Thông tư 03/2000/TT-TCBD

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER’S DECISION No.178/1999/QD-TTg OF AUGUST 30, 1999 ON THE GOODS LABELING OF HOME-MADE AND IMPORTED END-TERMINAL SUBSCRIBED TELECOMMUNICATIONS EQUIPMENT

Pursuant to the Prime Minister’s Decision No.178/1999/QD-TTg of August 30, 1999 promulgating the Regulation on the labeling of domestically circulated goods as well as export and import goods (hereinafter referred to as the Regulation);
Pursuant to the Trade Ministry’s Circular No.34/1999/TT-BTM of December 15, 1999 guiding the implementation of the Prime Minister’s Decision No.178/1999/QD-TTg of August 30, 1999 promulgating the Regulation on the labeling of domestically circulated goods as well as export and import goods;
The General Department of Post and Telecommunications hereby guides a number of specific points concerning the goods labeling of end-terminal subscribed telecommunications equipment (hereinafter referred to as the equipment labels), as follows:

I. GENERAL PROVISIONS

1.1. Scope of regulation: All end-terminal subscribed telecommunications equipment made in Vietnam for domestic circulation; and foreign-made end-terminal subscribed telecommunications equipment imported for sale on the Vietnamese market must bear equipment labels and the equipment labeling shall be conducted according to the provisions of this Circular.

1.2. Application objects: This Circular governs organizations, individuals and merchants manufacturing and/or trading in end-terminal subscribed telecommunications equipment made in Vietnam for domestic circulation; and those importing end-terminal subscribed telecommunications equipment for sale in Vietnam.

1.3. Interpretation of terms:

In this Circular, the following terms shall be understood as follows:

1.3.1. End-terminal subscribed telecommunications equipment (hereafter referred to as equipment) mentioned in this Circular include fixed and mobile telephone equipment, fax machines, telex machines, pagers, PBX internal switchboards, modem.

1.3.2. Equipment labels are inscriptions, prints, drawings, images and/or marks, which are imprinted or embossed directly or affixed, stuck or pinned firmly on equipment or their packings to display necessary and principal information on such equipment.

1.3.3. Equipment labeling is the inscription of necessary and principal information on equipment on their labels in order to provide consumers with vital information to identify such equipment and serve as basis for purchasers to decide the selection of such equipment, and for functional agencies to effect the inspection and supervision. Equipment labels must be affixed at positions easily spotted by the consumers.

1.3.4. The content compulsorily inscribed on equipment labels is the part containing the most important and essential information on such equipment and prescribed in this Circular.

1.3.5. The content not compulsorily inscribed on equipment labels is the part containing information other than the content compulsorily inscribed on the equipment labels.

1.4. Basic requirements of equipment labels: All letters, numerals, drawings, images, marks and/or signs put on equipment labels must be clear and true to the real properties of such equipment. They must not be ambiguously inscribed, thus causing mistakes for other equipment.

1.5. Languages used to display equipment labels:

1.5.1. Labels of domestically circulated equipment must be inscribed in Vietnamese. Depending on the requirements of each kind of equipment, the labels may be inscribed in foreign language(s) but in smaller sizes.

1.5.2. For labels of equipment imported for circulation and sale on the Vietnamese market, the language(s) on such equipment’s labels shall be displayed by one of the following methods:

a/ When signing the import contract, the merchant shall request the equipment supplier to agree on the inscription on the original labels of the compulsory contents’ information in Vietnamese.

b/ In cases where the agreement defined above cannot be reached, the equipment importing merchant shall have to make auxiliary labels inscribing the compulsory contents’ information in Vietnamese and stick them together with the foreign-language original labels of such equipment, before they are put on sale or circulated on the market.

1.6. Equipment labels cannot be used as surrogate for standard compatibility certificates of postal and telecommunications supplies and equipment granted by the General Department of Post and Telecommunications.

II. CONTENTS TO BE INSCRIBED ON EQUIPMENT LABELS

2.1. Compulsorily inscribed contents:

2.1.1. Equipment appellations:

2.1.1.1. Equipment appellations must be clearly inscribed on the equipment labels on the following principles:

a/ If equipment are of types with names specified in the Vietnamese standards (VS), such equipment’s names shall be inscribed after those specified in the Vietnamese standards.

b/ For an equipment with its name not yet specified in the Vietnamese standards, such equipment shall bear the name specified in the branch standards promulgated by the General Department of Post and Telecommunications or the international standards which the General Department of Post and Telecommunications has announced for application.

c/ In cases where an equipment has no name according to provisions at Points a and b above, such equipment shall use the name followed by its coding title specified in the International Harmonized Commodity Description and Coding System which Vietnam has already publicized for application.

d/ In cases where an equipment has no name according to provisions at Points a, b and c above, the labeling of such equipment shall be made with the use of a name concretely describing or clearly stating its utility.

2.1.1.2. In cases where an equipment has different functions, the name of such equipment shall be determined according to its main function or utility purpose. For example: A fax machine has also the telephonic and automatic answering functions, its name is still labeled according to its main function - facsimile.

2.1.1.3. The inscription of equipment names according to the provisions at Point 2.1.1.1 above shall include the standardized identification number (if any), model and configuration symbols and serial number of such equipment.

2.1.2. Names and addresses of merchants responsible for equipment:

- The inscription of the names of merchants responsible for equipment on such equipment�s labels shall be conducted on the following principles:

+ If the equipment is completely manufactured at a manufacturing establishment, the name of the merchant responsible for such equipment shall be the name of such manufacturing establishment, with the following inscription on the equipment’s label:

"Manufactured at......................." or "Product of ......................"

+ If the equipment is assembled from various components and spare parts produced by different production establishments, the name of the merchant responsible for such equipment shall be the name of the establishment that assembles finished products, with the following inscription on the equipment’s label:

"Assembly establishment..........................." or "Assembled at....................."

+ If the equipment is imported or sold by a sale agent for foreign merchant, the name of merchant responsible for such equipment shall be the name of the importing merchant or the merchant acting as the sale agent, with the following inscription on the equipment’s label:

"Importing merchant......................" or "Agency merchant......................"

- The inscription of the addresses of merchants is prescribed as follows:

+ Each address shall comprise: House number, street (village, hamlet), ward (commune), urban district (rural district, provincial town), city (province).

+ Inscription of the address of the merchant’s head office where the merchant registers for organizing its production and/or business activities.

2.1.3. Use, operation and maintenance instructions:

- There must be on equipment’s labels the use and maintenance instructions and cautions of dangers which may occur if the equipment are used improperly, as well as the way of dealing with dangerous incidents (if any).

- In cases where an equipment’s label is not large enough for inscribing the above-said instructions, such contents must be inscribed on a manual to be provided together with the equipment to the equipment purchasers.

2.1.4. Equipment’s origin:

For imported equipment, the merchants must clearly inscribe on the equipment’s labels the names of the countries of origin (manufacturing country and exporting country) of the equipment.

2.2. Non-compulsory contents

2.2.1. Besides the compulsory contents that must be clearly displayed on the equipment’s labels as prescribed above, depending on the specific requirements and peculiarities of each kind of equipment, merchants may inscribe other information they deem necessary, which, however, must not contravene the provisions of law and this Regulation.

2.2.2. Merchants may also inscribe on the equipment’s labels such contents (if any) as: number codes and stripe codes granted by the national number code and stripe code organization; trademarks already registered for industrial property protection; assorted medals already awarded; certifications of the Vietnamese or international quality standards achieved by such products; identification numbers of manufactured goods lots; international symbols used for transportation, use, maintenance,...

III. ACTS OF VIOLATING THE LEGISLATION ON EQUIPMENT LABELING AND THE HANDLING OF VIOLATIONS

3.1. Acts of violating the legislation on equipment labeling include:

a/ Circulating equipment without prescribed equipment labels;

b/ Inscribing on equipment labels information in images, drawings or letters which are not true to the real properties of such equipment;

c/ Using equipment labels which are so unclear and dim that the contents inscribed thereon cannot be read by bare eyes;

d/ Failing to fully inscribe on equipment labels the compulsory contents as prescribed in this Circular;

e/ Displaying contents on equipment labels not in the prescribed sizes, positions or languages or by improper inscribing method;

f/ Erasing, crossing out or modifying contents inscribed on equipment labels;

g/ Changing equipment labels for the purpose of deceiving consumers;

h/ Using trademarks already protected by law without their owners’ consents.

All organizations and individuals that commit any of the above-said acts of violating the legislation on goods labeling regarding the end-terminal subscribed telecommunications equipment shall be handled according to provisions of law.

3.2. The forms of and competence for handling of violations in the field of goods labeling of end-terminal subscribed telecommunications equipment shall comply with the regulations on the handling of administrative violations in the field of trade.

3.3. The General Department of Post and Telecommunications, which is the agency in charge of specialized State management over post, telecommunications and radio frequencies, shall coordinate with the agencies in charge of State management over commerce in performing the State management over equipment labeling according to provisions of law.

IV. ORGANIZATION OF IMPLEMENTATION

4.1. This Circular takes effect 15 days after its signing.

4.2. Those end-terminal subscribed equipment, which had been labeled in old forms before the effective date of this Circular, shall continue to be circulated till the end of December 31, 2000.

4.3. The units attached to the General Department of Post and Telecommunications shall, within their respective relevant powers and tasks, have to explain and guide the implementation of this Circular.

4.4. Organizations, individuals and/or merchants that manufacture, trade in and import end-terminal subscribed telecommunications equipment shall have to implement the provisions of this Circular.

4.5. Any problems arising in the course of implementation must be promptly reported to the General Department of Post and Telecommunications for study and settlement.