Thông tư 12/2016/TT-BTTTT

CIRCULAR

ON APPOINTMENT OF TESTING LABORATORIES TO PARTICIPATE IN MUTUAL RECOGNITION ARRANGEMENTS REGARDING RESULTS OF CONFORMITY ASSESSMENT OF TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY PRODUCTS

Pursuant to the Law on Information technology dated June 29, 2006;

Pursuant to the Law on telecommunications dated November 23, 2009;

Pursuant to Decree No. 25/2011/ND-CP dated April 06, 2011 by the Government providing guidance on the implementation of a number of Article of the Law on telecommunications;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 by the Government detailing functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the request of Director of Department of Science and technology,

The Minister of Information and communications hereby promulgates the Circular on appointment of testing laboratories to participate in Mutual Recognition Arrangements regarding results of conformity assessment of telecommunication and information technology products.

Article 1. Scope of regulation

This Circular provides for conditions and procedures for the appointment of testing  laboratories to participate in Mutual Recognition Arrangement (MRA) regarding results of conformity assessment of telecommunication and information technology products.

Article 2. Regulated entities

This Circular applies to conformity-assessing organization specialized in information and communications according to applicable regulations of Vietnam.

Article 3. Interpretation of terms

In this Circular, these terms can be construed as follows:

1. A testing laboratories (or testing organization) is an organization which conduct technical actions to determine one or a number of characteristics of products according to a certain procedures.

2. An MRA member is a representative of an ASEAN country or of an economy (in Asia-Pacific Economic Cooperation – APEC) which has exchanged with Vietnam the instruments of ratification of Mutual Recognition Arrangement regarding results of conformity assessment of telecommunication and information technology products.

3. Test results by testing laboratories which have been recognized by MRA member according to Mutual Recognition Arrangement shall be approved to serve the conformity assessment of telecommunication and information technology products which are produced in Vietnam and imported into other countries and economies.

Article 4. Conditions for application for appointment

Any testing laboratory wishing to be appointed to participate in Mutual Recognition Arrangement regarding results of conformity assessment of telecommunication and information technology products must:

1. Be established and lawfully operated according to laws.

2. Have sufficient technical and professional capacity for performing measurement activities according to relevant technical regulations and standards.

3. Obtain a certificate of conformance with ISO/IEC 17025 – “General requirements for the competence of testing and calibration laboratories” issued by an accreditation organization which is a member of Asia Pacific Laboratory Accreditation Cooperation (APLAC), where the scope of certification is partially or wholly conformable with the scope of Mutual Recognition Arrangement on conformity assessment agreed by Vietnam and the relevant MRA member.

Article 5. Application for appointment

1. Testing laboratory applying for appointment shall submit 01 (one) dossier of application directly or by post and 01 (one) electronic application (by CD or USB flash drive) to:

Department of Science and technology (the Ministry of Information and Communications)

Address: 18 Nguyen Du Street, Hai Ba Trung District, Ha Noi.

Phone number: +84(4)39437328

Email: [email protected]v.vn

2. The application shall include:

a) A form of application for participating in Mutual Recognition Arrangement regarding results of conformity assessment using the form provided in Annex I of this Circular;

b) A copy of the certificate of conformance with ISO/IEC 17025 enclosed with the scope of certification conformable to the scope of Mutual Recognition Arrangement regarding results of conformity assessment agreed by Vietnam and the relevant MRA member;

c) A model test results conformable to the national technical regulations and standards of the MRA member;

d) Relevant documents at the request of the MRA member (depending on specific country and economy).

Article 6. Assessment of application for appointment

1. The Deparment of Science and Technology shall consider and assess the application pursuant to conditions specified in clause 2 Article 5 of this Circular. If the application is unsatisfactory, within 07 (seven) working days from the day on which the application is received, Department of Science and Technology shall send the applicant a written request for completion.

2. Within 10 (ten) working days from the day on which the satisfactory application is received, the Ministry of Information and Communications shall issue the Decision on establishment of a council responsible for assessing and appointing testing laboratories (hereinafter referred to as Assessing Council) which comprises administrative officers and telecommunications and information technology experts3. Within 10 (ten) working days from the day on which the establishment decision is issued, the Assessing Council shall conduct assessment of capacity of the testing laboratory by considering the application and conducting on-site assessment at the testing laboratory on the basis of conditions provided for in Article 4 of this Circular. Members of the Assessing Council shall complete the form provided in Annex II of this Circular. Within 30 (thirty) working days, the testing laboratory shall comply with the conclusion of the Assessing Council in the Minute, which made according to the form provided in Annex III of this Circular, and send the completed application to the Ministry of Information and Communications (via the Department of science and technology).

4. Within 10 (ten) working days from the day on which the testing laboratory fully satisfies conditions stated in the conclusion of the Assessing Council, the Department of Science and Technology shall request the Minister of Information and Communications to consider granting permission for sending a request for testing laboratory recognition to the MRA member according to the agreed procedures.

5. If the testing laboratory has been appointed to assist the Ministry of Information and Communications in its management tasks and has obtained the certificate issued by an APLAC member and the scope of certification is conformable with the scope of Mutual Recognition Arrangement on conformity assessment agreed by Vietnam and the relevant MRA member, afterthe satisfactory application specified in clause 2 Article 5 of this Circular has been submitted, the Department of Science and Technology shall request the Minister of Information and Communications to consider granting permission for sending a request for testing laboratory recognition to the MRA member according to the agreed procedures.

6. The recognition of a testing laboratory by an MRA member shall be published on the web portal of the Ministry of Information and Communications.

Article 7. Responsibilities of relevant agencies and organizations

1. The Department of Science and Technology shal:

a) Preside over and cooperate with relevant agencies, units and MRA members in guiding the implementation of this Circular;

b) Preside over and cooperate with the Information center in updating the list of testing laboratories recognized by the MRA member on the web portal of the Ministry of Information and Communications;

c) Conduct surprise inspections upon complaints or when a sign of violation or inconformity with regulations in Article 4 of this Circular is discovered. If the testing laboratory commits violation against regulations, the Ministry of Information and Communications shall notify the MRA member so that the effect of the recognition will be annulled.

2. Any testing laboratory recognized by a MRA member shall:

a) Annually report the testing activities and proposals (if any) to the Ministry of Information and Communications;

b) If there is any change in information about the testing laboratory, scope of certification or information that is likely to interrupt its lawful operation, the testing laboratory shall send an application for modification of information to the Ministry of Information and Communications (via the Department of Science and Technology) to request the MRA member to update such information;

c) Comply with provisions of this Circular, relevant regulations on mutual recognition; submit to the inspection and supervision of competent agencies when necessary.

Article 8. Effect

1. This Circular comes into force from June 30, 2016.

2. Decision No. 51/2006/QD-BBCVT dated December 01, 2006 by the Minister of Posts and Telecommunications shall be annulled by the effect of this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications (via the Department of Science and Technology) for consideration and solution.

4. The Chief officer, the Director of the Department of Science and Technology, heads of agencies and units affiliated to Ministries and relevant agencies, organizations and individuals shall be responsible for implementing this Circular./.