Laws of Vietnam

THE GENERAL DIRECTOR OF POST AND TELECOMMUNICATIONS

DECIDES:

Article 1.- To issue together with this Decision the Regulation on standard-compatibility certification for post and telecommunications supplies and equipment.

Article 3.- The director of the Office, the director of the Department for Sciences, Technologies and International Cooperation, the director of the Department for Post and Telecommunications Policies, the director of the Post and Telecommunications Quality Control Center, the heads of the units attached to the General Department of Post and Telecommunications as well as organizations and individuals producing, trading in and using post and telecommunications supplies and equipment shall have to implement this Decision.

General Director of Post and Telecommunications
MAI LIEM TRUC

Chapter I

GENERAL PROVISIONS

Article 1.- Objects and scope of regulation:

1. This document prescribes the contents of standard-compatibility certification for all types of home-made or import specialized post and telecommunications supplies and equipment.

2. This document shall apply to all Vietnamese organizations and individuals as well as foreign organizations and individuals having lawful representatives in Vietnam that produce for use in Vietnam, import, trade in or use post and telecommunications supplies and/or equipment on the Vietnamese territory.

3. Post and telecommunications supplies and equipment defined in international agreements on mutual recognition of standard-compatibility certification, which Vietnam has signed or acceded to shall be regulated by such international agreements.

Article 2.- Contents of standard-compatibility certification for post and telecommunications supplies and equipment include:

1. Promulgating and guiding the implementation of, legal documents on standard-compatibility certification for post and telecommunications supplies and equipment;

2. Issuing standard-compatibility certificates for post and telecommunications supplies and equipment;

3. Managing the measurement and inspection of post and telecommunications supplies and equipment in service of the standard-compatibility work;

4. Managing post and telecommunications supplies and equipment after standard-compatibility certification;

5. Examining and inspecting the observance of the regulations on standard-compatibility certification for post and telecommunications supplies and equipment. Handling violations, disputes or complaints regarding standard-compatibility certification for post and telecommunications supplies and equipment.

Article 3.- The General Department of Post and Telecommunications shall exercise the State management over standard-compatibility certification for post and telecommunications supplies and equipment on the basis of the branch standards, Vietnamese standards and international standards announced by the General Department of Post and Telecommunications for compulsory or optional application, in accordance with the provisions of Vietnamese law and international agreements which Vietnam has signed or acceded to.

Article 4.- The Post and Telecommunications Quality Control Center under the General Department of Post and Telecommunications functions to manage, inspect, evaluate and certify the quality standard-compatibility for post and telecommunications supplies and equipment throughout the country.

Article 5.- The post and telecommunications supplies and equipment mentioned in this Regulation include the special-use supplies and equipment on public and exclusive post and telecommunications networks (except for post and telecommunications networks used exclusively by the Defense Ministry and the Ministry of Public Security for defense and security purposes); transmitters and receiver-transmitters for radio and television broadcasting.

Article 6.- The General Department of Post and Telecommunications shall prescribe lists of home-made and import post and telecommunications supplies and equipment which require the standard-compatibility certification, before they are allowed to be circulated on the Vietnamese market or connected with the post and telecommunications networks.

The General Department of Post and Telecommunications shall announce the "list of post and telecommunications supplies and equipment which require the standard-compatibility certification" in each period.

Article 7.- Post and telecommunications supplies and equipment shall not need standard-compatibility certification in the following cases:

1. Post and telecommunications supplies and equipment shall not need standard-compatibility certification but must be approved by the General Department of Post and Telecommunications in the following cases:

a/ Temporary import for re-export of radio-transmitters and receiver-transmitters of international delegations visiting Vietnam at the official invitation of Vietnamese agencies and/or organizations.

b/ Temporary import for re-export of post and telecommunications supplies and equipment for display purpose.

c/ Temporary import for re-export of post and telecommunications supplies and equipment for demonstration purpose.

2. Post and telecommunications supplies and equipment shall need neither standard-compatibility certification nor approval by the General Department of Post and Telecommunications in the following case:

Temporary import for re-export of mobile hand-terminal equipment (1 unit/person) for personal use, regarding services already allowed to be provided and used in Vietnam.

Article 8.- The imported radio-transmitters handheld receiver-transmitters must be approved by the General Department of Post and Telecommunications in terms of their frequencies or frequency channels. The General Department of Post and Telecommunications’ approval shall be indicated in the standard-compatibility certificates.

In addition to the compliance with this Regulation on standard-compatibility certification, the use of radio-transmitters and receiver-transmitters on the Vietnamese territory must be permitted in writing by the General Department of Post and Telecommunications and comply with the other provisions of law.

Chapter II

PROCESS AND PROCEDURES FOR GRANTING OF STANDARD-COMPATIBILITY CERTIFICATES

Article 9.- The standard-compatibility certification is made in two forms:

1. Compulsory standard-compatibility certification, meaning the issuance of certificates to post and telecommunications supplies and equipment on the "list of post and telecommunications supplies and equipment which requite the standard-compatibility certification", with technical norms compatible with the standards announced by the General Department of Post and Telecommunications for compulsory application.

2. Voluntary standard-compatibility certification, meaning the issuance of certificates to post and telecommunications supplies and equipment outside the "list of post and telecommunications supplies and equipment which require the standard-compatibility certification", with technical norms compatible with the standards announced by the General Department of Post and Telecommunications for compulsory or optional application; or to post and telecommunications supplies and equipment on the "list of post and telecommunications supplies and equipment which require the standard-compatibility certification", with technical norms higher than the standards announced by the General Department of Post and Telecommunications for compulsory application.

Article 10.- The standard-compatibility certificates issued by the Post and Telecommunications Quality Control Center shall be valid nationwide.

The standard-compatibility certificates shall be valid for a certain period of time, depending on the types of supplies and equipment to be certified. The time limits of the standard-compatibility certificates shall be inscribed on such certificates.

The standard-compatibility certificates shall be marked with numbers and separate symbols for separate types of post and telecommunications supplies and equipment. These numbers and symbols must be indicated in the standard-compatibility labels (or standard-compatibility stamps), which are printed or stuck on the surfaces of the already certified supplies and/or equipment. The application of time and contents of the printing or sticking of the standard-compatibility labels (or standard-compatibility stamps) shall comply with the stipulations of the General Department of Post and Telecommunications.

Article 11.- Procedures for standard-compatibility certification:

1. The dossiers of application for standard-compatibility certification for post and telecommunications supplies and equipment of organizations and individuals shall be made in Vietnamese or English language and include:

a/ The application for standard-compatibility certification;

b/ The import-export business registration permit, or investment decision (for supplies and equipment imported under the investment projects), or permit for the production of post and telecommunications supplies and equipment applied for standard-compatibility certification (notarized by the State notary public);

c/ The relevant technical documents: Technical explanation and their manuals attached with photographs of the outside of supplies and equipment;

d/ The results of the supplies and equipment measurement and inspection conducted the producer or a competent measuring-inspecting agency (defined in Article 16 of this Regulation), which are announced by the General Department of Post and Telecommunications.

2. Address for dossier reception and handling:

a/ The Post and Telecommunications Quality Control Center, 18 Nguyen Du Street - Hanoi;

b/ The Region II-Post and Telecommunications Department, 27 Nguyen Binh Khiem Street, District 1, Ho Chi Minh City;

c/ The Region III- Post and Telecommunications Department, 42 Tran Quoc Toan Street - Da Nang City.

3. The handling time-limit:

a/ Within 10 working days after receiving a complete and valid dossier of application for standard-compatibility certification, the Post and Telecommunications Quality Control Center shall issue the standard-compatibility certificate to the applying organization or individual. In case of refusing to grant the standard-compatibility certificate as the post and telecommunications supplies and equipment have failed to meet the standard-compatibility requirements, the Post and Telecommunications Quality Control Center shall have to notify such in writing.

b/ In cases where the dossier lacks the results of measurement-inspection by the competent measuring-inspecting agency, the Post and Telecommunications Quality Control Center shall guide or appoint a measuring-inspecting agency to measure and inspect the supplies and/or equipment. Within 10 working days after receiving the additional measurement-inspection results, the Post and Telecommunications Quality Control Center shall issue the standard-compatibility certificate to applying the organization or individual. In case of refusing to grant the standard-compatibility certificate as the supplies and/or equipment have failed to meet the standard-compatibility requirements, the Post and Telecommunications Quality Control Center shall have to notify such in writing.

c/ In special cases, where the standard-compatibility certification requires a period of time longer than that prescribed above, the Post and Telecommunications Quality Control Center shall have to notify in writing the applying organization or individual, of the reasons therefor. The maximum time-limit for the granting or non-granting of standard-compatibility certificate shall not exceed 2 months.

Article 12.- Standard-compatibility certification charges and fees:

Organizations and individuals applying for standard-compatibility certification for post and telecommunications supplies and equipment shall have to pay the standard-compatibility certificate granting fees to the Post and Telecommunications Quality Control Center. Such fees shall be collected in lump-sum right at the time of submitting dossiers of application for standard-compatibility certification. The levels of fee for the granting of standard-compatibility certificates shall comply with the stipulations of the Finance Ministry. Post and telecommunications supplies and equipment measurement and inspection charges shall not be included in the fees for granting of standard-compatibility certificates.

Article 13.- The standard-compatibility certification for post and telecommunications supplies and equipment shall be conducted on the basis of examination and evaluation of dossiers of application for standard-compatibility certification. The Post and Telecommunications Quality Control Center shall have to archive the standard-compatibility certification dossiers.

Based on the branch standards, Vietnamese standards and international standards announced by the General Department of Post and Telecommunications for compulsory or optional application as well as the relevant legal documents, the Post and Telecommunications Quality Control Center shall guide the evaluation, norms of measurement and inspection in service of consideration for the granting of standard-compatibility certificates.

In the course of consideration and evaluation of the standard-compatibility certification, if deeming it necessary, the Post and Telecommunications Quality Control Center shall nominate a lawful measuring-inspecting agency to re-make the measurement-inspection results or hire the consulting organizations or experts to assist the Center in the evaluation.

Article 14.- On the basis of the stipulations of the General Department of Post and Telecommunications, the Post and Telecommunications Quality Control Center shall have to guide the following contents:

1. The standard-compatibility certificate’s time-limit;

2. The stipulations on the number and symbol of the standard-compatibility certificate for each type of post and telecommunications supplies and equipment to be indicated in the standard-compatibility labels (or standard-compatibility stamps), which shall be printed or stuck on the surfaces of the supplies and/or equipment already certified for the standard-compatibility;

3. The standard-compatibility certification process;

4. The provisions on the norms of evaluation of standard-compatibility certification;

5. The provisions on the norms of measurement and inspection in service of the standard-compatibility certification.

Article 15.- Organizations or individuals may apply for voluntary standard-compatibility certification for post and telecommunications supplies and equipment according to the base standards they have announced. In this case, the dossier of application for certification must be added with the following contents:

1. The base standards already announced and registered according to the stipulations of the General Department of Post and Telecommunications;

2. The process of production of supplies and equipment applied for standard-compatibility.

Chapter III

MEASUREMENT AND INSPECTION OF POST AND TELECOMMUNICATION SUPPLIES AND EQUIPMENT

Article 16.- The General Department of Post and Telecommunications shall announce the lists of domestic and foreign agencies competent to measure and inspect post and telecommunication supplies and equipment.

The Post and Telecommunications Quality Control Center shall only recognize the measurement-inspection results given by the measuring-inspecting agencies which have been announced by the General Department of Post and Telecommunications.

Article 17.- The measurement-inspection results mentioned in Article 16 shall serve as basis for the Post and Telecommunications Quality Control Center to consider and certify the standard-compatibility for post and telecommunications supplies and equipment.

Article 18.- The measuring-inspecting agencies shall take responsibility before law for the accuracy of the measurement-inspection results. The measurement-inspection results are not valid as the substitute for the standard-compatibility certificates.

Chapter IV

MANAGEMENT OF SUPPLIES AND EQUIPMENT AFTER STANDARD-COMPATIBILITY CERTIFICATION

Article 19.- Organizations and individuals are only allowed to circulate on the Vietnamese market or install on the post and telecommunications networks the post and telecommunications supplies and equipment on the "list of post and telecommunications supplies and equipment which require the standard-compatibility certification", which have the standard-compatibility labels (or standard-compatibility stamps) as prescribed by the General Department of Post and Telecommunications.

Article 20.- Organizations and individuals having post and telecommunications supplies and equipment already certified for standard-compatibility shall have to ensure the supplies’ and equipment’s quality as already certified and take responsibility before the State agencies and customers for the quality of post and telecommunications supplies and equipment provided by them.

Article 21.- Where there is any change in the already evaluated technical norms of the post and telecommunications supplies and/or equipment which have been certified for standard-compatibility or where the expired standard-compatibility certificates have expired, the organizations or individuals that have been granted standard-compatibility certificates for such supplies and/or equipment shall have to re-apply for the standard-compatibility certification. The procedures to re-apply for standard-compatibility certification shall comply with the provisions in Article 11 of this Regulation.

Article 22.- The Post and Telecommunications Quality Control Center shall decide to invalidate the standard-compatibility certificates for post and telecommunications supplies and equipment of organizations or individuals in the following cases:

1. The post and telecommunications supplies and equipment fail to ensure the quality as already certified;

2. The organizations or individuals that have been granted the standard-compatibility certificates fail to strictly comply with the provisions on standard-compatibility certification for post and telecommunications supplies and equipment.

Article 23.- Organizations or individuals having post and telecommunications supplies and equipment with standard-compatibility certificates already invalidated may re-apply for standard-compatibility certification after redressing the circumstances mentioned in Clauses a and b, Article 22 of this Regulation. The procedures to re-apply for standard-compatibility certification shall comply with the provisions of Article 11 of this Regulation.

Article 24.- The circulation and use on the public and private post and telecommunications networks of the post and telecommunications supplies and equipment on the "list of post and telecommunications supplies and equipment which require the standard-compatibility certification" shall be strictly forbidden, in the following cases:

1. They have not yet been granted the standard-compatibility certificates;

2. The standard-compatibility certificates have expired;

3. The standard-compatibility certificates have been invalidated.

Chapter V

EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS

Article 25.- The Post and Telecommunications Inspectorate, the Post and Telecommunications Quality Control Center and relevant units shall have to conduct regular or extraordinary examination and inspection of the observance of the regulations on standard-compatibility certification for post and telecommunications supplies and equipment according to the provisions of law.

Article 26.- The examined and inspected organizations or individuals shall have to fully provide the supplies and equipment samples as well as necessary information and documents related to the examination and inspection contents and take responsibility for the accuracy of the provided samples, information and documents; and to create favorable conditions for examination and inspection delegations to perform their duties.

Article 27.- The regional post and telecommunications departments and the Radio Frequency Department shall have to coordinate with the Post and Telecommunications Quality Control Center in guiding and inspecting the implementation of the regulations on standard-compatibility certification for post and telecommunications supplies and equipment in the regions under their management responsibility.

Article 28.- Violations of the regulations on standard-compatibility certification for post and telecommunications supplies and equipment shall be handled according to the provisions of the Government’s Decree No.79/CP of June 19, 1997 on sanctioning administrative violations in the field of State management over post, telecommunications and radio frequencies.

Article 29.- All complaints related to the work of standard-compatibility certification for post and telecommunications supplies and equipment shall be settled according to the order and procedures prescribed by law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 31.- In the course of implementation, if any problem arises, agencies, organizations and individuals should promptly report it to the General Department of Post and Telecommunications for consideration, supplement and/or amendment.

General Director of Post and Telecommunications
MAI LIEM TRUC