragraph 1 of this article on the territory of Vietnam (hereinafter referred to as individual organizations).

Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The certificate of conformity is the certification of product conformity with technical standards by Ministry of information and communication issued and/or standard by Ministry of information and media mandatory rules apply (hereinafter referred to as the technical standards) in order to ensure the compatibility of the products in connect, national telecommunications network safety, information security, ensuring the requirements for electromagnetic compatibility, use effective and resource-saving radio frequency spectrum, safe for humans and the environment, to protect the interests of users.

2. Publish conformity is the Organization, individuals announced with state regulators and consumers about the product's conformity with the respective technical regulation after making the assessment process consistent.

3. Measurement of engine product is the determination of one or more of the technical characteristics of the products by the respective technical regulation.

4. conformity certification organization is the technical service activities are the Ministry of information and communication Affairs responsible for the certification of conformity.

5. measuring unit is the unit has the capacity to perform the verification of the technical characteristics of the products by the respective technical regulation.

6. check the specified unit of measure is the unit of Rangers was the Ministry of information and communication to make testing and certification service of proper disclosure rules.

7. check the unit to be admitted is the unit of the Foreign Ministry of information control and media admitted in the framework of mutual acknowledgment agreement.

8. The unit test to be recognized as the measuring units capable of performing test serves announced conformity and is recognized by the competent accreditation organization.

Article 3. Active properties of the certificate of conformity and certificate of conformity and publication activity is mandatory for the Organization, personal business, manufacturing products subject to application of the respective technical regulation of service quality management products, specialized goods before circulating on the market.

Article 4. State administration of certification and conformity 1. The Telecommunication Bureau is responsible for enforcing State management duties of certification and conformity with respect to the disclosure of products, specialized goods, information technology and media on nationwide.

2. The information and communication Department, central cities (hereafter referred to as the Department of information and communication) in collaboration with the telecommunications Bureau mission management on certification and conformity on the publication are the responsibility of management.

Article 5. Measuring unit of service certification and declared fit rules 1. The unit of active service check conformity certified measuring unit is specified or acknowledged.

2. Unit of active service check Announces conformity is the measuring unit is specified or acknowledged or recognized.

3. Unit of qualified foreign check test be the telecommunications Bureau acknowledges the check measuring results to served conformity certification activities with regard to the measurement of measuring capacity in countries that do not meet.

4. The measuring unit must be responsible to the competent authorities about the accuracy of the test results. Test results are not worth replacing the certificates of conformity and A proper disclosure rules.

Article 6. The list of products and management form 1. According to time, the Ministry of information and communication issued "product category, commodity specialization in information technology and communication required to be certified and announced conformity" and "catalogues, specialized goods, information technology and communication required to publish conformity" conform with the State's management policy.

2. for "products, specialized goods, information technology and communication required to be certified and announced conformity", organization, individual production or imports of the products in this category, except for the cases stipulated in article 7 of this circular, must carry the certificate of conformity in accordance with the provisions of chapter II appropriate disclosure rules, as defined in chapter III and conformity mark according to the provisions in chapter IV of this circular.

3. for "products, specialized goods, information technology and communication required to publish conformity", organization, individual production or imports of the products in this category, except for the cases stipulated in article 8 of this circular, must make appropriate disclosure rules under the provisions of chapter III and conformity mark according to the provisions of chapter IV of This circular.

Article 7. The case is not the product conformity certification in the category referred to in paragraph 2 article 6 of this circular but not conformity certification in the following cases: 1. The products imported under the goods or to use for personal purposes under the provisions of the law including: Electronics, information technology; fixed terminals and public land mobile telecommunications services for the Internet and was allowed to provide and use in Vietnam.

2. products imported or domestic production to the Gallery, the exhibition under the provisions of the law; do templates serve the purpose of research and development or for the testing of product conformity certification service.

3. The radio equipment of diplomatic missions, consular bodies of foreign countries, representative offices of international organizations in Vietnam, senior foreign delegation to visit Vietnam to enjoy preferential regulations, diplomatic immunity; foreign reporters on short press activities in Vietnam (having the licenses of press activities of the Ministry of Foreign Affairs); exploited amateur radio members.

Article 8. The case is not announced conformity of products in the categories mentioned in paragraph 2 and 3 article 6 of this circular but not announced appropriate rules in the following cases: 1. cases not certified conformity with the provisions of article 7 of this circular.

2. Products manufactured in or imported to, individual manufacturing, importing products that use.

Article 9. Certificate of conformity for radio equipment The conformity certification for radio equipment must be compatible with the radio frequency planning and ensure the management regulations on the quality of radiation safety, radiation power and electromagnetic compatibility according to the provisions of the law. In addition to compliance with this circular on the accreditation and conformity, the radio equipment when used on the territory of Vietnam also must have a license to use radio frequency.

Article 10. The cost of certification and conformity organization, individuals have the obligation to pay the cost of conformity certification, receiving fees announced the conformity according to the provisions of the current law.

Chapter II CONFORMITY CERTIFICATION article 11. The method of certification of conformity 1. The method of conformity certificates for products consistent with regulations in the respective technical regulation.

2. The Telecommunications Bureau guide details the application of conformity certification method referred to in paragraph 1 of this article for each specific object in order to ensure compliance with the corresponding technical standards.

Article 12. Certificate of conformity 1. Certificate of conformity conformity certification organization valued all around the country.

2. The certificate of conformity is issued for each category of product, maximum duration of three (3) years. During the validity period of the certificate of conformity, organizations, individuals are allowed to supply products to the market with no restrictions on the number.

3. The certificate of conformity according to the model in annex I of this circular.

Article 13. Conformity certification procedure 1. The Organization, individuals file proposals conformity certification according to the provisions in clause 1 of article 14 of this circular and submit one (1) to organize certification of conformity.


2. Organization of the time certified conformity assessment and certification of conformity is not more than ten (10) working days from receipt of a valid application in accordance with paragraph 1 of article 14 of this circular. The absence of certification of conformity, conformity certification organizations are responsible to notify in writing to the Organization, personal recommendations and certification stating the reason.

3. in special circumstances, when the certificate of conformity requires longer period stipulated in paragraph 2 of this article, the certificate of conformity organization responsible for notification in writing to the Organization, the individual certification proposal know the reason. Time evaluation and certification of conformity to a maximum of not more than thirty (30) days from receipt of the valid application.

Article 14. Profile conformity certification recommendation and reception venue profile 1. Profile conformity certification recommendations include: a) text recommended certification of conformity (according to the model in annex II of this circular);

b) proof of legal personality: A copy of a certificate in the following papers: the business registration certificate; Decision/license, certificate of investment/investment licenses (with the case is held); Identity card or passport (with individual cases). Direct filing case may file a copy with the original for collation;

c) test results of the product unit of competent inspection prescribed in paragraph 1 and 3 article 5 of this circular and are issued within two (2) years as of the date of the application;

d) technical documentation of the products demonstrated the full range of content: name, symbol and the technical information of the product, the outside shot, maker.

DD) relevant documents depending on the method of certification of conformity.

2. Location of receiving the recommended profile conformity certification is the headquarters of the conformity certification organization.

Chapter III ANNOUNCED CONFORMITY article 15. The method of proper disclosure rules 1. With regard to the products in the category referred to in paragraph 2 article 6 of this circular, the Organization, the individual must make the register A proper disclosure rules (according to the model in annex III of this circular) after you have the certificate of conformity issued by the conformity certification organization.

2. for the products in the category referred to in paragraph 3 article 6 of this circular, the Organization, the individual must perform the registration of A conformity announced after judging conformity based on product verification results of the unit check out the provisions in paragraph 2 of article 5 of this circular.

Article 16. The process of registration procedures, appropriate disclosure rules 1. The Organization, established personal profile sign announced conformity as prescribed in paragraph 1 of article 17 of this circular and submit one (1) to receiver records announced conformity.

2. During the seven (7) working days from the date of receipt of a valid application receiver records have reported receiving A proper disclosure rules (according to the model in annex IV of this circular). The case is not receiving A proper disclosure rules the agency receiving records is responsible for notification in writing to the Organization, individuals register published the conformity of the contents is not yet fit to perfection and made back the subscription announced conformity.

Article 17. Profile announced conformity and location receiving the record 1. Registration records announced the combination rules include: a) A proper disclosure rules;

b) proof of legal personality: A copy of a certificate in the following papers: the business registration certificate; Decision/license, certificate of investment/investment licenses (with the case is held); Identity card or passport (with individual cases). Direct filing case may file a copy with the original for collation;

c) conformity stamp used for the product;

d) a copy of the certificate of conformity by the accreditation conformity level validity (case announced combination of rules according to the method outlined in paragraph 1 article 15 of this circular);

DD) test results of the product unit of competent inspection prescribed in clause 2 article 5 of this circular and are issued within two (2) years as of the date of the application; The technical documentation of the products demonstrated the full range of content: name, symbol and the technical information of the product, the outside shot, maker (case announced combination of rules according to the method outlined in paragraph 2 of article 15 of this circular);

2. The Telecommunications Bureau guide details the process, procedures and reception venue announcement conformity.

Chapter IV CONFORMITY MARK of 18 Thing. Conformity mark 1. Conformity mark is a sign showing the product's conformity with the respective technical regulation.

2. Depending on the method of proper disclosure rules stipulated in article 15 of this circular, conformity marks include: a) conformity Mark for the products required to be certified and announced the combination rules (according to the model in annex V to this circular);

b) conformity Mark for the products required to publish appropriate rules (according to the model in annex VI to this circular);

3. The organization, individuals are only allowed to use conformity marks after sample conformity marks already registered in the receiving agency announced conformity. The event does not fit on the conformity mark, within ten (10) working days, the receiving agency announced conformity have suggested text organizers, individual conformity mark edit as appropriate.

Article 19. A conformity mark 1. Conformity marks can be zoom in or zoom out but must ensure the correct rate and realize with the naked eye.

2. Color of conformity marks by individual institutions, but must be the same color, ensuring clear, visible and sustainable. Not print any more characters, images, other patterns within the conformity mark. Case in conformity mark up other stuffs to associating or paste to copy material selection for use only once, could not shed attached.

3. organizations and individuals after the announced conformity mark conformity self by printing, add or paste the conformity mark directly on the product or on the packaging or the label attached on the product in a location easy to find, easy to read, and can be printed in the enclosed technical documentation.

Article 20. Manage the conformity mark 1. The Organization, individuals use conformity mark to comply herewith and responsible to the competent authorities about the accuracy of the conformity mark.

2. organizations and individuals who have products certified conformity responsible: a) Created the shared track and report use of the bookmarks specified period under the guidance of conformity certification organization and irregular when required by the competent State agencies;

b) report receiving agency announced the combination rules when there is a change in the form of registered conformity mark. The event does not fit on the conformity mark, within ten (10) working days, the receiving agency announced conformity have suggested text organizers, individual conformity mark edit as appropriate.

3. The Telecommunications Bureau guide details the relevant unit implementation to manage conformity mark according to the provisions in this article.

Chapter V the FOLLOWING PRODUCT MANAGEMENT CERTIFICATION and ANNOUNCES CONFORMITY article 21. The responsibility of individual organizations 1. The Organization, individual manufacturing, importing the products in the list of items mentioned in paragraph 2 of article 6 of this circular are only allowed to bring products to market in the country after having been granted the certificate of conformity, make announced and conformity mark conformity.

2. organizations and individuals, producers, sales of the product in the list referred to in paragraph 3 article 6 of this circular are only allowed to bring products to market in the country after having made proper disclosure rules and conformity marks.

3. The organization, individuals are not given the domestic market the product in the event of non conformity certificate referred to in article 7 and in the case of not announced conformity referred to in article 8 of this circular.

4. organizations, individual business, manufacturing products have been certified or announced conformity is responsible for maintaining constantly the quality of the products have been certified or announced and to be responsible before the law for the quality of its product offering.

5. in the production process or the circulation of products on the market, if the Organization, individuals discovered his product offering does not match with the corresponding technical standards already certified or announced they must proceed with the following remedies: a) promptly inform the governing body about the inconsistent;

b) taking measures to correct the mismatch. When necessary, suspend the putting into circulation in the market and conducted inappropriate product recall are circulating on the market;

c) inform the governing body about results to correct the mismatch before continuing to put the product into circulation on the market.

Article 22. Conformity certificate level 1. In the following cases, personal organizer, has been granted the certificate of conformity must take back the conformity certification procedure: a) the name, the symbol, the version of the product was granted a certificate of change;

b) technical design of the product has been granted certificate of change alter the specifications of the product;

c) the applicable technical regulation change certification; the type of zoning change radio frequency (for radio devices);

d) conformity certificate expired time limit;

DD) conformity certificate has been cancelled effective (after having overcome the reason of cancellation).

2. The procedure of reissuing a certificate of conformity in accordance with the provisions of chapter II of this circular.

Article 23. Revocation of the certificate of conformity and the conformity mark 1. In the following cases, conformity certification organizations must make the revocation and invalidation for the certificate of conformity, conformity mark usage rights granted for the Organization, individuals: a) the results of product quality monitoring shows that the product does not conform with the respective technical regulation as has been certified;

b) Organization, the individual has been certified conformity not done properly the provisions of the certificate of conformity and the conformity mark.

2. organizations and individuals who have responsibility to conformity certificate (original) has been cancelled effective certification organization for conformity and to terminate the use of the conformity mark has been granted for the product.

Article 24. Redo publish conformity


1. The organization, individuals must take back the publication of conformity when there are any changes in terms of content a case disclosure rules were announced.

2. The procedure done again announced conformity as defined in chapter III of this circular.

Article 25. Recordkeeping and reporting 1. The Organization, the individual must archive records and presented to the competent State agencies when required.

2. An archive including: a) where the product is certified for conformity and make proper disclosure rules according to the method outlined in paragraph 1 article 15 of this circular:-A publication of registered conformity;

-Notice to receive a proper disclosure rules;

-The certificate of conformity;

-Product test results;

-The samples conformity marks used.

b) where the product was made according to the rules of combination mode of publication referred to in paragraph 2 of article 15 of this circular:-A publication of registered conformity;

-Notice to receive a proper disclosure rules;

-Product test results;

-The samples conformity marks used.

3. conformity certification organizations must establish shared track and report to the Department of telecommunications activity results certified conformity and conformity marks issued periodically six (06) months a (01) times in the first week of the quarter and the third quarter or irregularly when required. The reporting form is prescribed in annex VII of this circular.

Article 26. Monitoring of conformity certification organization for the product is certified for conformity 1. Monitoring of conformity certification organization for the product is certified for conformity to the purpose test, tracking the use of conformity marks and maintains the quality of products of the Organization, the individual products have been certified for conformity.

2. Depending on the method of certification of conformity, conformity certification organization will build planning, content monitoring, telecommunications Bureau, reporting and monitoring implementation with products that have been certified for conformity. The monitoring is done periodically not exceeding twelve (12) months/one (1) or irregularly at the request of the competent State bodies or when there are complaints from consumers about product quality is certified for conformity.

3. organizations, individual business, manufacturing products have been certified conformity is responsible, in coordination with the Organization conformity certificate comply with the implementation of the monitoring according to the provisions in paragraph 2 of this Article.

Chapter VI ORGANIZATION of the IMPLEMENTATION of article 27. The responsibility of the governing body 1. The Telecommunication Bureau is responsible for: a) chaired the Guide, check the conformity certification institutions and organizations, individuals made this circular.

b) chaired the tutorial method, process, certification and disclosure cases attributed to the unit concerned;

c) enacting and monitoring process instructions for the product is certified for conformity, conformity announced;

d) instructions to apply the change related to technical regulation and planning of radio frequency spectrum for the conformity certification organizations and institutions and individuals concerned;

DD) issued and implemented procedures unilaterally admit foreign test units to serve the conformity certificate. Report the Ministry of information and communication and publication list of the unit test to be admitted;

e) publicly on electronic information page (website) content related to certification and conformity announced, including: conformity certification organizations; the measuring unit; method, process, procedure, and certification of reception venues announced conformity; the granting and revocation of the certificate of conformity, conformity mark usage rights; information about the operation announced conformity;

g) coordinate with relevant agencies inspection organization, check the conformity certification activities, announced the conformity for products, goods is likely to cause loss of safety are the responsibility of management of the Ministry of information and communications;

h) research, proposed the Ministry of information and communication, the appropriate policy related to the certificate of conformity and publication;

I) General, reported the Ministry of information and communication, the situation the certification and conformity of products announced on nationwide periodically six (06) months or irregularly when required.

2. The Department of information and communications is responsible for: a) and check the implementation of the rules on certification and conformity of the Organization announced, local individuals and areas of management responsibility;

b) supervising the use of conformity marks and maintains the quality of products, individual organizations in the area of management on the basis of A proper disclosure rules.

c) detects and reflects the operational management issues the certificate of conformity and publication; report and proposals to the Ministry of information and communication measures for enforcing local management.

Article 28. Enforcement instructions 1. This circular effect since October 1, 2012 and replace the circular 06/2009/TT-BTTTT, on 24 March 2009 by the Minister of information and media accreditation rules on conformity and conformity for specialized products in information technology and communications.

2. Office, Director of science and technology, Director of Department of telecommunications, the heads of the agencies and units of the Ministry, Director of the Department of information and media and organizations, the individual concerned is responsible for the implementation of this circular.

3. in the implementation process, if there are difficulties and obstacles, the agencies, organizations and individuals that reflect timely information and communication Ministry to consider, resolve./.