Quyết định 1983/QD-TDC

DECISION

PROMULGATING GUIDANCE ON CONFORMITY CERTIFICATION OF NATIONAL TECHNICAL REGULATION QCVN 9:2012 /BKHCN ON ELECTROMAGNETIC COMPATIBILITY (EMC) FOR HOUSEHOLD AND SIMILAR ELECTRICAL AND ELECTRONIC EQUIPMENT

DIRECTOR GENERAL OF STANDARDS, METROLOGY AND QUALITY

Pursuant to the Law on Technical regulations and standards dated June 29, 2006;

Pursuant to the Government's Decree No. 127/2007/NĐ-CP dated August 01, 2007 detailing the implementation of a number of articles of the Law on Technical regulations and standards;

Pursuant to Decision No. 27/2014/QD-TTg dated April 04, 2014 of the Prime Minister defining the functions, tasks, entitlements and organizational structure of the Directorate for Standards, Metrology, and Quality;

Pursuant to Circular No. 11/2012/TT-BKHCN dated April 12, 2012 of the Ministry of Science and Technology promulgating National technical regulation QCVN 9:2012 /BKHCN on electromagnetic compatibility for household and similar electrical and electronic equipment;

Pursuant to Circular No. 13/2013/TT-BKHCN dated April 12, 2013 of the Ministry of Science and Technology amending some articles of Circular No. 21/2011/TT-BKHCN dated September 22, 2011, Circular No. 10/2012/TT-BKHCN dated April 12, 2012 and Circular No. 11/2012/TT-BKHCN dated April 12, 2012 of the Ministry of Science and Technology;

At the proposal of Director General of standard and conformity assessment,

DECISION:

Article 1. “Guidance on conformity certification of national technical regulation QCVN 9:2012 /BKHCN on electromagnetic compatibility (EMC) for household and similar electrical and electronic equipment” is issued together with this Decision.

Article 2. This Decision takes effect on the date of signing.

Article 3. Department of standard and conformity assessment, assigned certifying bodies and related agencies, organizations shall implement this Decision./.

GUIDANCE

ON CONFORMITY CERTIFICATION OF NATIONAL TECHNICAL REGULATION QCVN 9:2012 /BKHCN ON ELECTROMAGNETIC COMPATIBILITY (EMC) FOR HOUSEHOLD AND SIMILAR ELECTRICAL AND ELECTRONIC EQUIPMENT
(Issued together with Decision No. 1983/QD-RELOCATION dated October 15, 2014 of Director General of the Directorate for Standards, Metrology and Quality)

1. Purposes and scope

This document provides guidance on conformity certification of electromagnetic interference radiation in QCVN 9:2012 /BKHCN for electrical and electronic equipment (with current operating current of no more than 25A per phase) produced and imported (hereinafter referred to as conformity certification).

1.2. This document applies to certifying bodies assigned to certify the conformity with National technical regulation QCVN 9:2012 /BKHCN (hereinafter referred to as certifying bodies) and related enterprises.

2. Reference

2.1. National technical regulation QCVN 9:2012 /BKHCN on electromagnetic compatibility for household and similar electrical and electronic equipment is issued together with Circular No. 11/2012/TT-BKHCN dated April 12, 2012 of the Minister of Science and Technology (hereinafter referred to as regulation QCVN9:2012/BKHCN);

2.2. Circular No. 13/2013/TT-BKHCN dated April 12, 2013 of the Ministry of Science and Technology amending some articles of Circular No. 21/2011/TT-BKHCN Circular No. 10/2012/TT-BKHCN Circular No. 11/2012/TT-BKHCN (hereinafter referred to as Circular No. 13/2013/TT-BKHCN);

2.3. Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology regulating declaration of standards, declaration of conformity and methods to assess the conformity with technical regulations and standards (hereinafter referred to as Circular No.28/2012/TT-BKHCN).

3. Terms and definitions

3.1. Enterprise: legal representative (brand owner, manufacturer having legal ownership of brand, the only one authorized representative for products in Vietnam) of products required conformity certification.

3.2. Model: Electrical and electronic products having the same name or brand, the same design and composition.

3.3. Batch of products/goods: Collection of one product type having the same name or brand, the same design and composition, the same use, the same manufacturing affiliate or imported in one shipment under the same import dossier.

3.4. Type test sample (hereinafter referred to as sample): The sample from normal production process having all technical properties, specific and completed design, composition of the model registered for certification and used for type testing.

3.5. Type – test: The determination of technical properties of sample (section 3.4) of product type in accordance with procedure and process defined in technical standards or regulations used as technical basis for conformity assessment and certification.

3.6. Type test report: The report of test process on sample. There must be the content defined in Appendix 1 in a type test report.

3.7. Instantaneous water heater: Stationary equipment used to heat water when water flows through devices used for bathing, not including water dispensers and other water heaters

3.8. Hand-held motor-operated electronic drill: device used to bore the holes in various materials such as metal, wood, plastic. It is designed to bring to work easily, to hold by hand or to be hung while working. This type of drill may have a flexible shaft and a fixed or movable motor.

3.9. Vacuum cleaner: The device operating by air pump to create partial vacuum to clean dust and dirt.

3.10. Washing machine: The device using water to wash and dry textile products.

3.11. Refrigerator, freezer: a cooling device using electric compressor, having one or more compartments for storing food, drinks or other objects with similar purposes of storage at necessary temperature.

3.12. Air conditioner: predetermined set of devices including at least one refrigerant compressor operating by electricity, one heat exchanger, designed primarily to provide air controlled by one or more physicochemical parameters (temperature, humidity, air velocity, ion flow ...) suitable for a defined space.

3.13. Self-ballasted lamp: a cohesive unit which cannot be disassembled without damage, having a bulb combined with light source and additional components necessary for starting and stabilizing light source (not including LED).

4. Principles of recognition and use of reports on assessment of conformity, employment of laboratories

4.1. Certifying bodies can consider and sign a mutual recognition agreement with conformity-assessing organization of exporting country having competence to implement the requirements in regulation QCVN 9:2012 /BKHCN. Mutual recognition agreement must be performed under provisions of Circular No. 27/2007/TT-BKHCN dated October 31, 2007 of the Minister of Science and Technology.

4.2. Certifying bodies can consider and use assessment reports of conformity certification conducted by competent certification bodies of exporting country. These bodies must be acknowledged by accreditation organization who is a member of PAC or IAF or belongs to Certifying Body Scheme of International Electrotechnical Commission IEC (IEC CB Scheme) that they have suitable competence for regulated requirements of certification bodies according to ISO/IEC Guide 65 or ISO/IEC 17065 and/or are acknowledged under international agreements in which Vietnam participates in proportion to the range of products and standards regulated in QCVN 9:2012 /BKHCN.

4.1. Certifying bodies can consider using test type report conducted by testing bodies of exporting country. These bodies must be acknowledged by accreditation organization who is a member of ILAC or APLAC or belongs to Certifying Body Scheme of International Electrotechnical Commission IEC (IEC CB Scheme) that they have suitable competence for regulations in ISO/IEC 17025 for the testing range and/or are acknowledged under international agreements in which Vietnam participates in proportion to the products and correlative standards regulated in QCVN 9:2012 /BKHCN.

4.4. When accepting conformity assessment results or employment of laboratories for conformity certification, certifying bodies must report on the information of conformity assessment bodies or the laboratory used to the Directorate for Standards, Metrology, and Quality in order to monitor and manage.

The Directorate for Standards, Metrology, and Quality shall examine the recognition of reports on assessment of conformity, employment of laboratories of certifying bodies as well as competence of conformity assessment bodies if needed before or after the results are accepted or used.

4.5. When accepting the reports on assessment of conformity, use of testing, certifying bodies shall be responsible for the final certification results.

5. Conformity certification assessment

5.1. Conformity certification of electrical and electronic equipment according to QCVN 9:2012 /BKHCN shall be conducted by test type method (Method 1 defined in Point a, Clause 1, Article 5 of Circular No. 28/2012/TT-BKHCN).

5.2. Application for conformity certification of electrical and electronic equipment according to regulation QCVN 9:2012 /BKHCN made by an enterprise under guidance of certifying bodies include:

a) Written request for conformity certification of the enterprise (using the form provided by certifying bodies);

b) Technical documentation (Technical description of the device, circuit diagram, list of components used in the device…);

c) Pictures (the outside and the details inside) of the product;

d) User guides of the product (instruction manual, installation manual);

dd) Conformity certification result (Certificate) of the product with the regulations in QCVN 9:2012 /BKHCN of assigned or acknowledged certification bodies (if any);

e) Type test results of electromagnetic interference radiation and regulated criteria in corresponding standards applied to products in QCVN 9:2012 /BKHCN (if any).

If an enterprise already has the Certificate (Point dd of this section) or type test result (point e of this section), the certifying body shall consider the suitability of the information on the Certificate and type test result against actual type and information provided in point b through point d of this Section:

- If they are completely conformable, the certifying body shall issue the Certificate for enterprise as prescribed in Section 5.6 of this Guidance.

- If they are not conformable, the certifying body shall consider and implement the regulations in Section 5.3 through Section 5.6 of this Guidance.

5.3 Taking sample

a) Type test sample shall be provided by the enterprise under the guidance of certifying body. For batch of imported goods, certifying body shall guide the enterprise to actively prepare application form and assess the conformity of l sample for batch of goods before importing. For the next batch of imported goods with the same categories previously being granted Certificate (the Certificate is still valid), certifying n body shall guide the enterprise not to send sample for testing (except when there is a change mentioned in Section 5.8 of this Guidance).

In case of using test result of a testing body of exporting country defined in Section 4 of this Guidance, the enterprise shall provide 01 sample.

In case of using testing result of a domestic testing body, the samples used for type testing must be at least 02 samples for each type. One sample is used for type testing and another one is used for backup. This backup sample will be used in case main sample is damaged or used for comparison if needed. The sample storage time is 90 days from the date of Certificate issuance and the sample will be returned to the enterprise when the storage time is expired.

b) The record with signatures of the business representative and the person receiving sample of certifying body must be made when delivering/returning the sample. The sample must be photographed (enough overview and detail to describe the product) and store in the files of certifying body.

c) The related works such as sample sealing/marking, transportation, sample preservation, sample receiving time, sample storage time, test result announcement, security, and necessary works explained and agreed with the enterprise and testing body by certifying body before testing.

5.4 Testing sample

5.4.1. The sample shall be tested with technical indicators specified in the relevant national standards specified in QCVN 9: 2012/BKHCN as follows:

a) Products described in Section 3.7 through Section 3.12 of this Guidance shall be tested with the criteria specified in Article 4 of the National Standards TCVN 7492-1:2010 (CISPR 14-1 : 2009);

a) Products described in Section 3.13 of this Guidance shall be tested with the criteria specified in Article 4 and the limit defined in Article 5.4 of the National Standards TCVN 7186:2010 (CISPR 15 : 2009).

c) Taking photographs of the details of product (the outside and the details inside, main components, circuit…) while testing sample.

5.4.3. The sample shall be tested at the testing body assigned by the Directorate for Standards, Metrology, and Quality. The principles and provisions in Section 4 of this Guidance must be complied with when considering the use or recognition of the testing body of exporting country.

5.5. Processing test results

5.5.1. Type test reports shall be in conformity with QCVN 9: 2012/BKHCN when the test reports of all technical specifications in accordance with the provisions in Article 4 of TCVN 7492-1:2010 (CISPR 14-1: 2009) and Article 4, Article 5.4 of TCVN 7186: 2010 (CISPR 15: 2009).

5.5.2. Type test reports are considered unconformable when there is any indicator not in conformity with the provisions defined in Section 5.5.1 of this Guidance at the time of assessment.

5.5.3. Where the sample is inconsistent with regulation QCVN 9: 2012/BKHCN (see Section 5.5.2), the certifying body shall issue written notice to the enterprise stating the reasons why the sample is unqualified for certification for enterprises to take corrective actions. After remedying the technical issues, the enterprise shall notice certifying body about the results and send the second sample of remedied product in order to carry out the procedures specified in Section 5.3 through Section 5.5 of this Guidance. The second test result and assessment of sample shall be the final result.

5.6. Issuance of Certificate of conformity and use of conformity mark

5.6.1. Certifying body shall issue Certificate of conformity in accordance with QCVN 9: 2012/BKHCN for enterprise when sample satisfies the requirements specified in Section 5.5.1 of this Guidance. The valid term for any Certificate (in the form prescribed in Appendix 2 of this Guidance) is 03 years from the date of signing.

5.6.2. Certifying body shall guide the enterprise to use conformity mark (CR) on the product corresponding to the sample prescribed by law. The display of conformity mark (CR) and the relevant information on the product are specified in Appendix 3 of this Guidance. The conformity mark (CR) shall be labeled on electrical and electronic equipment in the scope of QCVN 4: 2009/BKHCN and QCVN 9: 2012/BKHCN if all the requirements specified in 02 national technical regulations are satisfied.

5.6.3. Issued Certificate is only valid for the product type and model certified through type test and is not a substitute for the obligations of the enterprise in terms of quality and safety of certified products. The enterprise must not transfer the right to use the Certificate of conformity and conformity mark (CR) to another entity without the consent in writing of the certifying body.

5.7. Irregular inspection, re-certification and certification expansion

5.7.1. If there is any complaint about quality of products or goods in the market, certifying body shall irregularly inspect the manufacturing affiliate. Taking and testing samples shall be conducted in irregular inspection assessment.

5.7.2. Irregular inspection assessment result shall be the basis for certifying body to suspend or cancel the validity of Certificate issued to enterprise. If the type test reports do not satisfy the assessment result, the maximum time for certifying body to suspend the validity of Certificates is 03 months. If the enterprise does not complete the corrective actions for inappropriate content in these 03 months, certifying body shall consider and decide to cancel the validity of the Certificate.

5.7.3. Three (03) months before the expiry date of the Certificate, certifying body shall inform the enterprise to implement procedures for re-certification. Procedures for re-certification shall comply with the provisions in Section 5.3, Section 5.4 and Section 5.5 of this Guidance.

However, if there is no change in composition, size and there is evidence for fully control of the product suitability of the enterprise during the valid term of issued Certificate, certifying body may not conduct type test at the testing body.

5.7.4. If there is a request for certification expansion of electrical and electronic equipment, the enterprise shall make application specified in Section 5.2 of this Guidance and send to assigned certifying body. Certifying body shall conduct certification assessment as prescribed in Section 5.3, Section 5.4 and Section 5.5 of this Guidance.

5.8. Changes after certification

5.8.1. Changes in certified products

a) If an enterprise has any request for changes in certified products (changes in components, composition or design of products ...) but still wants to keep the information relating to products (identifying information such as the brand, type, technical parameters, usage...), the enterprise shall immediately notify in writing the certifying body of detailed information related to the changes in the products in order to review or additionally test and assess the conformity of products before allowing the enterprise to put into production or circulation;

b) certifying body must review, make additional technical assessment documentation of the impact of the changes on the overall suitability of the product before deciding to keep certification results of products (together with the additional information about the changes). Another certification assessment may be conducted as defined in this Guidance if needed;

c) The enterprise has the responsibility to ensure the product safety if there is any changes in products.

5.8.2. Changes in information of the enterprise

a) The certified enterprise must notify in writing the certifying body of the following cases:

- There are changes in name of enterprise, address, phone number, names of authorized representatives, fax, email…;

- The enterprise stops the operation for more than 03 months;

- The enterprise dissolves of bankrupts

b) Certifying body must update the changes in the records, make appropriate decision and notify in writing the enterprise of the acceptance of these changes.

5.9. Suspension and revocation of Certificate

5.9.1. If there is the opinion of the competent authorities or the evidence of the nonconformity of products and/or the enterprise does not comply with the obligations stipulated in Clause 2, Article 46 of the Law on Technical regulations and standards or inspection assessment result mentioned in Section 5.7 does not meet the requirements or the enterprise does not notify the certifying body of the changes in certified electrical and electronic equipment; depending on the seriousness of the violation, certifying body must take appropriate handling measures such as suspension (no more than 03 months) or revocation of Certificate and the right to use issued Certificate. Certifying body must specify the conditions of suspension and revocation of Certificate.

5.9.2. When being suspended, the enterprise shall stop trading certified products; collect related goods in the market, total up the inventories labeled conformity mark CR; notify certifying body and competent agencies and take corrective actions.

5.9.3. If there is no evidence of satisfactory corrective actions related to the content of suspension when the suspension period expires, certifying body shall consider and revoke issued Certificate. In case of revocation of Certificate, the enterprise must return issued Certificate, must not use CR mark on related products from the effective date of temporary suspension.

6. Some requirements for keeping records of certification bodies

a) Documents, papers related to request application for conformity certification;

b) The records, evaluation reports, detailed photos related to the sample;

c) Type test reports, evaluation reports, product images, details of product composition;

d) Certificate of conformity;

e) Other related documents formed in conformity certification procedures.

7. Documents and forms

- Appendix 1: Type test report Form.

- Appendix 2: Certificate of conformity for household and similar electrical and electronic equipment conducted by method 1.

- Appendix 3: Guidance on the display of conformity mark (CR) and other relevant information on household electrical and electronic equipment in accordance with QCVN 09: 2012/BKHCN.