On September 5, 2023, the Ministry of Information and Communications issued Circular No. 10/2023/TT-BTTTT temporarily suspending the enforcement of a number of QCVN technical regulation (partial or whole) applicable to 5G, WiFi, NFC, wireless charging devices, some marine equipment and a few other types of equipment to remove obstacles in implementing conformity certification, declaration of conformity and product quality inspection according to Circular No. 04/2023/TT-BTTTT. As ExtendMax analyzed and predicted in a previous article about the problems when implementing Circular 04/2023/TT-BTTTT, based on the technical conditions and capacity of domestic testing laboratories and regulations, base on Law on promulgation of legal documents, the Ministry of Information and Communications has issued documents at the circular level to temporarily remove obstacles in certification of conformity, announcement of conformity and state quality inspection in each stage period for 5G devices and other devices where domestic testing capacity has not met the test method requirements in national technical regulations. Summary of the content of Circular 10/2023/TT-BTTTT is as follows:
Key features of the Circular No. 10/2023/TT-BTTTT
1) Temporarily suspend enforcement of a number of QCVN national technical regulations
(Temporarily, certification of conformity and announcement of conformity to these QCVNs are not required during the period of temporary suspension period)
- Temporarily suspend enforcement of QCVNs applicable to 5G terminal devices, 5G phones, 5G base stations including QCVN 127:2021/BTTTT, QCVN 128:2021/BTTTT, QCVN 129:2021/BTTTT, QCVN 18:2022 /BTTTT until December 31, 2023.
- Temporarily suspending enforcement of QCVNs on emissions for equipment used in the maritime industry because domestic testing conditions have not been met, as well as there are no foreign testing laboratories recognized under the MRA as of today till June 30, 2024.
- Temporarily suspending enforcement of testing under extreme conditions (critical conditions) (suspending a part of the technical regulations) for 2G/3G/4G terminals and phones, WiFi devices, NFC devices, wireless devices short-distance routes, wireless charging...until December 31, 2023 or June 30, 2024 (depending on device type and applicable standards).
- Temporarily suspend testing requirements that domestic testing laboratories may not able to test (suspending a part of technical regulations) for NB-IoT devices and SHF
2) The period of suspension of enforcement
Circular 10/2023/TT-BTTTT takes effect from the date of signing and applies to cases that have registered for quality inspection in the period from July 15, 2023 to present and have not yet been completed the procedures to obtain type approval certificate and declaration of conformity process.
3) When the period of temporary suspension ends
- If the product has not been certified or declared conformity with all applicable technical regulations, the enterprise will have to perform supplemental certification of conformity, declaration of conformity or re-certification.
- If the product has been type approved and declared for conformity according to Circular 04/2023/TT-BTTTT (testing and certification with full technical regulations, including testing under critical conditions), The certificate of conformity or the Notice of receipt of declaration of conformity will continue to be valid until the expiration date stated on the certificate.
ExtendMax's comments
1) Circular 10/2023/TT-BTTTT "temporarily suspends the application of implementing regulations" for some regulations, or parts of technical regulations. This means:
During the temporary suspension of enforcement regulations, enterprises are not required to check quality, certify conformity, and declare conformity for technical regulations whose enforcement is temporarily suspended.
If the enterprise has enough conditions to fully test applicable technical regulations (including regulations whose enforcement is temporarily suspended), the enterprise can still certify and declare conformity with regulations. Fully applicable technical regulations so that the certificate of conformity has longer-term validity
2) To indentify certificates issued according to Circular No. 10/2023/TT-BTTTT and certificates issued with full technical regulations according to Circular 04/2023/TT-BTTTT, it is expected that the Center Telecom Metrology and Quality center of the VNTA will clearly note on the certificate the validity period and legal basis.
3) It is expected that by the end of September 2023 there will be a domestic testing laboratory accredited and designated by Vietnam MIC to test 5G NR terminals. Currently, there are also many domestic testing laboratories that can test under extreme conditions for WiFi, 2G/3G/4G devices... This may be the reason why 5G terminal devices, phones 5G, 5G base stations, terminals and 2G/3G/4G phones, WiFi devices are only temporarily suspended for some QCVN standards until December 31, 2023.
4) For marine equipment, in the event that the domestic testing laboratory is still not qualified for testing and there is no accredited testing laboratory for the specifications for the emission part, it is believed that the MIC will temporarily not regulate the enforcement of these standards in the next version of the circular regulating the list of group 2 goods managed by the MIC.
5) Wireless charger are not truly an information technology devices, but only devices that transmit energy through electromagnetic waves by induced current. As a result, these products are not technically designed to have an antenna port (RF port) so it is very complicated to be converted in to a "conducted sample" and test it under extreme conditions. For European (CE) regulations, wireless charging devices are required to be tested according to their own technical standards, not equivalent to QCVN 55:2011/BTTTT or QCVN 55:2023/BTTTT. Currently, we are still unclear about the application of technical regulations to this type of device in the future.
6) Manufacturer and importer may still encounter problems when testing under extreme conditions on big-size devices such as base stations or out-door equipment designed to operate in wide temperature range such as -40℃ ~ 100℃. It is because of the temperature chambers of local labs are small or can run at -20℃ only.
7) The type approval certificate which has been issued before 15-July-2023 and does not contain any expired QCVN standard (like QCVN 65:2013/BTTTT), shall still be valid till expiry date shown on the certificate
Download original version: https://vanban.chinhphu.vn/?pageid=27160&docid=208630
Full contents of the Circular 10/2023/TT-BTTTT
| MINISTRY OF INFORMATION AND COMMUNICATION
No: 10/2023/TT-BTTTT
| THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness
Hanoi, date 05 month 9 year 2023 |
CIRCULAR
Suspension of application on partial/full implementation of a number of national technical regulations in Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of the Minister of Information and Communications regulating the List of products and goods that are likely to cause unsafety are under the management responsibility of the Ministry of Information and Communications
________________________
Pursuant to the Law on quality of products and goods dated November 21th, 2007;
Pursuant to the Law on Telecommunications dated November 23rd, 2009;
Pursuant to the Law on Radio Frequency dated November 23rd, 2009; Law amending and supplementing a number of articles of Law on Radio Frequency dated November 9, 2022;
Pursuant to the Law on Information Technology dated June 29th, 2006;
Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; Law amending and supplementing a number of articles of the Law on Promulgation of Legal Documents dated June 18, 2020;
Pursuant to Decree No. 132/2008/ND-CP dated December 31st, 2008 promulgated by the Government on detailing the implementation of some articles of the Law on quality of products and goods, Decree No. 74/2018/ND-CP dated March 05th, 2018 promulgated by the Government on amending and supplementing some articles of Decree 132/2008/ND-CP promulgated by the Government on stipulating in detail the implementation of some articles of Law on quality of products and goods;
Pursuant to Decree No. 13/2022/ND-CP dated January 21st, 2022 amending and supplementing some articles of Decree 132/2008/ND-CP dated December 31st, 2008 and Decree No. 74/2018/ND-CP dated March 05th, 2018 promulgated by the Government on stipulating in detail the implementation of some articles of Law on quality of products and goods and Decree No. 86/2012/ND-CP dated October 19th, 2012 of the Government promulgates a number of articles of Law on Measurement.
Pursuant to Decree No. 48/2022/ND-CP dated July 26th, 2022 promulgated by the Government regulating the functions, tasks, authority and organizational structure of the Ministry of Information and Communications;
Pursuant to the proposal of Director General of Department of Science and Technology,
The Minister of Information and Communications promulgates the Circular to suspend the enforcement of regulations on partial/full implementation of a number of technical regulations in Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of the Minister of Information and Communications stipulates the List of potentially unsafe products and goods under the management responsibility of the Ministry of Information and Communications.
Article 1. Suspension of enforcement
1. Suspension of enforcement of partial/full implementation of a number of national technical regulations at points 1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1 .8, 1.1.9, 1.1.10, 1.1.11, 1.1.12, 1.1.14, 2.1, 2.2, 2.3, 2.4 in Appendix I issued together with Circular No. 04/2023/TT-BTTTT dated March 31 May 2023 of the Minister of Information and Communications regulating the List of potentially unsafe products and goods under the management responsibility of the Ministry of Information and Communications with detailed content in Appendix I of this Circular.
2. Suspension of enforcement of partial/full implementation of a number of national technical regulations at points 3.1.1, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.3.3, 3.3 .4, 3.3.5, 3.3.6, 3.3.8, 3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.14, 3.3.15, 4.1, 4.2, 4.3, 4.4 in Appendix II issued with Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of the Minister of Information and Communications regulating the List of potentially unsafe products and goods under the management responsibility of the Ministry of Information and Communications with detailed content in Appendix II of this Circular.
3. Suspension of enforcement period for points 1.1.1, 1.1.2, 1.1.10, 2.1, 2.2, 2.3, 2.4 in Appendix I of this Circular is from the effective date of this Circular until the end of December 31, 2023.
4. Suspension of enforcement period points 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.8, 1.1.9,
1.1.11, 1.1.12, 1.1.14 in Appendix I and points 3.1.1, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.3.3, 3.3.4,
3.3.5, 3.3.6, 3.3.8, 3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.14, 3.3.15, 4.1, 4.2, 4.3, 4.4
in Appendix II of this Circular from the effective date of this Circular until the end of June 30, 2024.
Article 2. Provisions of implementation
This Circular takes effect from the date of signing.
Article 3. Transitional provisions
1. Relevant organizations and individuals are in the process of applying for certificate of coformity, declaration of conformity, and products quality inspection for goods specified in Article 1 of this Circular for import, manufacturing, and trade from the 15-July-2023 to before the effective date of this Circular, shall be allowed to proceed in accordance with this Circular.
2. During the suspension of enforcement period:
Organizations and individuals related to products and goods specified in Article 1 of this Circular are not required to carry out procedures for certification of regulation conformity and declaration of conformity for technical regulations that are suspended.
3. When the suspension of enforcement period ends
a) Relevant organizations and individuals carry out regulation conformity certification, regulation conformity announcement and quality inspection for products and goods specified in Article 1 of this Circular according to the provisions of Circular No. 04 /2023/TT-BTTTT.
b) For products and goods specified in Article 1 of this Circular, which have a certificate of conformity according to Circular No. 04/2023/TT-BTTTT during the period of suspension specified by this Circular, then the certificate of conformity is still valid until the expiry date stated in the certificate.
c) For products and goods specified in Article 1 of this Circular, which have been type approved, conformity declared, quality inspected during the period of suspension, if production or import continues, then must be type approved, conformity declared for additional technical requirements which has been suspended, or must be certified again as conforming to regulations, declared to be conformable to full technical regulations. In case of certifying for additional technical requirements, the expiry date of the certificate of conformity is equal to the expiry date of the original issued certificate.
Article 4. Chief of MIC Office, General Director of Department of Science, Directors of other departments of MIC, Heads of agencies and authorities under the Ministry of Information and Communications, related organizations and individuals shall be responsible for the implementation this Circular. / .
| Recipients: - Prime Minister, the Deputy Prime Minister (for reporting); - The ministries, ministerial-level agencies, Governmental units; - People’s Committees of provinces and cities under Central authority; - Department of Information and Communications provinces and cities under central authority; - Bureau of Legal Normative Documents Post-Review (Ministry of Justice); - Gazette, Government Web portal; - MIC: Ministers and Deputy Ministers, Departments of MIC Web portal of MIC - Archive: Filling, Department of Science and Technology (250).
| THE MINISTER
(Signed and stamped)
Nguyễn Mạnh Hùng |
Annex I
THE LIST OF NATIONAL TECHNICAL REGULATION SUSPENDED FOR PRODUCTS AND GOODS REQUIRING MADATORY TYPE APPROVAL CERTIFICATION AND DECLARATION OF CONFORMITY
(Issued together with Circular No. 10/2023/TT-BTTTT dated 05-Sept-2023 by Minister of Information and Communications)
|
No. |
Names of products and goods | HS codes according to Circular No. 31/2012/TT-BTC |
National technical regulation |
The content of technical regulations suspended |
| 1 | Radio transmitters and transceivers having operate frequency band in 9kHz up to 400GHz range | |||
| 1.1 | Land fixed or mobile radio transmitters and transceivers | |||
|
1.1.1 |
Land mobile terminal equipment | 8517.13.00 8517.14.00 |
QCVN 117:2020/BTTTT |
Technical requirements in extreme test conditions |
| 8517.62.59 | ||||
|
1.1.2 |
Mobile terminal using 5th generation of cellular network (5G) | 8517.13.00 8517.14.00 |
QCVN 127:2021/BTTTT và QCVN 129:2021/BTTTT QCVN 18:2022/BTTTT |
All |
| 8517.62.59 | ||||
| 1.1.3 | GSM mobile communication base station equipment | 8517.61.00 | QCVN 41:2016/BTTTT | Technical requirements in extreme test conditions |
| 1.1.4 | W-CDMA FDD mobile communication base station equipment | 8517.61.00 | QCVN 16:2018/BTTTT | Technical requirements in extreme test conditions |
| 1.1.5 | E-UTRA FDD mobile communication base station equipment | 8517.61.00 | QCVN 110:2017/BTTTT | Technical requirements in extreme test conditions |
|
1.1.6 |
5G NR mobile communication base station equipment |
8517.61.00 | QCVN 128:2021/BTTTT | All |
| QCVN 18:2022/BTTTT | All | |||
| 1.1.8 | W-CDMA FDD repeater | 8517.62.59 | QCVN 66:2018/BTTTT | Technical requirements in extreme test conditions |
| 1.1.9 | E-UTRA FDD repeater | 8517.62.59 | QCVN 111:2017/BTTTT | Technical requirements in extreme test conditions |
| 1.1.10 | 5G NR repeater | 8517.62.59 | QCVN 18:2022/BTTTT | All |
|
1.1.11 |
Radio transmitters and transceiver used for LPWAN | 8517.61.00 8517.62.43 8517.62.59 8517.62.69 8517.62.99 8517.69.00 |
- For devices operate in 920 MHz- 923MHz frequency band: + For device having maximum Tx power up to 25mW ERP: QCVN 122:2020/BTTTT |
Technical requirements in extreme test conditions when used in vehicle |
| 9015.10.90 | ||||
| 9025.19.19 | ||||
| 9025.80.00 | ||||
| 9027.89.90 | ||||
| 8531.10.30 |
|
|
| 8806.21.00 8806.22.00 8806.23.00 8806.24.00 8806.29.00 |
|
|
|
2.4 |
Radio access equipment operating in the 5 GHz band and using spread spectrum modulation techniques having equivalent isotropic radiated output power from 60 mW upwards | 8517.62.51 |
QCVN 65:2021/BTTTT |
Technical requirements in extreme test conditions |
| 8806.21.00 8806.22.00 8806.23.00 8806.24.00 8806.29.00 | ||||
| 8806.21.00 8806.22.00 8806.23.00 8806.24.00 8806.29.00 |
Annex II
THE LIST OF NATIONAL TECHNICAL REGULATION SUSPENDED FOR PRODUCTS AND GOODS REQUIRING MADATORY DECLARATION OF CONFORMITY
(Issued together with Circular No. 10/2023/TT-BTTTT dated 05-Sept-2023 by Minister of Information and Communications)
|
No. |
Names of products and goods | HS codes according to Circular No. 31/2012/TT-BTC |
National technical regulation |
The content of technical regulations suspended |
| 3 | Radio transmitters and transceivers having operating frequency band in between 9 kHz and 400 GHz and output power from 60mW upwards. | |||
| 3.1 | Wireless land fixed or mobile radio transmitters and transceivers | |||
|
3.1.1 |
Super high frequency digital transmission equipment |
8517.62.59 | - Point-to-point SHF equipment using frequency band in between 1.4 GHz – 55 GHz: QCVN 53:2017/BTTTT |
Technical requirements for antenna and technical requirements in extreme test conditions |
| 3.2 | Radio transmitters, transceivers used for satellite communication service (except for mobile devices used in the maritime and aeronautical mobile service) | |||
| 3.2.1 | C-band VSAT equipment | 8517.62.59 | QCVN 38:2011/BTTTT | All |
| 3.2.2 | Ku-band VSAT equipment | 8517.62.59 | QCVN 39:2011/BTTTT | All |
| 3.3 | Radio transmitters, transceivers used for maritime mobile services (including supporting equipment, satellite equipment) | |||
| 3.3.1 | VHF transceiver used for GMDSS coast station | 8517.62.53 |
QCVN 24:2011/BTTTT |
All |
| 8517.62.59 | ||||
| 3.3.2 | Two-way VHF radiotelephone for fixed installation in survival craft | 8517.18.00 | QCVN 26:2011/BTTTT | All |
| 3.3.3 | Inmarsat-C equipment used on vessel. | 8517.62.59 | QCVN 28:2011/BTTTT | All |
| 3.3.4 | VHF radiotelephone used on the survival craft | 8517.18.00 | QCVN 50:2020/BTTTT | All |
|
3.3.5 | Emergency Position Indicating Radio Beacons (EPIRB) operate in 406.0 MHz - 406.1 MHz band |
8526.91.10 | QCVN 57:2018/BTTTT | All |
|
3.3.6 | Personal Emergency Position Indicating Radio Beacons operate in the 406.0 MHz – 406.1 MHz frequency band | 8526.91.10 | QCVN 108:2016/BTTTT | All |
| 8526.91.90 | ||||
| 3.3.8 | Digital Selective Calling (DSC) telephone | 8517.62.59 | QCVN 58:2011/BTTTT | All |
| 3.3.9 | Search and rescue radar transponders (SART) | 8517.62.59 | QCVN 60:2011/BTTTT | All |
|
3.3.10 | Radiotelex equipment used for maritime MF/HF service. |
8517.62.59 | QCVN 62:2011/BTTTT | All |
|
3.3.11 | Automatic Identification System (AIS) equipment used on ship |
8526.91.10 | QCVN 68:2013/BTTTT | All |
| 3.3.12 | Automatic Identification System equipment for search and rescue (AIS SART) | 8517.62.53 | QCVN 107:2016/BTTTT | All |
|
3.3.13 | VHF radio telephone used for maritime mobile service |
8517.18.00 |
QCVN 52:2020/BTTTT |
All |
| 3.3.14 | MF and HF radio telephone | 8517.18.00 | QCVN 59:2011/BTTTT | All |
| 3.3.15 | UHF radio telephone | 8517.18.00 | QCVN 61:2011/BTTTT | All |
| 4 | Short-range radio transmitter and transceiver | |||
|
4.1 | Short-range radio transmitter and transceiver used for non-specific application |
8517.62.59 8517.62.69 | For devices operate in 13,553-13,567 MHz frequency band: QCVN 55: 2011/BTTTT |
Technical requirements in extreme test conditions |
|
4.2 | RFID equipment | 8523.52.00 8523.59.10 | For devices operate in 13,553-13,567 MHz frequency band: QCVN 55: 2011/BTTTT |
Technical requirements in extreme test conditions |
| 8471.60.90 | ||||
|
4.3 | Radar used for roadway or railway traffic application | 8526.10.10 8526.10.90 | For devices operate in 76 GHz - 77 GHz frequency band: QCVN 124:2021/BTTTT |
All |
|
4.4 |
Wireless charger | 8504.40.19 8504.40.90 |
QCVN 55:2011/BTTTT | Technical requirements in extreme test conditions |
