On September 15, 2023, the Vietnam MIC organized a workshop to disseminate and guide the implementation of Circular No. 04/2023/TT-BTTTT, Circular No. 10/2023/TT-BTTTT on certification of conformity and declaration of conformity for manufacturers, importers, and testing laboratories at the headquarters of the Vietnam MIC. During the seminar, Director of the Department of Science and Technology of the Ministry of Information and Communications - Mr. Nguyen Khac Lich and representatives of the VNTA has guided attendees on the main contents of Circular No. 04/2023 /TT-BTTTT, Circular No. 10/2023/TT-BTTTT and answer typical questions related to QCVN 63:2020/BTTTT, QCVN 132:2022/BTTTT and some other contents. ExtendMax has sent representative to attend this workshop. Following are the most important contents of the workshop according to our summary:
Key contents of MIC workshop
1) Regarding QCVN 63:2020/BTTTT
Previously, according to MIC official letter No. 2361/BTTTT-KHCN, manufacturers and importers were allowed to use test reports base on chassis (DVB-T2 platform) to perform declaration of conformity for all TV models using that chassis. Currently, MIC official letter No. 2361/BTTTT-KHCN is invalid.
TV manufacturers such as Panasonic, Sony, Casper and importers have reported that testing capacity at testing laboratories designated for QCVN 63:2020/BTTTT standard does not yet meet demand, leading to a prolonged testing period, making it impossible to complete the self-assessment declaration of conformity within 15 working days as required in Decree No. 74/2018/ND-CP.
The representative of the Vietnam MIC has instructions on series model testing solution to save time and cost.
2) Regarding QCVN 132:2022/BTTTT
Currently there are different regulations of the MIC on test reports accepted to be used for declaration of conformity for national technical regulation QCVN 132:2022/BTTTT:
Clause 2, Article 5 of Circular No. 30/2011/TT-BTTTT (amended and supplemented by Circular No. ...) stipulates that "The testing laboratory serving the declaration of conformity is the designated testing laboratory or recognized testing laboratory or testing laboratory registered for testing activities in accordiance with the Decree No. 107/2016/ND-CP"
Clause 5.3, Article 5 of QCVN 132:2022/BTTTT stipulates "Accepting test reports of domestic and foreign testing laboratory accredited with ISO/IEC 17025 standards according to technical requirements corresponding in the IEC 62368-1:2018 standard to assess conformity with this Regulation until otherwise instructed by the Ministry of Information and Communications."
During the workshop, the representative of the Ministry of Information and Communications has confirmed to review and answer the question of whether manufacturers and importing companies can use test report issued by ISO/IEC 17025 accredited foreign testing laboratories to declare conformity to QCVN 132:2022/BTTTT or not
ExtendMax's exclusive comments
According to the Law on Promulgation of Legal Documents No. 80/2015/QH13:
"Article 156. Application of legal documents
2. In cases where legal documents have different provisions on the same issue, the document with higher legal effect shall apply.
3. In case legal documents promulgated by the same agency have different regulations on the same issue, the provisions of the legal document promulgated later shall apply."
QCVN 132:2022/BTTTT issued by Circular No. 24/2022/TT-BTTTT is a legal document on the same level as Circular No. 30/2011/TT-BTTT. In case there are different regulations on testing laboratory and standards accepted for declaration of conformity according to QCVN 132:2022/BTTTT, based on Article 156 of the Law on Promulgation of Normative Documents According to the above-mentioned law, we believe that it is legal to apply Circular No. 24/2022/TT-BTTTT and QCVN 132:2022/BTTTT, which are documents issued later. That also means that we lean towards the opinion that manufacturers and importers are allowed to use test reports of domestic and foreign testing organizations accredited with ISO/IEC 17025 standards, issued according to IEC 62368-1:2018 standard to declare conformity according to QCVN 132:2022/BTTTT until the Ministry of Information and Communications has another legal document guiding this content.
Contact information for ICT Type Approval services and consulting
EXTENDMAX VIETNAM COMPANY LIMITED
Hotline: +84 915 836 555 | Hanoi: +84 24 6666 3066
HO: ExtendMax Villa, C01-L18 An Vuong, Duong Noi urban area, Duong Noi ward, Ha Dong district, Hanoi City, Vietnam
Test laboratory: BT02-21, An Hung urban area, To Huu street, La Khe ward, Ha Dong district, Hanoi City, Vietnam
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