Circular 16/2011/tt-Btttt: Auditing Rules On Telecommunications Equipment And Radio Stations

Original Language Title: Thông tư 16/2011/TT-BTTTT: Quy định về kiểm định thiết bị viễn thông và đài vô tuyến điện

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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 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;

Pursuant to Decree No. 50/2010/ND-CP dated 24 June 2011 the Government's amended 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;

At the suggestion of Director of Department of quality management, information technology and communications, regulations: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular auditing rules on telecommunications equipment and radio stations.

2. This circular apply to the Organization, enterprise management, exploitation of telecommunication equipment, radio stations in the "directory of telecommunication equipment and radio stations forced radio test" stipulated in article 5 of this circular (hereinafter referred to as the Organization, Enterprise). Encourage organizations, enterprises and telecommunications equipment testing, radio stations not belonging to the "directory of telecommunication equipment and radio stations required inspection" under the provisions of this circular.

Article 2. Explanation of terms In this circular the terms below are interpreted as follows: 1. the telecommunications equipment required includes verification of telecommunication network equipment and devices for measuring the tariff must comply with the national technical regulation.

2. Radio Stations required testing is a combinatorial or radio equipment, including devices attached are deployed to implement radio services and must comply with the national technical regulation on safety radio radiation.

3. telecommunications equipment testing and radio stations (hereinafter referred to as accreditation) is the testing and certification of telecommunications equipment and radio stations in accordance with national technical standards. The inspection does not replace and does not reduce the responsibility of the Organization, for the business, the quality safety of telecommunication equipment, radio stations under the provisions of the law.

Article 3. The State administration of inspection 1. Telecommunications Bureau made the task of managing the State accreditation on nationwide under the provisions of this circular and the provisions of relevant laws.

2. Department of information and media cooperation with the telecommunications Bureau the task of governance of local auditing in accountable management.

Article 4. Auditing organization auditing organization of the telecommunication equipment, radio stations (hereinafter referred to as the auditing organization) is the active career technical services in State management bodies are the Ministry of information and media tasked to perform inspection.

Article 5. Directory of telecommunication equipment and radio stations required testing According to time, the Ministry of information and communication issued "category of the telecommunication equipment and radio stations required testing" consistent with policy, regulatory requirements and actual development of specialized infrastructure and telecommunications.

Chapter II CONTENT of the AUDITING PROCEDURE, article 6. Auditing cases 1. First test: a) for telecommunications equipment and radio stations in the "directory of telecommunication equipment and radio stations required inspection" before the installation of new telecommunications equipment, radio stations on the exploitation, use, organization, enterprises should conduct testing according to the procedure specified in article 7 of this circular.

b) for telecommunications equipment, radio stations belonging to the category "telecommunications equipment and radio stations required inspection" was put into use before the effect specified in the category "telecommunications equipment and radio stations forced radio test" but not yet tested , organization, enterprises should conduct the audit as defined in article 9 of this circular.

2. periodic inspection: for telecom equipment and radio stations have been calibrated, before the expiry date indicated on the certificate of inspection for at least three (3) months of the organizations, the enterprises should conduct testing under the procedure provided for in article 7 of this circular.

3. abnormal test: a) for telecommunications equipment and radio stations have been tested but the change exceeds the safe limit allowed in the audit certificate or when the State Agency telecommunications device detection, radio stations no longer appropriate, the national technical regulation within thirty (30) days from the date There is a change or when telecom equipment, radio station is found to no longer match the national technical regulation, enterprises should conduct testing under the procedure provided for in article 7 of this circular.

b) in the case of telecommunication equipment and radio stations have changed but not exceed safe limits are held in auditing auditing certification organizations, enterprises not sure but are responsible to ensure the safety of telecommunications equipment , radio station. Within twenty (20) on the first quarterly, organization, enterprises must report in writing on the change in the previous quarter to the auditing organization granted a certificate of inspection.

Article 7. Test procedure 1. Enterprises pay 1 record suggest direct inspection at the headquarters of the auditing organization or submit resumes through the postal system, delivered to the auditing organization under the time limit stipulated in article 6 of this circular. The records include: a auditing application) (according to the form prescribed in annex of this circular);

b) report on the change of telecommunication equipment, radio stations (for the case of extraordinary inspection prescribed in paragraph 3 article 6 of this circular);

c) product description documents, manuals, installation guide (in the case of types of telecommunication equipment, radio stations suggested the first test).

2. Within a period of ninety (90) days from the date the Organization, complete business audit recommendations and records filed with the audit fee as specified in article 10 of this circular, the auditing organization in cooperation with the Organization, Enterprise auditing implementation auditing process by Ministry of information and communication issued for each type of telecommunication equipment radio stations, in the "directory of telecommunication equipment and radio stations required inspection".

3. within thirty (30) days from the date of the telecommunication equipment, radio stations are issued a certificate of inspection, organization, enterprises must a copy of the certificate of inspection in place telecommunications equipment installation, radio stations.

4. No case audit certification, the auditing organization responsible for notification in writing stating the points not yet fit the national technical regulation and send it to the Organization, enterprise to have the remedy. Within thirty (30) days from the date of notice of the auditing organization, organization, enterprises must overcome the points not yet fit and perform auditing procedures again as first test specified in point a, paragraph 1 article 6 of this circular.

5. In addition to the time limits prescribed in clause 4 of this enterprise, organizations that don't fix the existence and completeness of records, the Organization, the business must cease operations for telecommunications equipment, radio stations.

Article 8. Revocation of the certificate of inspection and the audit certificate case expired 1. Auditing organization performs the recovery auditing certificate level as proposed by the governing body of the State when the State Agency telecommunications device detection, radio stations have been auditing certification but no longer fits with the national technical regulation. Within 30 days from the date the revoked certificate verification, organization, enterprises must complete to fix these points do not fit the standard rules and auditing procedure again the provisions in article 7 of this circular.

2. audit certificates were expired when: a) on the term Too certificate of inspection;

b) inspection certificate is revoked;

c) telecommunication equipment, radio stations have been tested but the change exceeds the safe limit allows auditing certification outlined in;

d) telecommunication equipment, radio stations were moved to a location other than the location recorded on the inspection certificate.

Article 9. Telecommunications equipment testing and radio stations put into use before the effective provisions in the "catalogue of the telecommunication equipment and radio stations required inspection" and not yet tested 1. Within thirty (30) days from the effective date specified in the category "telecommunications equipment and radio stations required inspection", the Organization, the business must send a report in writing on the telecommunications Bureau and have attached a list of telecommunication equipment, radio stations belonging to the category "telecommunications equipment and radio stations required inspection" was put to use but have not been audited.

2. The Ministry of information and communication, specific time limit provisions of the telecommunications equipment testing, radio stations belonging to the category "telecommunications equipment and radio stations required inspection" was put into use before the effect specified in the category "telecommunications equipment and radio stations forced radio test" but not yet tested.

3. procedure for testing telecommunications equipment, radio stations belonging to the category "telecommunications equipment and radio stations required inspection" was put into use before the effect specified in the category "telecommunications equipment and radio stations forced radio test" but not yet calibrated as specified in article 7 of this circular.

Article 10. Auditing fees and charges


1. The organization, Enterprise auditing fees to be paid to the auditing organization before conducting the inspection. The time limit for submission of audit fee is fifteen (15) days from the date of notification of the auditing organization auditing fees. Case of non-business organizations filed timely auditing fees, auditing organizations have the right to refuse inspection and notified in writing to the Organization, the business.

2. organizations, enterprises must submit the certification fee for auditing the auditing organization within fifteen (15) days from the date notice of inspection fees for audit certification.

3. audit Fee and the fee for auditing certification for telecommunications equipment, radio stations in the "directory of telecommunication equipment and radio stations required inspection" performed according to the regulations of the Ministry of finance.

4. auditing organization not refundable inspection fee in the case of telecommunication equipment, radio stations are not audit certification.

5. in case of request of voluntary control of the Organization, for the business of the telecommunication equipment, radio stations not belonging to the "directory of telecommunication equipment and radio stations required on auditing" auditing costs made under the agreement between the Organization and the organizations , business.

Chapter III IMPLEMENTATION article 11. Responsible for managing the State of inspection 1. The Telecommunication Bureau is responsible for: a) guide the Department of information and media, the auditing organization, the institutions and enterprises concerned implementation of this circular;

b) check the organizations, enterprises and institutions of auditing the Executive auditing regulations on nationwide;

c) construction of a database of inspection on the nationwide;

d) publicly on electronic information page (website) about the audit-related content, including: auditing organization; the inspection record form; process, procedures for audit certification; list of telecommunications equipment and radio stations has been issued a certificate of inspection;

DD) General, reported the Ministry of information and communication about the deployment of inspection on the nationwide;

e) research, propose to the Ministry of information and communication, the appropriate policies related to inspection.

2. Department of information and communications is responsible for: a) to regularly monitor the implementation of audit work on the actual management and information are updated on the website of the telecommunications Bureau;

b) examines the Organization, the business of the executive regulations regarding local management auditing;

c) detects and reflects the issues of technical safety, telecommunication reports and proposals to the Ministry of information and communication measures for managing telecommunications equipment and radio stations.

Article 12. Responsibilities of auditing institutions 1. Auditing implementation, and auditing certificate revocation in accordance with regulations. In the auditing process must ensure the security of network, device and does not affect the normal operation of the network.

2. Be responsible before the law on audit results.

3. store the audit records as prescribed in the auditing process by Ministry of information and communication issued.

4. Construction of the database of telecommunication equipment, radio stations have been calibrated to connect to the data base of inspection of the telecommunications Bureau.

5. synthetic monthly report, the Bureau of telecommunications deployment situation inspection.

6. report the content relevant to the inspection at the request of the competent authority.

Article 13. The liability of the Organization, Enterprise 1. Implementation of the regulations on inspection of this circular and related documents.

2. Assigned to the unit or personal clue performed auditing regulations.

3. Maintain and ensure conformity of telecommunications equipment, radio stations according to the requirements of the national technical regulation after being calibrated.

4. in the process of using telecommunications devices and radio stations, when the findings are not consistent with the national technical regulation respectively, they must conduct the following measures: a) to quickly correct the non-conformity, in case it is necessary to stop working for telecom equipment and radio stations;

b) report to the Department of information and media management area has telecommunications equipment, radio stations about the mismatch and results to correct the mismatch.

5. Execute the report mode specified in the audit procedure by the Ministry of information and communication issued.

6. Subject to the check and make reports as required by the telecommunications Bureau and of the Department of information and media about the inspection.

Article 14. Effective enforcement of this circular are effective from January 15, 2011. Abolish circular No. 03/2009/TT-BTTTT, on 24 March 2009 by the Minister of information and communications auditing regulations and publication of conformity for technical projects in telecommunication.

Article 15. Responsibility 1. Director-communications, agency heads, the unit of the Ministry of information and communication, Director of the Department of information and communications of the province, central cities, Director General, Director of organizations, businesses and individuals concerned is responsible for the implementation of this circular.

2. During the implementation process, if there are difficulties and obstacles, organized, timely reflection about personal information and media to consider, resolve./.