Circular No. 30/2011/TT-BTTTT is a legal document guiding the principles of conformity certification and announcement of conformity for information technology products and goods under the Ministry of Information and Communications (MIC) of Vietnam. This circular has undergone two amendments to align with updates in legal documents guiding the implementation of the Law on Product Quality. Let's explore an overview of Circular 30/2011/TT-BTTTT and some unique legal analyses from ExtendMax's experts below.
Overview of Circular No. 30/2011/TT-BTTTT
| Original number | 30/2011/TT-BTTTT |
| Amendment and supplement | |
| Issuing authority | Vietnam MIC |
| Validity status | Still valid |
| Previous version | 06/2009/TT-BTTTT |
| Replacement version | N/A |
| Consolidate version number | 02/2020/VBHN-BTTTT |
Insights from Circular 30/2011/TT-BTTTT
CEO ExtendMax - Trần Thanh Phương (Alex) - Leading expert in Conformity Certification and Conformity Declaration
Circular No. 30/2011/TT-BTTTT is a regulatory document providing guidelines on the principles of conformity certification and the announcement of conformity for information technology products and goods under the Ministry of Information and Communications (MoIC). In response to amendments specified in Decree No. 74/2018/ND-CP, the MoIC issued the first revised and supplemented version of this circular, numbered Circular 15/2018/TT-BTTTT. By 2020, to meet the new conditions regarding conformity certification, the MoIC issued the second revised and supplemented version, numbered Circular 10/2020/TT-BTTTT.
Currently, Circular 30/2011/TT-BTTTT has several differing provisions compared to Circular 02/2024/TT-BTTTT of the MIC, specifically as follows:
| Differing content | Content specified by Circular 30/2011/TT-BTTTT | Content specified by Circular 02/2024/TT-BTTTT |
| Testing results serving the conformity announcement for the Standard QCVN 132:2022/BTTTT |
2.[7] The measurement and testing units serving the conformity announcement activities are those designated or recognized units, or units that have registered for testing activities according to Decree No. 107/2016/ND-CP dated July 1, 2016, of the Government on conditions for providing conformity assessment services. (Excerpt from Clause 2, Article 5)
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(12) The measurement/testing reports from domestic or foreign laboratories that have not been designated or recognized, or the measurement/testing results from manufacturers, shall not be used to assess conformity with this technical regulation. (Excerpt from Note 12, Appendix 2)
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| Cases exempt from conformity certification |
Products and goods that are not radio transmitting or transceiver equipment, produced domestically or imported for use by the manufacturing or importing organization or individual. (Excerpt from Clause 2, Article 8)
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1. Products and goods listed in Items 1 and 2 of Appendix II issued with this Circular, which integrate short-range radio equipment specified in Item 2 of Appendix I or Item 4 of Appendix II issued with this Circular and do not integrate other radio transmitting or transceiver equipment, are exempt from conformity certification and announcement of conformity if they simultaneously meet the following requirements: a) Imported for use by the importing organization or individual; b) A maximum of three (3) products or goods of each type per shipment is imported; (Excerpt from Clause 1, Article 5)
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The full text of Consolidated Circular No. 30/2011/TT-BTTTT
Link to download original version from government website: https://congbao.chinhphu.vn/thuoc-tinh-van-ban-so-02-vbhn-btttt-31932?cbid=32324
| THE MINISTRY OF INFORMATION AND COMMUNICATIONS | THE SOCIALIST REPUBLIC OF VIETNAM |
| No. 02/2020/VBHN-BTTTT | Hanoi, August 11, 2020 |
CIRCULAR
CERTIFICATION AND DECLARATION OF CONFORMITY OF INFORMATION TECHNOLOGY AND COMMUNICATIONS GOODS AND PRODUCTS
The Circular No. 30/2011/TT-BTTTT dated October 31, 2011 of the Ministry of Information and Communications on certification and declaration of conformity of information technology and communications goods and products, which comes into force from January 01, 2012, is amended by:
The Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Ministry of Information and Communications on amendments to 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 goods and products, which comes into force from January 01, 2019;
The Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
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 Regulations and Standards 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 Regulations and Standards; 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 Regulations and Standards;
Pursuant to 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; 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;
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,
The Minister of Information and Communications hereby promulgates a Circular on amendments to 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 goods and products.[1] [2]
Chapter I
GENERAL
Article 1. Scope and regulated entities
1. Scope: This Circular provides for certification and declaration of conformity of information technology and communications goods and products (hereinafter referred to as “products”) of the Ministry of Information and Communications, including telecommunications equipment; radio transmitters and transceivers; electronic and information technology equipment (except equipment used for national defense and security purposes under law).
Products under Mutual Recognition Agreements concerning certification and declaration of conformity to which Vietnam is a signatory shall be governed by such agreements.
2. Regulated entities: This Circular applies to Vietnamese and foreign organizations and individuals that produce and trade in the products mentioned in Clause 1 of this Article within the territory of Vietnam (hereinafter referred to as “entities”).
Article 2. Definitions
For the purposes of this Circular, the terms below shall be construed as follows:
1. “conformity certification” means the certification of conformity of a product with a technical regulation issued by the Ministry of Information and Communications and/or with a standard compulsorily applied as stipulated by the Ministry of Information and Communications (hereinafter referred to as “technical regulation”) in order to ensure the compatibility of the products in national telecommunications network connection and safety and information security, the satisfaction of the requirements for electromagnetic compatibility, effective and economical utilization of the radio frequency spectrum, safety of human and environment, and protection of user’s interests.
2. “declaration of conformity” means an entity declares the conformity of a product with a corresponding technical regulation to the regulatory agency and consumers after the conformity assessment is done.
3. “product testing” means the determination of one or more technical specification(s) of a product according to corresponding technical regulation(s).
4.[3] “certification body” means a body which is appointed by the Ministry of Information and Communications to certify products on the List of potentially unsafe information technology and communications products under the management of the Ministry of Information and Communications.
5. “testing unit” means a unit that is capable of testing technical specifications of a product according to the corresponding technical regulation.
6. “appointed testing unit” means a testing unit appointed by the Ministry of Information and Communications to carry out testing for conformity certification and declaration purposes.
7. “accredited testing unit” means a foreign testing unit accredited by the Ministry of Information and Communications within the framework of a mutual recognition agreement.
8. [4](abolished).
9. [5]“shipment” means a predetermined quantity of goods which are of the same type, have the same name, uses, brand, category and technical specifications, are supplied by a manufacturer and supported by the same import dossier.
Article 3. [6] (abolished)
Article 4. Agencies in charge of state management of conformity certification and declaration
1. The Vietnam Telecommunications Authority shall perform state management of certification and declaration of conformity of information technology and communications products nationwide.
2. Departments of Information and Communications of provinces and central-affiliated cities (hereinafter referred to as “Departments of Information and Communications”) shall cooperate with the Vietnam Telecommunications Authority in managing conformity certification and declaration within the areas under their management..
Article 5. Testing units serving conformity certification and declaration
1. Testing unit that serves conformity certification means an appointed or accredited unit.
2. [7]Testing unit that serves conformity declaration means an appointed or accredited unit 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.
3. [8](abolished).
4. Testing units shall be responsible to competent authorities for the accuracy of testing results. A testing result is not a substitute for the certificate of conformity or declaration of conformity.
Article 6. Product lists and management methods[9]
1. Lists of potentially unsafe products under the management of the Ministry of Information and Communications include:
a) List of information technology and communications products subject to certification and declaration of conformity;
b) List of information technology and communications products subject to declaration of conformity.
2. Products on the list of “List of information technology and communications products subject to certification and declaration of conformity” shall have their conformity certified and declared and bear the conformity mark.
3. Products on the list of “List of information technology and communications products subject to certification and declaration of conformity” shall have their conformity declared and bear the conformity mark.
Article 7. Cases in which conformity certification is not required
Products on the list referred to in Clause 2 Article 6 of this Circular are not subject to conformity certification in the following cases:
1. Imports classified as carry-on items or cargos for personal uses under law, including electronic and information technology equipment and public land fixed and mobile terminal equipment for telecommunications and Internet services permitted to be provided and used in Vietnam.
2. Products imported or domestically produced for display and exhibition under law; or to be used as samples for research and development purposes or samples for product testing in service of conformity certification.
3. Radio equipment of diplomatic missions, consular missions, representative agencies of international organizations in Vietnam and foreign high-ranking delegations visiting Vietnam that are entitled to diplomatic privileges and immunities; foreign correspondents entering Vietnam to carry out short-term press activities (with press licenses granted by the Ministry of Foreign Affairs); and amateur radio operators.
4. [10]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, which are added by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018.
Article 8. Cases in which conformity declaration is not required
Products on the list referred to in Clauses 2 and 3 Article 6 of this Circular are not subject to conformity declaration in the following cases:
1. Cases not subject to conformity certification specified in Article 7 of this Circular.
2. [11]Products that are not radio transmitters and radio transceivers domestically manufactured or imported to be used by the manufacturer or importer itself.
3. [12]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, which are added by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018.
Article 9. [13] (abolished)
Article 10. Costs of conformity certification and declaration
Every entity has the obligation to pay costs of conformity certification and fees for receipt of declarations of conformity under applicable regulations.
Chapter II
CONFORMITY CERTIFICATION
Article 11. Conformity certification methods[14]
1. Conformity shall be certified using one of the three following methods mentioned in Article 5 of the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Ministry of Science and Technology:
- Method 1: Testing a representative sample.
- Method 5: Testing a representative sample and assessing the manufacturing process; carrying out supervision by testing samples collected from the place of manufacturing or on the market in association with assessment of the manufacturing process.
- Method 7: Testing and assessment of a shipment of products/goods.
2. Principles of application:
a) Method 1: applied to issue the certificate of conformity to products manufactured on the line that has been granted the certificate of quality management system (ISO 9001 or equivalent).
b) Method 5: applied to issue the certificate of conformity to products manufactured on the line that has not yet been granted the certificate of quality management system (ISO 9001 or equivalent) but a product manufacturing and product quality assurance and monitoring process is available for assessment purpose.
c) Method 7: applied to issue the certificate of conformity to products to which Method 1 or Method 5 fails to be applied.
3. The certification method shall be written on the certificate of conformity and serve as the basis for determining scope of the certificate of conformity and method for monitoring and assurance of product quality after certification.
Article 12. Certificate of conformity
1. Certificates of conformity issued by certification bodies are valid nationwide.
2. A certificate of conformity shall be issued to each type of product and is valid for up to three (03) years. Within the effective period of their certificate of conformity, entities may market products in an unlimited quantity.
3. Specimen of the certificate of conformity is provided in the Appendix I hereof.
Article 13. [15] (abolished)
Article 14. [16] (abolished)
Article 15. Conformity declaration methods[17]
1. Regarding products on the list specified in Point b Clause 1 Article 6 of this Circular, the declarant shall submit declare conformity according to the result of conformity self-assessment by the declarant or certification result given by the certification body or the certification body accredited as prescribed by law as prescribed by law. Regarding domestically manufactured products, Point a or 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 a or 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 products on the list specified in Point a Clause 1 Article 6 of this Circular, the declarant shall declare conformity according to the certification result given by the certification body or the certification body accredited 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.
Article 16. Conformity declaration procedures[18]
1. Regarding a domestically manufactured product:
a) The declarant shall prepare 01 set of documents for registration of declaration of conformity as specified in Clause 1 Article 17 and submit it to the receiving authority specified in Clause 3 Article 17 of this Circular.
b) Document processing
b.1. If the documents for registration of declaration of conformity are not adequate as prescribed in Clause 1 Article 17 of this Article, within two (02) working days from the date on which such documents are received, the Vietnam Telecommunications Authority shall request the declarant in writing to provide additional documents. Within fifteen (15) working days from the date on which the 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.2. If the documents for registration of declaration of conformity are adequate as prescribed in Clause 1 Article 17 of this Article, within five (05) working days from the date on which such documents are received, the Vietnam Telecommunications Authority shall verify its validity. To be specific:
b.2.1. If the documents are sufficient and valid, 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 3 hereof).
b.2.2. If the documents are sufficient but invalid, the Vietnam Telecommunications Authority shall provide written explanation for rejection of documents to the declarant.
c) The effective period of the notification of receipt of the declaration of conformity is:
c.1. within three (03) years from the date of signature (if the conformity is declared 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).
c.2. the same as that of the certificate of conformity or within three (03) years from the date of signature (if the conformity is declared 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).
d) Regarding a product that is exempt from having its conformity declared as prescribed in Clause 2 Article 8 of this Circular, the entity shall send a document about purposes of such product and is not required to submit documents for registration of declarations of conformity.
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 Clause 2 Article 4 of the Decree No. 154/2018/ND-CP dated November 09, 2018 and submit it to the receiving authority specified in Clause 3 Article 17 of this Circular or through the National Single Window Portal.
b) Within fifteen (15) working days, the importer shall complete the application as prescribed in Clause 2 Article 17 hereof and submit 01 set of application to the Vietnam Telecommunications Authority as prescribed in Clause 3 Article 17 hereof.
c) Regarding a product that is exempt from having its conformity declared as prescribed in Clause 2 Article 8 of this Circular, the importer shall send a document about purposes of such product and is not required to perform the task specified in Point b of this Clause.
Article 17. Documents for registration of declarations of conformity and receiving authorities[19]
1. Documents for registration of declaration of conformity of a domestically manufactured product include:
a) A declaration of conformity, which is made using the Appendix III hereof.
b) If the organization has not had an enterprise ID number or the individual has not had a PIN, the organization or individual shall submit a copy of one of the following documents together with the documents for registration of declarations of conformity:
b.1. Business registration certificate; Establishment decision/license, Investment certificate/license (if the organization has not had an enterprise ID number);
b.2. ID card/passport (if the individual has not had a PIN number).
The organization or individual 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) If the product is included in the list specified in Point a Clause 1 Article 6 of this Circular: a copy of the certificate of conformity issued to the manufacturer.
dd) If the product is included in the list specified in Point b Clause 1 Article 6 of this Circular:
dd.1. A self-assessment report, containing:
- Name of the organization/individual; address; telephone; fax;
- Name of the product.
- Manufacturer.
- Technical regulation code.
- Number and date of issue of the test report. This test report shall be provided by the testing unit that serves conformity declaration specified in Clause 2 Article 5 of this Circular to the organization or individual that prepares the self-assessment report.
- A conclusion that the product has complied with the technical regulation.
- A commitment that quality of the product has complied with an applicable technical regulation/standard and the organization/individual takes legal responsibility for product quality and self-assessment result.
The self-assessment report shall be prepared according to the conformity self-declaration result or conformity assessment result.
dd.2. Vietnamese or English technical documentation, which sufficiently specifies name, code, specifications and photographs of the product, and manufacturer.
2. Documents for registration of declarations of conformity of imports include:
a) 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.
b) If the imports are included in the list specified in Point a Clause 1 Article 6 of this Circular: A copy of the certificate of conformity issued to the importer or copy of the certificate of conformity issued to the manufacturer, enclosed with a document about the use of certificate of conformity submitted by the manufacturer/manufacturer’s representative in Vietnam to the Vietnam Telecommunications Authority, containing name, address and enterprise ID number of the importer; product code (this document is only submitted once or when any change thereto is made).
c) If the product is included in the list specified in Point b Clause 1 Article 6 of this Circular:
c.1. A self-assessment report prepared by the importer or a copy of the self-assessment report prepared by the manufacturer, enclosed with a document about the use of the self-assessment report submitted by the manufacturer/manufacturer’s representative in Vietnam to the Vietnam Telecommunications Authority, containing name, address and enterprise ID number of the importer; product code (this document is only submitted once or when any change thereto is made). A self-assessment report contains:- Name of the organization/individual; address; telephone; fax;
- Name of the product.
- Manufacturer.
- Technical regulation code.
- Number and date of issue of the test report. This test report shall be provided by the testing unit that serves conformity declaration specified in Clause 2 Article 5 of this Circular to the organization or individual that prepares the self-assessment report.
- A conclusion that the product has complied with the technical regulation.
- A commitment that quality of the product has complied with an applicable technical regulation/standard and the organization/individual takes legal responsibility for product quality and self-assessment result.
The self-assessment report shall be prepared according to the conformity self-declaration result or conformity assessment result.
c.2. Vietnamese or English technical documentation, which sufficiently specifies name, code, specifications and photographs of the product, and manufacturer.
3. Receiving authorities:
Entities shall submit documents:
a) through the online public service portal of a regulatory authority (Vietnam Telecommunications Authority or Ministry of Information and Communications).
b) in person or by post to the Vietnam Telecommunications Authority (Address: 68 Duong Dinh Nghe, Yen Hoa Ward, Cau Giay District, Hanoi City).
Chapter IV
USE OF CONFORMITY MARKS
Article 18. Use of conformity marks
1. Conformity mark is a mark showing the conformity of a product with corresponding technical regulation.
2. Depending on the conformity declaration method mentioned in Article 15 of this Circular, conformity marks include:
a) Conformity marks for products subject to compulsory conformity certification and declaration (made according to the form provided in Appendix V hereof);
b) Conformity marks for products subject to compulsory conformity declaration (made according to the form provided in Appendix VI hereof);
3. [20]The conformity mark is only allowed to be used after it is registered at the Vietnam Telecommunications Authority. In case the conformity mark is invalid, within three (03) working days, the Vietnam Telecommunications Authority shall request the entity in writing to make necessary rectifications.
Article 19. Methods for presenting conformity marks
1. The size of the conformity may vary as long as the ratio is maintained and it is visible to the naked eye.
2. Entities may select the color of conformity marks themselves. Such marks must be single-colored, clear, visible and durable. Entities shall not print any other characters, images or patterns on conformity marks. If wishing to print conformity marks on other materials for attachment or sticking, materials which are disposable and non-reusable should be selected.
3. After conformity declaration, entities shall present conformity marks themselves by printing, attaching or sticking such marks directly on products or their packages or labels in places where such marks are noticeable and legible, and may print such marks in accompanying technical documents.
Article 20. Management of conformity marks
1. Entities using conformity marks shall comply with this Circular and take responsibility to competent agencies for the accuracy of such marks.
2. Every entity that has a product subject to conformity certification shall:
a) Prepare a logbook and submit periodic reports on the use of conformity mark under the guidance of the certification body or ad hoc reports at the request of the competent agency;
b) Report changes of the registered specimen of the conformity mark to conformity declaration-receiving agency. In case the conformity mark is invalid, within ten (10) working days, the conformity declaration-receiving agency shall request the entity in writing to make necessary rectifications.
3. The Telecommunications Department shall instruct relevant units to manage conformity marks under this Article.
Chapter V
MANAGEMENT OF PRODUCTS AFTER CONFORMITY CERTIFICATION AND DECLARATION
Article 21. Responsibilities of entities
1. Organizations and individuals that produce and import products on the list referred to in Clause 2 Article 6 of this Circular may put the products on the domestic market only after obtaining certificates of conformity, declaring conformity and attaching conformity marks on these products.
2. Organizations and individuals that produce and trade in products on the list referred to in Clause 3 Article 6 of this Circular may put the products on the domestic market only after obtaining certificates of conformity, declaring conformity and attaching conformity marks to these products.
3. Entities may not put on the domestic market products not subject to conformity certification as specified in Article 7 and products not subject to conformity declaration as specified in Article 8 of this Circular.
4. Entities that produce and trade in products already certified or declared conformable shall continuously sustain the quality of products as certified or declared and take legal responsibility for the quality of products they supply.
5. In the course of producing or marketing products, if an entity finds that its/his/her products are unconformable with corresponding technical regulations already certified or declared, the entity shall:
a) Promptly notify such unconformity to the competent authority;
b) Take measures to correct such unconformity. When necessary, suspend the marketing of products and recall them;
c) Notify the competent authority of correction results before re-marketing the products.
Article 22. [21] (abolished)
Article 23. Revocation of certificates of conformity and invalidation of conformity marks
1. The certification body shall revoke and invalidate a certificate of conformity and conformity mark already issued to an entity in the following cases:
a) 22 (abolished);
b) The holder of the certificate of conformity fails to comply with regulations on conformity certification and use of conformity marks.
2. The entity shall return the invalidated certificate of conformity (the original) to the certification body and stop using the conformity mark already issued to products.
Article 24. Re-declaration of conformity
1. [22] An entity shall re-declare conformity in the following cases:
a) There is a change of the technical design of the product that has its conformity declared, thereby changing its specifications.
b) There is any change to contents of the documents for registration of declarations of conformity.
c) The certificate of conformity expires.
2. Procedures for conformity re-declaration are specified in Chapter III hereof.
Article 25. Document archiving and reporting
1. Entities shall archive documents and produce them to competent agencies upon request.
2. Documents to be archived include:
a) For products already certified and declared conformable using the method set out in Clause 1 Article 15 of this Circular:
- The registered conformity declaration;
- The notification of receipt of the conformity declaration;
- The certificate of conformity;
- The test report;
- Specimens of conformity marks already used.
b/ For products already declared conformable using the method set out in Clause 2 Article 15 of this Circular:
- The registered conformity declaration;
- The notification of receipt of the conformity declaration;
- The test report;
- Specimens of conformity marks already used.
3. The certification body shall prepare logbooks and reports to the Telecommunications Department conformity certification results and issuance of conformity marks every six (06) months in the first weeks of the first and third quarters or on an ad hoc basis upon request. The form of the report is provided in Appendix VII hereof.
Article 26. [23] (abolished)
Chapter VI
IMPLEMENTATION
Article 27. Responsibilities of competent authorities
1. The Vietnam Telecommunications Authority shall:
a) preside over providing guidance on and inspecting the implementation of this Circular by certification bodies and relevant entities;
b) preside over providing guidance on methods and procedures for conformity certification and declaration to relevant units;
c) 25 (abolished);
d) 26 (abolished);
dd) 27 (abolished)
e) 28 (abolished);
g) cooperate with relevant units in organizing inspection of certification and declaration of conformity of potentially unsafe products under the management of the Ministry of Information and Communications;
h) consider and recommend appropriate policies on conformity certification and declaration to the Ministry of Information and Communications;
i) submit consolidated reports to the Ministry of Information and Communications on conformity certification and declaration nationwide every six (06) months or on ad hoc basis upon request.
2. Departments of Information and Communications shall:
a) inspect the implementation of regulations on conformity certification and declaration by entities within their provinces and in the fields under their management;
b) supervise the use of conformity marks and maintenance of product quality by entities within their provinces on the basis of declarations of conformity.
c) discover and report issues concerning management of conformity certification and declaration; report and recommend management methods to the Ministry of Information and Communications.
Article 28. Effect [24] [25]
1. This Circular comes into force from July 01, 2012 and replaces the Circular No. 06/2009/TT-BTTTT dated March 24, 2009 of the Minister of Information and Communications.
2. Director of Vietnam Telecommunications Authority, heads of agencies and units affiliated to the Ministry of Information and Communications, directors of information and communications authorities in provinces and central-affiliated cities, and relevant organizations and individuals are responsible for the implementation of this Circular.
3. Any unexpired certificate of conformity or Notification of receipt of declaration of conformity issued prior to the effective date of this Circular shall remain effective until its expiry..
4. Difficulties that arise during the implementation of this Circular should be promptly reported to the Vietnam Telecommunications Authority affiliated to the Ministry of Information and Communications for consideration and resolution./.
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| CERTIFIED BY THE MINISTER |
[1] The Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products is promulgated pursuant to:
“The Law on Telecommunications dated November 23, 2009;
The Law on Radio Frequency dated November 23, 2009;
The Law on Technical Regulations and Standards dated June 29, 2006;
The Law on Quality of Products and Goods dated November 21, 2007;
The Government's Decree No. 127/2007/ND-CP dated August 01, 2007 on guidelines for some Articles of the Law on Technical Regulations and Standards; 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 Regulations and Standards;
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; 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;
The Government's Decree No. 25/2011/ND-CP dated April 06, 2011 on guidelines for some Articles of the Law on Telecommunications;
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,
The Minister of Information and Communications hereby promulgates a Circular on amendments to 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 goods and products.”
[2] The Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Ministry of Information and Communications on amendments to 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 goods and products is promulgated pursuant to:
“The Law on Telecommunications dated November 23, 2009;
The Law on Radio Frequency dated November 23, 2009;
The Law on Technical Regulations and Standards dated June 29, 2006;
The Law on Quality of Products and Goods dated November 21, 2007;
The Government's Decree No. 127/2007/ND-CP dated August 01, 2007 on guidelines for some Articles of the Law on Technical Regulations and Standards; 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 Regulations and Standards;
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; 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;
The Government's Decree No. 25/2011/ND-CP dated April 06, 2011 on guidelines for some Articles of the Law on Telecommunications; the Government’s Decree No. 81/2016/ND-CP dated July 01, 2016 on amendments to the Governments Decree No. 25/2011/ND-CP of April 6, 2011 on guidelines for some Articles of the Law on Telecommunications, and the Government’s Decree No. 49/2017/ND-CP dated April 24, 2017 amendments to Article 15 of the Government’s Decree No. 25/2011/ND-CP dated April 06, 2011 elaborating and guiding the implementation 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 in posts, telecommunications, information technology and radio frequency sectors;
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 Director General of the Vietnam Telecommunications Authority and the Director General of the Department of Legal Affairs,
The Minister of Information and Communications hereby promulgates a Circular on amendments to 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 goods and products.”
[3] This Clause is amended by Clause 1 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[4] This Clause is abolished by Clause 16 Article 1 of the Circular No. 10/2020/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from January 01, 2019.
[5] This Clause is amended by Clause 1 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[6] This Clause is abolished by Clause 9 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[7] This Clause is amended and added by Clause 1 Article 1 of the Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from January 01, 2019.
[8] This Clause is abolished by Clause 16 Article 1 of the Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from January 01, 2019.
[9] This Article is amended and added by Clause 2 Article 1 of the Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from January 01, 2019.
[10] This Clause is amended by Clause 3 Article 1 of the Circular No. 15/2018/TT-BTTTT dated May 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2019.
[11] This Clause is amended and added by Clause 4 Article 1 of the Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from January 01, 2019.
[12] This Clause is amended and added by Clause 4 Article 1 of the Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from January 01, 2019.
[13] This Article is abolished by Clause 9 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[14] This Article is amended and added by Clause 2 Article 1 of the Circular No. 10/2020/TT-BTTTT dated November 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[15] This Article is abolished by Clause 9 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[16] This Article is abolished by Clause 9 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[17] This Clause is amended and added by Clause 8 Article 1 of the Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from January 01, 2019.
[18] This Clause is amended by Clause 3 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[19] This Article is amended by Clause 4 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[20] This Clause is amended by Clause 5 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[21] This Article is abolished by Clause 9 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[22] This Clause is amended and added by Clause 6 Article 1 of the Circular No. 10/2020/TT-BTTTT dated November 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[23] This Article is abolished by Clause 9 Article 1 of the Circular No. 10/2020/TT-BTTTT dated May 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020.
[24] Articles 2, 3 and 4 of the Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from January 01, 2019, stipulate that:
“Article 2. Implementation
Director of Vietnam Telecommunications Authority, heads of agencies and units affiliated to the Ministry of Information and Communications, directors of information and communications authorities in provinces and central-affiliated cities, and relevant organizations and individuals are responsible for the implementation of this Circular.
Article 3. Effect
1. This Circular comes into force from January 01, 2019.
2. Any notification of receipt of the declaration of conformity issued prior to the effective date of this Circular shall remain effective until its expiry.
Article 4. Responsibility for implementation
Difficulties that arise during the implementation of this Circular should be promptly reported to the Vietnam Telecommunications Authority affiliated to the Ministry of Information and Communications for consideration and resolution./..
[25] Articles 2, 3 and 4 of the Circular No. 10/2020/TT-BTTTT dated November 07, 2020 of the Minister of Information and Communications on amendments to 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 goods and products, which comes into force from July 01, 2020, stipulate that:
“Article 2. Implementation
Director of Vietnam Telecommunications Authority, heads of agencies and units affiliated to the Ministry of Information and Communications, directors of information and communications authorities in provinces and central-affiliated cities, and relevant organizations and individuals are responsible for the implementation of this Circular.
Article 3. Effect
1. This Circular comes into force from July 01, 2020.
2. Clause 5, Clause 7, Clause 9, Clause 10 and Clause 12 Article 1 of the Circular No. 15/2018/TT-BTTTT dated November 15, 2018 of the Minister of Information and Communications on amendments to 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 goods and products are abolished.
3. Any unexpired certificate of conformity or Notification of receipt of declaration of conformity issued prior to the effective date of this Circular shall remain effective until its expiry.
Article 4. Responsibility for implementation
Difficulties that arise during the implementation of this Circular should be promptly reported to the Vietnam Telecommunications Authority affiliated to the Ministry of Information and Communications for consideration and resolution./.”
