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CIRCULAR

VERIFICATION OF TELECOMMUNICATIONS EQUIPMENT AND RADIO STATIONS

THE MINISTER OF INFORMATION AND COMMUNICATIONS

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

Pursuant to the Law on Radio Frequencies 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. 25/2011/ND-CP dated April 06, 2011 on elaboration of 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 and Decree No. 49/2017/ND-CP dated April 24, 2017 on amendments to Article 15 of the Decree No. 25/2011/ND-CP and Article 30 of Government’s Decree No. 174/2013/ND-CP dated November 13, 2013 on penalties for administrative violations against regulations on post and telecommunications, information technology and radio frequency;

Pursuant to the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007 on elaboration of some Articles of the Law on Technical Regulations and Standards; Government’s Decree No. 67/2009/ND-CP dated August 03, 2009 on amendments to some Articles of the Decree No. 127/2007/ND-CP and Decree No. 132/2008/ND-CP dated December 31, 2008 on amendments to some Articles of the Law on Quality of Products and Goods; 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 on elaboration of some Articles of the Law on Technical Standards and Regulations;

Pursuant to the Government’s Decree No. 132/2018/ND-CP dated December 31, 2018 on elaboration of 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 Government's Decree No. 132/2018/ND-CP dated December 31, 2018 on elaboration of Articles of the Law on Quality of Products and Goods;

Pursuant to the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016 on conditions for provision of conformity assessment services;

Pursuant to the Government’s Decree No. 17/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the request of the Director of the Vietnam Telecommunications Authority,

The Minister of Information and Communications hereby promulgates a Circular on verification of telecommunications equipment and radio stations.

Chapter I

GENERAL

Article 1. Scope and regulated entities

1. This Circular provides for verification of telecommunications equipment and radio stations.

2. This Circular applies to organizations and enterprises that manage and operate telecommunications equipment and radio stations on the “List of telecommunications equipment and radio stations subject to mandatory verification” (hereinafter referred to as “organizations and enterprises”).

3. Organizations and enterprises are encouraged to verify telecommunications equipment and radio stations that are not included in the “List of telecommunications equipment and radio stations subject to mandatory verification” in accordance with regulations of this Circular.

Article 2. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “telecommunications equipment subject to mandatory verification” includes network equipment and equipment used to measure and calculate service charges that are included in the “List of telecommunications equipment and radio stations subject to mandatory verification”.

2. “radio station subject to mandatory verification” means one or a combination of radio equipment, including associated equipment which is deployed to provide radio communication services and included in the “List of telecommunications equipment and radio stations subject to mandatory verification”.

3. “verification of telecommunications equipment and radio stations” (hereinafter referred to as “verification”) means testing and certification of conformity of telecommunications equipment and radio stations with national technical regulations. Verification will neither substitute nor reduce the responsibility of organizations and enterprises for the quality and safety of telecommunications equipment and radio stations in accordance with regulations of law.

4. “certification of telecommunications equipment and radio stations” means the appraisal and issuance of certificates of verification of telecommunications equipment and radio stations conformable with national technical regulations (hereinafter referred to as “verification certificates”).

5. “supervision of telecommunications equipment and radio stations after issuance of verification certificates” (hereinafter referred to as “supervision”) means the physical comparison of telecommunications equipment and radio stations with those specified in the appraisal and measurement dossier if the telecommunications equipment and radio stations potentially threaten electromagnetic field safety.

Article 3. Verification organizations

An organization verifying telecommunications equipment and radio stations (hereinafter referred to as the “verification organization”) is a public service provider that provides technical services, is affiliated to a regulatory agency, satisfies all conditions for provision of verification services and is assigned by the Ministry of Information and Communications to carry out verification.

Article 4. Telecommunications equipment and radio station testing units

A telecommunications equipment and radio station testing unit (hereinafter referred to as “testing unit”) is an unit that is established, granted the certificate of registration of commodity quality testing in accordance with regulations of law and appointed by the Ministry of Information and Communications to test telecommunications equipment and radio stations.

Article 5. List of telecommunications equipment and radio stations subject mandatory verification

In each period, the Ministry of Information and Communications shall promulgate a “List of telecommunications equipment and radio stations subject mandatory verification” in conformity with telecommunications infrastructure management policies and requirements and developments of telecommunications infrastructure.

Chapter II

VERIFICATION CONTENTS AND PROCEDURES

Article 6. Cases of verification

1. First-time verification:

Regarding telecommunications equipment and radio stations on the “List of telecommunications and radio stations subject to mandatory verification”: organizations and enterprises shall verify telecommunications equipment and radio stations according to the procedures specified in Article 7 hereof before putting them into use.

2. Re-verification:

a) Regarding verified telecommunications equipment and radio stations: At least sixty (60) days before the expiry date written on the verification certificate, the enterprise shall carry out re-verification according to the procedures specified in Article 7 hereof.

b) Regarding verified telecommunications equipment and radio stations: If the change of specifications is not made within permissible limits or changes to a nearby construction work threaten electromagnetic field safety, the certificate of verification of such telecommunication equipment or radio station will be expired and the organization or enterprise shall suspend its operation and rectify deficiencies and re-verify the telecommunication equipment or radio station according to the procedures specified in Article 7 hereof.

c) If the telecommunications equipment or radio station has been verified and has its safety limits specified in the verification certificate: If the change of specifications is made within permissible limits, the organization or enterprise are not required to re-verify the telecommunications equipment or radio station and ensure its safety.

3. Irregular verification:

Irregular verification shall be carried out at the request of a competent authority or at the request of an organization or enterprise that manages and operates telecommunications equipment and radio stations or after the deficiency rectification is done.

Article 7. Procedures for appraisal and issuance of verification certificate

1. An application for appraisal and issuance of the verification certificate includes:

a) An application form for verification, which is made as prescribed in the Appendix 01;

b) A testing report, which is prepared by the testing unit specified in Article 4 hereof;

c) Description and instruction manual for the telecommunications equipment or radio station (in case of first-time verification).

2. The application shall be submitted to the verification organization, whether in person, by post or online.

3. Within five (05) working days from the date on which the organization or enterprise submits a satisfactory application specified in Clause 1 of this Article, the verification organization shall send the organization or enterprise a written notice of application receipt and fees for appraisal of conditions for provision of telecommunications services with regard to telecommunications equipment and radio stations (hereinafter referred to as “appraisal fees”).

4. Within thirty (30) days from the date on which the organization or enterprise pays appraisal fees as prescribed in Article 9 hereof, the verification organization shall carry out appraisal and issue the verification certificate.

5. If any non-conformity is found during the appraisal, the verification organization shall send a written notice of non-conformities to the organization or enterprise. Within twenty (20) days from the receipt of the written notice, the organization or enterprise shall correct non-conformities and submit a correction dossier to the verification organization in order for it to continue to carry out appraisal and issue the verification certificate within ten (10) days. In case of failure to submit the correction dossier within the aforementioned time limit, the verification organization is entitled to refuse to carry out appraisal, is not required to return appraisal fees and shall send a written notice to the organization or enterprise.

6. Within thirty (30) days from the date on which the telecommunications equipment or radio station is granted the verification certificate, the organization or enterprise shall post the copy of the verification certificate in a noticeable place outside the telecommunications equipment center or radio station.

Article 8. Supervision of telecommunications equipment and radio stations granted the verification certificate

1. The verification organization shall supervise and cooperate with regulatory agencies in supervising telecommunications equipment and radio stations granted the verification certificate before putting them into use.

2. The verification organization shall notify regulatory agencies if it is found that telecommunications equipment and radio stations granted the verification certificate are no longer conformable with national technical regulations.

Article 9. Appraisal fees

1. The organization or enterprise shall pay appraisal fees to the verification organization within fifteen (15) days from the date on which the verification organization sends a notice of appraisal fees. In case of failure to pay within the aforementioned time limit, the verification organization is entitled to refuse to carry out appraisal and shall send a written notice to the organization or enterprise.

2. The appraisal fees for telecommunications equipment and radio stations on the “List of telecommunications equipment and radio stations subject to mandatory verification” shall comply with regulations of the Ministry of Finance.

3. If the appraisal is carried out at the request of the organization or enterprise for telecommunications equipment and radio stations that are not included in the “List of telecommunications equipment and radio stations subject to mandatory verification”, the appraisal fees shall be determined by agreement between the verification and the organization or enterprise.

Chapter III

IMPLEMENTATION

Article 10. Responsibility for state management of verification

1. The Vietnam Telecommunications Authority shall:

a) instruct provincial Departments of Information and Communications and relevant organizations and enterprises to implement this Circular;

b) inspect the compliance with regulations on verification by organizations, enterprises and verification organizations nationwide;

c) establish database of verification carried out nationwide;

d) publish information about verification organizations on its website;

dd) submit consolidated reports on verification carried out nationwide to the Ministry of Information and Communications;

e) consider proposing appropriate policies related to verification to the Ministry of Information and Communications.

2. Information and communications authorities in provinces and central-affiliated cities (hereinafter referred to as “Departments of Information and Communications) shall:

a) regularly supervise the verification within their provinces according to actual conditions and information updated on the website of the Vietnam Telecommunications Authority;

b) inspect the compliance with regulations on verification by organizations and enterprises within their provinces;

c) detect and report issues concerning verification of telecommunications equipment and radio stations, report and propose resolution of such issues to the Ministry of Information and Communications.

Article 11. Responsibilities of verification organizations

Verification organizations shall:

1. carry out appraisal and supervision, issue and revoke verification certificates in accordance with regulations of law.

2. establish database to online update telecommunications equipment and radio stations testing results given by the testing unit.

3. publish verification contents on their website, including: Forms of applications for appraisal; procedures for appraisal and issuance of verification certificates; information about the telecommunications equipment and radio stations that have been suspended, granted or not been granted verification certificates or had its verification certificates revoked.

4. take legal responsibility for results of appraisal and issuance of verification certificates.

5. establish database of verified telecommunications equipment and radio stations.

6. submit quarterly consolidated physical or online reports on verification of telecommunications equipment and radio stations to the Vietnam Telecommunications Authority.

7. report verification contents at the request of the competent authority.

Article 12. Responsibilities of organizations and enterprises

Organizations and enterprises shall:

1. comply with regulations on verification specified in this Circular and relevant documents.

2. maintain and ensure conformity of telecommunications equipment and radio stations with national technical regulations after they are verified.

3. adopt the following measures if it is found that telecommunications equipment and radio stations are not conformable with corresponding national technical regulations during the use thereof:

a) quickly correct non-conformities, in the case specified in Point b Clause 2 Article 6 hereof, it is required to suspend the telecommunications equipment and radio stations;

b) report non-conformities and non-conformity correction results to the Department of Information and Communications of the province where the telecommunications equipment and radio stations are available.

4. be subject to inspection by and submit reports on verification at the request of the Ministry of Information and Communications (Vietnam Telecommunications Authority) and Departments of Information and Communications.

Article 13. Transitional clause

If the appraisal fees for telecommunications equipment and radio stations have been paid but they have not been verified before the effective date of this Circular, verification organizations shall continue to complete the verification thereof in accordance with regulations on verification that are effective at the time of paying appraisal fees.

Article 14. Effect

This Circular comes into force from June 01, 2020 and replaces the Circular No. 16/2011/TT-BTTTT dated June 30, 2011 of the Minister of Information and Communications.

Article 15. Responsibility for implementation

1. The Director of the Vietnam Telecommunications Authority, heads of authorities and units affiliated to the Ministry of Information and Communications, Directors of provincial Departments of Information and Communications, verification organizations, heads of organizations and enterprises and individuals concerned are responsible for the implementation of this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications for consideration./.

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