Thông tư 16/2011/TT-BTTTT

CIRCULAR

ON VERIFICATION OF TELECOMMUNICATIONS EQUIPMENT AND RADIO STATIONS

Pursuant to the November 23, 2009 Law on Telecommunications;

Pursuant to the November 23, 2009 Law on Radio Frequency;

Pursuant to the June 29, 2006 Law on Standards and technical Regulations;

Pursuant to the Government's Decree No. 25/2011/ND-CP of April 26, 2011, detailing and guiding a number of articles of the Law on Telecommunications;

Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications:

Pursuant to the Government s Decree No. 50/2011/ND-CP of June 24, 2011, amending the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Cornmunications:

At the proposal of the Director of the Information and Communications Technology Quality Control Authority.

STIPULATES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides for the verification of telecommunications equipment and radio stations.

2. This Circular applies to organizations and enterprises managing and operating telecommunications equipment and radio stations on the List of telecommunications equipment and radio stations subject to compulsory verification referred to in Article 5 of this Circular (below referred to as organizations and enterprises). Organizations and enterprises are encouraged to verify telecommunications equipment and radio stations outside the List of telecommunications equipment and radio stations subject to compulsory verification under this Circular.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Telecommunications equipment subject to compulsory verification includes telecommunications network equipment and charge-calculation metering devices which must comply with national technical regulations.

2. Radio station subject to compulsory verification means a radio equipment or a combination of radio equipment, including accessory equipment, which arc arranged for carrying out a radio-communication service and must comply with national technical regulations on radio radiation safety.

3. Verification of telecommunications equipment and radio stations (below referred to as verification) means testing and certification of conformity of telecommunications equipment and radio stations with national technical regulations. Verification will neither substitute nor reduce the responsibility of organizations and enterprises for the quality and safety of telecommunications equipment and radio stations under law.

Article 3. State management agencies in charge of verification

1. The Vietnam Telecommunications Authority shall perform the state management of verification nationwide under this Circular and relevant laws.

2. Provincial-level Information and Communications Departments shall coordinate with the Vietnam Telecommunications Authority in performing the state management of verification in localities under their management.

Article 4. Verification organizations

Organizations verifying telecommunications equipment and radii) stations (below referred to as verification organizations) are technical service-providing non-business units under slate management agencies assigned to conduct verification by the Ministry of Information and Communications.

Article 5. List of telecommunications equipment and radio stations subject to compulsory verification

The Ministry of Information and Communications shall promulgate in each period the List of telecommunications equipment and radio stations subject to compulsory verification in conformity with policies, management requirements and the practical infrastructure development situation for the telecommunications sector.

Chapter II

VERIFICATION CONTENTS AND PROCEDURES

Article 6. Cases of verification

1. First-time verification:

a/ For newly installed telecommunications equipment and radio stations on the List of telecommunications equipment and radio stations subject to compulsory verification, before putting them into operation and use, organizations and enterprises shall verify them according to the procedures specified in Article 7 of this Circular:

b/ For telecommunications equipment and radio stations on the List of telecommunications equipment and radio stations subject to compulsory verification which were put into operation and use before the effective date specified in the List of telecommunications equipment and radio stations subject to compulsory verification but have not yet been verified, organizations and enterprises shall verify them under Article 9 of this Circular.

2. Periodical verification:

For telecommunications equipment and radio stations already verified, at least three (3) months before the expiry date indicated in verification certificates, organizations and enterprises shall re-verify them according to the procedures specified in Article 7 of this Circular.

3. Extraordinary verification:

a/ For telecommunications equipment and radio stations already verified but seeing changes in excess of the allowable safety limit indicated in verification certificates or detected by state management agencies to be no longer conformable with national technical regulations, within thirty (30) days after such changes occur or after such detection, enterprises shall re-verify them according to the procedures specified in Article 7 of this Circular;

b/ For telecommunications equipment and radio stations seeing changes within the allowable safety limit indicated in verification certificates by verification organizations, organizations and enterprises are not required to re-verify them but shall ensure the safety of such telecommunications equipment and radio stations. Within the first twenty (20) days every quarter, organizations and enterprises shall report in writing changes in the previous quarter to verification organizations which have granted verification certificates.

Article 7. Verification procedures

1. Enterprises shall submit verification request dossiers to verification organizations directly at their head offices or by post or delivery service within the time limit specified in Article 6 of this Circular. A dossier comprises:

a/ A written request for verification (made according to a set form, not printed herein):

b/ A report on changes in telecommunications equipment and radio stations (for extraordinary verification specified in Clause 3, Article 6 of this Circular):

c/ Product description documents, manuals and installation instructions (for first-time verification).

2. Within ninety (90) days after organizations or enterprises complete verification request dossiers and pay verification charges under Article 10 of this Circular, verification organizations shall coordinate with organizations or enterprises in verifying each kind of telecommunications equipment or radio station on the List of telecommunications equipment and radio stations subject to compulsory verification according to the verification process promulgated by the Ministry of Information and Communications.

3. Within thirty (30) days after verification certificates are granted for telecommunications equipment and radio stations, organizations or enterprises shall post up copies of these certificates at places where such telecommunications equipment and radio stations are located.

4. If refusing to grant verification certificates, verification organizations shall send written notices clearly indicating the contents which remain unconformable with national technical regulations to organizations and enterprises for taking remedies. Within thirty (30) days after receiving the notices, organizations or enterprises shall take remedies and carry out again verification procedures as applicable to first-time verification under Point a. Clause I, Article 6 of this Circular.

5. After the time limit specified in Clause 4 of this Article expires, if organizations or enterprises fail to take remedies and complete their dossiers, they shall cease operating telecommunications equipment and radio stations.

Article 8. Revocation of verification certificates and cases in which verification certificates become invalid

1. Verification organizations shall revoke verification certificates (hey have granted at the request of stale management agencies when the latter detect that telecommunications equipment and radio stations with verification certificates no longer conform with national technical regulations. Within 30 days alter having their verification certificates revoked, organizations or enterprises shall remedy unconformable points and carry out again verification procedures specified in Article 7 of this Circular.

2. A verification certificate will become invalid when:

a/ The certificate expires;

b/ The certificate is revoked:

c/ Verified telecommunications equipment and radio stations see changes in excess of the allowable safety limit indicated in the certificate;

d/ Telecommunications equipment and radio stations are moved to places other than those indicated in the certificate.

Article 9. Verification of telecommunications equipment and radio stations which were put into use before the effective date specified in the List of telecommunications equipment and radio stations subject to compulsory verification but have not yet been verified

1. Within thirty (30) days after the effective date specified in the List of telecommunications equipment and radio stations subject to compulsory verification, organizations and enterprises shall send written reports to the Vietnam Telecommunications Authority, enclosed with the list of telecommunications equipment and radio stations subject to compulsory verification which have been put into use but not yet been verified.

2. The Ministry of Information and Communications shall specify the time, limit for verifying telecommunications equipment and radio stations subject to compulsory verification which were put into use before the effective date specified in the List of telecommunications equipment and radio stations subject to compulsory verification but have not yet been verified.

3. Procedures for verifying telecommunications equipment and radio stations subject to compulsory verification which were put into use before the effective dale specified in the List of telecommunications equipment and radio stations subject to compulsory verification but have not yet been verified, are specified in Article 7 of this Circular.

Article 10. Verification charges and fees

1. Organizations and enterprises shall pay verification charges to verification organizations before verification within fifteen (15) days after verification organizations notify verification charges. If organizations or enterprises fail to pay verification charges within the specified time limit, verification organizations may refuse to conduct verification and notify in writing organizations and enterprises thereof

2. Organizations and enterprises shall pay to verification organizations a fee for the grant of verification certificates within fifteen (15) days after verification organizations notify such fees.

3. Verification charge and fee for the grant of verification certificates for telecommunica­tions equipment and radio stations subject to compulsory verification comply with the Finance Ministry's regulations.

4. Verification organizations do not have to refund verification charges in case verification certificates are not granted for telecommunica­tions equipment and radio stations.

5. In case of verification of telecommunica­tions equipment and radio stations outside the List of telecommunications equipment and radio stations subject to compulsory verification at the request of organizations or enterprises, verification expenses shall be agreed upon by verification organizations and requesters.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 11. Responsibility to perform stale management of verification

1. The Vietnam Telecommunications Authority shall:

a/ Guide provincial-level Information and Communications Departments, verification organizations and related organizations and enterprises in implementing this Circular:

b/ Inspect organizations enterprises and verification organizations in observing verification regulations nationwide;

c/ Establish a national database on verification work:

d/ Publicize on its website verification-related contents, including verification organizations: verification forms and dossiers: order and procedures for grant of verification certificates: and list of telecommunications equipment and radio stations for which verification certificates have been granted;

e/ Summarize and report on verification work nationwide to the Ministry of Information and Communications:

f/ Study and propose to the Ministry of information and Communications appropriate policies on verification.

2. Provincial-level Information and Communications Departments shall:

a/ Regularly monitor verification work in localities under their management, based on practical conditions and updated information on the Vietnam Telecommunications Authority's website;

b/ Inspect organizations and enterprises in observing verification regulations in localities under their management:

c/ Detect and report problems related telecommunications technical safety, report and propose to the Ministry of Information and Communications measures to manage telecommunications equipment and radio stations.

Article 12. Responsibilities of verification organizations

1. To conduct verification, grant and revoke verification certificates tinder regulations. During verification, to ensure safety of networks and equipment and refrain from affecting normal operation of networks.

2. To take responsibility before law for verification results.

3. To archive verification dossiers according to regulations for different verification processes promulgated by the Ministry of Information and Communications.

4. To build databases on verified telecommunications equipment and radio stations for linking to the Vietnam Telecommunications Authority's website on verification work.

5. To monthly summarize and report on verification work to the Vietnam Telecommuni­cations Authority.

6. To report verification-related contents at the request of competent agencies.

Article 13. Responsibilities of organizations and enterprises

1. To comply with verification regulations in this Circular and relevant documents.

2. To assign individual officers or focal units to implement verification regulations.

3. To maintain and ensure conformity of telecommunications equipment and radio stations with national technical regulations after they are verified.

4. In the course of use of telecommunications equipment and radio stations, if detecting nonconformity with relevant national technical regulations, to:

a/ Promptly remedy such unconformity and when necessary, cease operation of telecommunications equipment and radio stations:

b/ Report such unconformity to provincial-level Information and Communications Departments managing localities in which telecommunications equipment and radio stations are located, and remedy such unconformity.

5. To comply with reporting regulations on verification processes promulgated by the Ministry of Information and Communications.

6. To submit lo examination by, and report on verification work at the request of, the Vietnam Telecommunications Authority and provincial-level Information and Communications Departments.

Article 14. Effect

This Circular takes effect on August 15, 2011. To annul the Information and Communications Minister's Circular No. 09/ 2009/TT-BTTTT of March 24, 2009, on verification and conformity announcement for telecommunications technical works.

Article 15. Implementation responsibility

1. The Director of the Vietnam Telecommunications Authority and heads of agencies and units under the Ministry of Information and Communications, directors of provincial-level Information and Communications Departments, directors general or directors of related organizations and enterprises, and concerned individuals shall implement this Circular.

2. Any problems arising in the course of implementing this Circular should be promptly reported to the Ministry of Information and Communications for consideration and settlement.-