EXTENDMAX – 09/01/2025 – Post-certification surveillance is a crucial process to ensure that products, goods, or services that have been certified for conformity continue to fully comply with the requirements of national technical regulations (QCVN) or other relevant regulations throughout the validity period of the certification. This article provides an in-depth overview of the surveillance regulations issued by the Ministry of Information and Communications (MIC) and the Ministry of Science and Technology. Additionally, it clarifies the applicable methods, associated fees, consequences of non-compliance, and the necessary measures that manufacturers and importers should undertake to maintain the validity of their certification.
What is post-certification surveillance?
Post-certification surveillance is the process of continuous inspection and monitoring after a conformity certification to ensure that products, goods, or services that have been certified continue to fully comply with the requirements of national technical regulations (QCVN) or other relevant regulations throughout the validity period of the certification.
>>> Read more: What is conformity certification
Post-certification surveillance applies to which methods?
Regulations of the Vietnam MIC:
The conformity certification methods applied by the MIC for ICT products are stipulated in Article 11 of Circular No. 30/2011/TT-BTTTT, amended and supplemented by Circular No. 15/2018/TT-BTTTT and Circular No. 10/2020/TT-BTTTT (hereinafter referred to as "Circular 30/2011/TT-BTTTT").
"Article 11. Methods of conformity certification
1. Conformity certification is carried out according to one of the following three methods stipulated in Article 5 of Circular No. 28/2012/TT-BKHCN dated December 12, 2012, of the Ministry of Science and Technology, which regulates the declaration of standard conformity, declaration of conformity, and methods for assessing conformity to standards and technical regulations:
- Method 1: Typical sample testing.
- Method 5: Typical sample testing and production process evaluation; surveillance through testing samples taken at the production site or in the market combined with production process evaluation.
- Method 7: Testing and evaluation of a batch of products or goods."
Thus, it is necessary to examine the methods stipulated in Article 5 of Circular No. 28/2012/TT-BKHCN to understand the regulations on post-certification surveillance.
Regulations of the Ministry of Science and Technology
The methods for conformity assessment are stipulated in Article 5 of Circular No. 28/2012/TT-BKHCN, as amended and supplemented by Circular No. 02/2017/TT-BKHCN (hereinafter referred to as "Circular 28/2012/TT-BKHCN"). Post-certification surveillance does not apply to Method 1, Method 7, Method 8. Specific details are as follows:
"Article 5. Methods for conformity assessment
1. Conformity assessment is carried out using one of the following methods:
a) Method 1: Typical sample testing;
b) Method 2: Typical sample testing and production process evaluation; surveillance through testing samples taken from the market;
c) Method 3: Typical sample testing and production process evaluation; surveillance through testing samples taken at the production site combined with production process evaluation;
d) Method 4: Typical sample testing and production process evaluation; surveillance through testing samples taken at the production site and from the market combined with production process evaluation;
đ) Method 5: Typical sample testing and production process evaluation; surveillance through testing samples taken at the production site or from the market combined with production process evaluation;
e) Method 6: Evaluation and surveillance of the management system;
g) Method 7: Testing and evaluation of a batch of products or goods;
h) Method 8: Testing or inspection of all products or goods.
2. The content, sequence, and principles for using these conformity assessment methods are specified in Appendix II of this Circular."
Regulations of the Telecom Metrology and Quality Center
Post-certification surveillance for conformity certification (“CNHQ”) is stipulated in "Article 14 - Post-Certification Surveillance Activities" of the Conformity Certification Process issued under Decision No. 228/QĐ-TTĐLCL dated November 5, 2024, by the Telecommunications Quality Measurement Center (TQC).
Excerpt from the Conformity Certification Process issued under Decision No. 228/QĐ-TTĐLCL by TQC
| Certification method | Giá trị của giấy CNHQ | Điều kiện duy trì giá trị của giấy CNHQ |
| Method 1 | A maximum of 3 years from the date of issuance | The quality management system (QMS) certification for the production line must be continuously maintained. |
| Method 5 | A maximum of 3 years from the date of issuance | Products granted the conformity certification are subject to periodic surveillance |
| Method 7 | Valid only for the certified batch of goods. |
|
Conclusion
It can be observed that the regulations on post-certification surveillance for Method 1 by the Telecommunications Quality Measurement Center differ from those stipulated in Circular No. 30/2011/TT-BTTTT and Circular No. 28/2012/TT-BKHCN. Specifically, Circular No. 28/2012/TT-BKHCN does not require post-certification surveillance for Method 1.
Any ministries conducting post-certification surveillance for Method 1?
According to ExtendMax's records, currently, only the Ministry of Construction requires an ISO 9001 certification for conformity certification under Method 1 for QCVN 16:2023/BXD concerning imported construction materials. This requirement includes post-certification surveillance in the form of "sample testing for each import." However, the fundamental difference lies in the legal status of the regulatory documents for this requirement. The specific differences are as follows:
- The post-certification surveillance requirement for Method 1 by the Ministry of Construction is stipulated directly in QCVN 16:2023/BXD (a legally binding document).
- The post-certification surveillance requirement for Method 1 by the Telecommunications Quality Measurement Center is stipulated in its internal procedure (not a legally binding document).
Does TQC notify certified entities?
According to the information we have received, TQC will issue an official notice to organizations or individuals granted conformity certification regarding post-certification surveillance. Organizations or individuals holding an ISO certification must update TQC with the latest version of the ISO certificate within the specified timeframe. Detailed information about maintaining the validity of the certification will be provided in TQC's official communication.
Excerpt from the Conformity Certification Process issued under Decision No. 228/QĐ-TTĐLCL by TQC
Is there a fee for post-certification surveillance?
According to the Decision on the cost of conformity certification, TQC charges a fee of approx 45 USD for the evaluation to maintain the validity of the conformity certification issued under Method 1.
Consequences of failing to meet post-certification surveillance requirements?
According to TQC's procedures, conformity certifications that fail to meet the conditions for maintaining validity will have their validity revoked, be withdrawn, and listed publicly on the website vnta.gov.vn of the Telecommunications Authority.
Excerpt from the Conformity Certification Process issued under Decision No. 228/QĐ-TTĐLCL by TQC
What should manufacturers and importers do?
As analyzed above, although Circular 30/2011/TT-BTTTT and Circular 28/2012/TT-BKHCN do not specify requirements for post-certification surveillance under Method 1, TQC remains the sole entity appointed by the Ministry of Information and Communications to certify conformity for ICT products. To ensure that business operations are not disrupted, manufacturers and importers should proactively comply with TQC's requirements. Necessary actions include:
- Manufacturers should create a plan to monitor and maintain the validity of ISO 9001 certification to ensure the continued validity of the conformity certification.
- Importers should actively request manufacturers to update and provide the latest version of the ISO 9001 certification.
- Manufacturers and importers can use ExtendMax's professional services to support conformity certification procedures and maintain the validity of conformity certifications.
In cases where maintaining the validity of the ISO 9001 certification is delayed or if there are questions related to maintaining the validity of the conformity certification, organizations or individuals can follow Clause 2, Article 9 of Circular 02/2024/TT-BTTTT to contact the Ministry of Information and Communications (Department of Science and Technology) for guidance and clarification.
Read more from ExtendMax's series of articles on ICT product conformity certification processes with unique insights:
>>> Read more: Revealing TQC's process for handling ICT Type Approval
>>> Read more: Problems due to requirements of ISO 9001?
Legal Disclaimer: This article was prepared based on the research of legal expert Trần Thanh Phương to provide information and legal analysis regarding the implementation of conformity certification for ICT products. It is not intended to encourage or serve as grounds for violating product quality management policies set forth by regulatory authorities.
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