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THE MINISTRY OF
POST AND TELECOMMUNICATIONS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
44/2006/QD-BBCVT
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Hanoi, November 03, 2006
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ON PROMULGATING THE
REGULATION ON TYPE APPROVAL AND DECLARATION OF CONFORMITY FOR PRODUCTS UNDER
THE SPECIALIZED MANAGEMENT OF THE MINISTRY OF POSTS AND TELEMATICS.
Pursuant to the May 25, 2002 Post and
Telecommunications Ordinance;
Pursuant to the Government's Decree No. 90/ 2002/ND-CP of November 11, 2002,
defining the functions, tasks, powers and organizational structure of the
Ministry of Post and Telematics;
Pursuant to the Government's Decree No. 160/2004/ND-CP of September 3, 2004
detailing the implementation of a number of articles on telecommunications of
the posts and telecommunications ordinance;
Pursuant to the Government's Decree No. 24/2004/ND-CP 0f January 14, 2004
detailing the implementation of a number of articles on radio frequency of the
posts and telecommunications ordinance;
Pursuant to the Government's Decree No. 179/2004/ND-CP of October 21, 2004
regulating the state management on quality of goods and products;
Considering the Dispatch No. 31/QLCL-CLSP of September 12, 2006 submitted by
the Director General of the Posts and Telematics Quality
Control Directorate;
At the proposals of Director General of Science and Technology
Department and Director General of Legal Affairs Department,
DECIDES:
Article 1. To
promulgate together with this Decision "the Regulation on Type Approval
and Declaration of Conformity for products subject to specialized management by
the Ministry of Posts and Telematics ".
Article 2. This
Decision takes effect 15 days after its publication in the Official Gazette.
This Decision replaces Decision No.
285/2000/QD-TCBD of March 29, 2000 of the Director General of Department
General of Posts and Telecommunications Promulgating the Regulation on Type
Approval of Posts and Telecommunications supplies and equipment, Decision No.
41/2004/QD BBCVT of Oct 5, 2004 of the Minister of Posts and Telematics
Promulgating the Regulation on Conformity Stamp of telecommunications
equipment, Decision No. 42/2004/QD-BBCVT of Oct 5, 2004 of the Minister of
Posts and Telematics Promulgating the List of telecommunications equipment
subject to affixing Conformity Stamp, Decision No. 43/2004/QD-BBCVT of Oct 5,
2004 of the Minister of Posts and Telematics Promulgating patterns of Conformity
Stamp, Decision No. 22/2005/QD-BBCVT of Jun 30, 2005 of the Minister of Posts
and Telematics on amendment of the Decision No. 42/2004/QD-BBCVT of Oct 5, 2004
of the Minister of Posts and Telematics Promulgating the List of
telecommunications equipments subject to affixing Conformity Stamp.
Article 3. The
General director of the Office, the General Director of Science and Technology
Department, the General directors of Departments, the heads of the units of the
Ministry of Post and Telematics; the heads of the concerned enterprises,
organizations and individuals trading and using electronics, telecommunications
and information technology products shall have to implement this Decision.
Receivers:
-
As in article 3;
- Government Office;
- Ministries, Ministerial level bodies, Government's Agencies;
- People Committees of provinces and municipal cities;
- People's Supreme Court;
- People's Supreme Procuracy;
- Ministers, Vice Ministers of Posts and Telematics;
- Department of legal document checking (Ministry of Justice);
- Official Gazette;
- Government's Website;
- ICT enterprises;
- Archives: VT, KHCN, QLCL.
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ON
PROMULGATING THE REGULATION ON TYPE APPROVAL AND DECLARATION OF CONFORMITY FOR
PRODUCTS SUBJECT TO SPECIALIZED MANAGEMENT BY THE MINISTRY OF POSTS AND
TELEMATICS
(Promulgated
together with the Decision No. 44/2006/QD-BBCVT dated November 3,
2006 of the Minister of Posts and Telematics )
Article
1. Purposes of Type Approval and Declaration of Conformity
Type approval and Declaration of
conformity are methods for sate management over the quality of products subject
to specialized management by the Ministry of Posts and Telematics.
Type approval is to ensure the
conformity of products for inter-connection, safety of national
telecommunications network, information security; Electronics Magnetic
Conformity (EMC) of products and effective usage of radio frequency resource;
safety and interests of users.
Declaration of Conformity is to
announce with state management bodies and users about the status of standard
conformity of products after a process of certifying or evaluating the quality
of products.
Article
2. Scope of regulation and objects of application
1. This document stipulates regulations
on type approval and declaration of conformity for products subject to
specialized management by Ministry of Posts and Telematics (from now on called
products for short), including: telecommunications products, radio frequency
transmitters and receivers, electronics and information technology products
(excluding products used for military and national security).
2. This document applies to all
organizations and individuals inside and outside Vietnam (from now on called
organizations and individuals for short) engaged in activities of
manufacturing, importing and trading products stated in clause 1 of this
article in Vietnam.
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Article
3. Applied standards
Standards applied for products
include branch standards, Vietnamese standards and international standards
which are compulsory under regulation of Ministry of Posts and Telematics to
apply or encouraged to apply, standards declared by organizations or
individuals to apply voluntarily and conform with regulations stipulated by the
law of Vietnam and international accords and agreements which Vietnam has
signed or acceded.
Article
4. The Management body on type approval and declaration of conformity
1. The Management body on type
approval and declaration of conformity (from now on called The management
body): Posts and Telematics Quality Control Directorate under the Ministry of
Posts and Telematics takes responsibility to implement regulations stipulated
by this document.
2. Certification organization:
the agency supplying technical services belongs to Posts and Telematics Quality
Control Directorate.
3. Contact points:
a) Northern region: 18 Nguyen Du,
Ha Noi.
b) Central region: 42 Tran Quoc
Toan str., Da Nang City.
c) Southern region: 27 Nguyen
Binh Khiem, District 1, Ho Chi Minh City.
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1. Testing laboratories for type
approval shall have to be in the list of testing laboratories announced by
Ministry of Posts and Telematics.
2. Testing laboratories for
declaration of conformity are those established under the rules of laws and
chosen by organizations and individuals having products declared of
standard-conformity.
3. Testing laboratories shall
bear legal responsibilities for the accuracy of testing results. Testing
results are not relevant to replace type approval certificates and notes for
declaration of conformity.
Article
6. The list of products and management method
1. According to each period,
Ministry of Posts and Telematics issue the following lists of products:
a) "The list of products
subject to specialized management by the Ministry of Posts and Telematics and
compulsory to be type-approved ". Organizations, individuals engaged in
activities of manufacturing or importing products in this list, excluding
products stipulated in the Article 7, shall have to type approve products as
stipulated in Chapter II and declare standard-conformity for products as
stipulated in Chapter III.
b) "The list of products
subject to specialized management by the Ministry of Posts and Telematics and
compulsory to conform with standards". Organizations, individuals engaged
in activities of manufacturing or importing products in this list, excluding
products stipulated in the Article 8, shall have to make declaration of
conformity as stipulated in Chapter III.
2. It is encouraged to type
approve and make declaration of conformity for products not included in the
lists stated in clause 1 of this article.
Article
7. Cases in which type approval is not required
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1. Products imported for personal
use include: electronics and information technology products, fixed and mobile
terminals for telecommunications and Internet services already licensed and
supplied in Vietnam.
2. Imported or domestically
manufactured products for demonstration, exhibition, or used as the sample for
testing and type approval.
3. Radio frequency transmitters,
receivers of diplomatic agencies, consulate agencies, international
organization representatives in Vietnam, high-ranking delegation with
diplomatic immunity privileges; temporary visit reporters and journalists (with
press license issued by Ministry of foreign affairs); radio amateurs.
Article
8. Cases in which declaration of conformity is not required
Products are in the list of
products stated in the clause 1 of article 6 but not required to be made
declaration of conformity in following cases:
1. Cases, in which type approval
is not required as stipulated in Article 7.
2. Imported or domestically
manufactured products for use by importers, organizations and individuals
themselves (not for trading in the market place)
Article
9. As for radio frequency transmitters and receivers
Radio frequency transmitters and
receivers which are imported, domestically manufactured (excepting products
manufactured for export) shall have to comply with national radio frequency
plan and ensure technical requirements on frequency, emission, electronics
magnetic conformity as regulated by Ministry of Posts and Telematics.
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Chapter
II.
Section 1. TYPES,
METHODS AND PROCEDURES OF TYPE APPROVAL
Article 10. Types of
type approval
1. Compulsory type approval: Is the granting
of type approval certificates for products in "The list of products
subject to specialized management by the Ministry of Posts and Telematics and
compulsory to be type-approved" which have technical specifications in
conformity with standards of compulsory application.
2. Voluntary type approval: Is the granting
of type approval certificates for products not in "The list of products
subject to specialized management by the Ministry of Posts and Telematics and
compulsory to be type-approved", which have technical specifications in
conformity with standards announced by Ministry of Posts and Telematics to be
applied compulsorily or declared by organizations, individuals to be applied voluntarily.
Article 11. Methods
of type approval
1. Method 1: Sample testing.
This method is applied for type approval of
following products:
a. Imported products.
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Type approval certificates are granted on the
basis of testing results of the sample.
2. Method 2: Sample testing and evaluating
conditions for quality control.
This method is applied for type approval of
products manufactured domestically by organizations, individuals who have not
been granted with quality management certificates.
The process of evaluating quality control
conditions is done at the manufacturing site and product samples shall be taken
for testing.
Type approval certificates shall be granted
on the basis of testing results of sample products and evaluating results of
quality control conditions.
Article 12.
Procedures of Type Approval
1. For type approval under the method 1:
Including following steps:
- Organizations, individuals take product
samples for testing by themselves (with the number of samples required by the
tests);
- Product samples are tested;
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- On the basis of evaluation results, Certification
organization shall or shall not grant type approval certificates. In case of
not granting type approval certificates, the certification organization shall
notify in writing to organizations, individuals applied for type approval with
reasons of refuse.
2. For type approval under the method 2:
Including following steps:
- Examining at the manufacturing sites to
evaluate conditions for quality control and taking product samples for testing
(with the number of samples required by the tests);
- Testing product samples;
- Evaluating the conformity of testing
results of product samples with applied standards;
- On the basis of evaluation results,
Certification organization shall or shall not grant type approval certificates.
In case of not granting type approval certificates, the certification
organization shall notify in writing to organizations, individuals applied for
type approval with reasons of refuse.
Article 13. Type
approval certificates
1. Type approval certificates issued by
Certification organization are valid through out the country.
2. Type approval certificate granted for each
product type has the maximum validity of three (03) years. During the validity
period of type approval certificates, organizations, individuals are allowed to
manufacture, import products with no volume limit.
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Section 2. PROCEDURES
FOR TYPE APPROVAL
Article 14. Dossier
of application for type approval
1. The dossier of application for type
approval sent to the certification organization includes:
a) Application for type approval with the
sample form given in the Annex II;
b) Copies of legal documents showing the
legal status of organizations, individuals as regulated by laws;
c) Related technical documents: Technical
manual, usage guide book, photographs of the outside of products, software and
installation instruction books; Certificates for quality control system (if
applicable);
d) Testing results of products (original
copy) issued by manufacturers or eligible testing laboratories which are
stipulated in clause 1, article 5 and satisfy requirements in article 16;
đ) Standards of voluntary application (for
voluntary type approval);
e) Manufacturing processes, quality
supervision procedures (for domestic manufacturers without quality control
system certificates).
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Article 15. Time
duration for processing type approval
1. Within ten (10) working days from the date
of receiving the complete and valid dossier, the certification organization
shall grant type approval certificates for applying organizations, individuals
or notify in writing organizations, individuals (in case type approval
certificates are not granted because products do not satisfy requirements for
type approval).
2. In special circumstances, when type
approval process needs more time than stipulated above, the certification
organization shall take responsibility to notify in writing the reasons of
delay to applying organizations, individuals. The maximum time for the granting
or non-granting of type approval certificates shall not exceed thirty (30)
days.
Article 16.
Requirements for testing results of products to be type approved
Original copies were issued within one (01)
year by the date of filing the dossier for type approval and have explicit
information on:
- Testing laboratories: Name, address;
- Organizations, individuals granted with
testing results: Name, Address;
- Products under tests: Name, product series,
manufacturer and place of manufacturing;
- Date of testing, date of granting results;
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- Testing results in details for each test.
Article 17. Fees for
type approval
Organizations, individuals shall have to pay
fees for type approval as regulated by the Ministry of Finance.
Chapter
III.
Article 18.
Declaration of conformity
1. For products in the list as stated in
clause 1 Article 6, before being circulated on the market, organizations,
individuals shall have to make declaration of conformity with two activities as
follows:
a) Making declaration of conformity in
writing to management bodies with contents and procedures as stipulated in the
Section 1 of this chapter.
b) Marking Conformity sign on each product to
allow users to realize and state management bodies to inspect, control on the
market. The marking of conformity sign is stipulated in Section 2 of this
chapter.
2. For products not in the list as stated in
clause 1 Article 6, organizations and individuals are encouraged to implement
clause 1 of this article.
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Article 19. Contents
of implementation
1. Declaration of conformity in writing to
management body is carried out in two steps as follows:
Step 1: Standard conformity assessment.
- For products in "The list of products
subject to specialized management by the Ministry of Posts and Telematics and
compulsory to be type-approved ", assessment of standard conformity shall
have to be carried out by the certification organization (third party).
- For products in the "The list of
products subject to specialized management by the Ministry of Posts and
Telematics and compulsory to conform with standards", assessment of
standard conformity can be carried out by organizations, individuals themselves
(first party) or by the certification organization.
Step 2: On the basis of assessment results,
the status of standard conformity of products shall be declared in writing to
management body.
2. Products are assessed against relating
compulsory standards (for products in the list as stated in clause 1, Article
6) or voluntary standards (for products not in the list as stated in clause 1,
Article 6).
3. Declaration of conformity is made on the
basis of results of standard conformity assessment of products.
Article 20.
Procedures for standard conformity assessment
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2. Standard conformity assessment carried out
by organizations, individuals themselves: Procedures following steps as
follows:
- Taking randomly samples as required by the
tests.
- Testing sample products against relating
standards at the testing laboratories chosen by organizations, individuals
themselves. Priority should be put to the testing laboratories announced,
designated or recognized by the Ministry of Post and Telematics.
- Conformity assessment is done by comparing
testing results with specifications of relating standards.
Article 21.
Procedures for declaration of conformity in writing
1. Organizations, individuals shall create
the dossier for declaration of conformity as follows:
a) The dossier for declaration of conformity
of products assessed by the certification organization to be in conformity with
relating standards:
- The note for declaration of conformity with
the sample form given in the Annex III.
b) The dossier for declaration of conformity
of products assessed by organizations, individuals themselves to be in
conformity with relating standards:
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- Notarized copies of documents showing the
legal status of organizations, individuals as regulated by laws;
- General descriptions of products
(performance, specifications, functions);
- Self-assessment of standard conformity in
together with testing results of products.
2. Organizations, individuals shall send
dossiers for declaration of conformity to the management body as stipulated in
Article 4.
3. The management body shall acknowledge
declaration of conformity by organizations, individuals through the
Acknowledgement of declaration of conformity with the sample form given in
Annex IV within five (05) working days from the date of receiving complete and
valid dossier.
4. After receiving the acknowledgement of
declaration of conformity, organizations, individuals shall have the right to
declare the status of standard conformity of products on mass media and within
thirty (30)days have to submit a notarized copy of The note of declaration of
conformity and a notarized copy of the Acknowledgement of declaration of
conformity to the Department of Posts and Telematics of the locality where the
business license was granted.
Section 2. MARKING
CONFORMITY SIGN
Article 22.
Principles of marking conformity sign
1. For products in the lists as stated in
clause 1, Article 6, organizations, individuals shall mark conformity sign by
printing, sticking or affixing conformity signs directly on products or
printing conformity signs on product labels that are affixed to products.
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Article 23.
Conformity sign
1. Conformity sign consists of:
a) Conformity sign for products which are
compulsory to conform with standards (with the sample form given in Annex V).
This sign is applied for products in
"The list of products subject to specialized management by the Ministry of
Posts and Telematics and compulsory to conform with standards".
b) Conformity sign for products which are
compulsory to be type approved (with the sample form given in Annex VI).
This sign is applied for products in
"The list of products subject to specialized management by the Ministry of
Posts and Telematics and compulsory to be type-approved ".
c) For products which are encouraged to be
marked with conformity sign as stated in clause 2, Article 22, conformity sign
shall be designed by organizations , individuals themselves and should have
information about the names of organizations, individuals, names and codes of
relating standards.
2. Dimension and layout of conformity sign:
Annex V and Annex VI figure out the
dimensions of conformity sign. In accordance with the dimensions of products,
conformity sign can be increased or decreased in size but should be in
proportion with the standard sign and can be explicitly realized.
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In case conformity sign is printed on other
materials for affixing or sticking, the materials should be chosen that
conformity sign shall be broken when being barked from products and it is
impossible to re-stick or re-affix conformity sign.
Article 24.
Management information on conformity sign
1. Conformity sign should bear management
information to serve management activities after type approval and declaration
of conformity were made. Management information consists of following
information (stated inAnnex V and Annex VI):
- Names of organizations, individuals;
- Management codes.
2. Names of organizations, individuals should
be in full or in abbreviations chosen by organizations, individuals themselves
and should not be duplicated with the names of other organizations,
individuals.
3. Management codes shall be defined and
managed by organizations, individuals themselves to help refer to the printing,
affixing, sticking of conformity sign in accordance with types of products
having been type approved.
4. Organizations, individuals shall have to
notify the management body the contents of management information (names of
organizations, individuals and management codes) before printing, marking
conformity signs. In case, there is a duplication in the names of
organizations, individuals, within ten (10) working days, the management body
shall notify in writing to organizations, individuals to adjust, amend the
names to ensure that the new names are not duplicated with the names being in
use by other organizations, individuals.
Chapter IV.
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1. Organizations,
individuals who manufacture, import products in "The list of products
subject to specialized management by the Ministry of Posts and Telematics and
compulsory to be type-approved " are only allowed to circulate products on
the market after they were granted with type approval certificates or made declaration
of conformity.
2. Organizations,
individuals who manufacture, import products in "The list of products
subject to specialized management by the Ministry of Posts and Telematics and
compulsory to conform with standards" are only allowed to circulate
products on the market after they made declaration of conformity.
3. Organizations,
individuals are not allowed to circulate on the market products in "The
list of products subject to specialized management by the Ministry of Posts and
Telematics and compulsory to be type-approved" belonging to cases in which
type approval is not required as stipulated in Article 7 but have not been type
approved.
4. Organizations,
individuals are not allowed to circulate on the market products in "The
list of products subject to specialized management by the Ministry of Posts and
Telematics and compulsory to conform with standards" belonging to cases in
which declaration of conformity is not required as stipulated in Article 8 but
have not been made declaration of conformity.
5. Organizations,
individuals who have been granted with type approval certificates and have made
declaration of conformity shall take responsibilities to maintain the quality
of products as having been type approved and made declaration of conformity,
take responsibilities in front of state authorities and users for provided
products.
6. In the process of
manufacturing or circulating on the market, if organizations, individuals
discover that products supplied are not in conformity with standards as having
been declared they shall have to report immediately to the management body and
carry out following actions:
- Temporarily ceasing
the circulation of products on the market and recalling products in circulation
on the market.
- Carrying out
relevant recovery actions and notifying the management body before resuming the
circulation of products on the market.
Article
26. Re-granting type approval certificates
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1. Names, brand
names, series of the type approved products have been changed.
2. The technical
design of the type approved products has been changed leading to the changes of
technical specifications of those products.
3. Type approval
certificates expire.
4. Type approval
certificates have been annulled.
Procedures for
re-applying type approval certificates are stipulated in Chapter II.
Article
27. Re-making declaration of conformity and reporting on the changes of
management information
1. Organizations,
individuals shall have to re-make declaration of conformity when any change has
been made to the contents of declared standards.
2. Organizations,
individuals shall have to inform the management body on any changes to the
management information.
Article
28. Archives and reports
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- Type approval
certificates: For products in "The list of products subject to specialized
management by the Ministry of Posts and Telematics and compulsory to be
type-approved" and voluntarily type approved products.
- The testing results
of products and the note of standard conformity assessment: For products not in
"The list of products subject to specialized management by the Ministry of
Posts and Telematics and compulsory to be type-approved" and assessment of
standard conformity was carried out by organizations, individuals themselves.
- The acknowledgement
of declaration of conformity.
- Sample patterns of
conformity signs being used.
2. Organizations,
individuals have to log and report on the marking of conformity signs for
products compulsory to be type-approved to the management body within twenty
(20) days of the first and the third quarter of each year. The sample report is
given in the Annex VII.
Article
29. The supervision of type-approved products by the certification
organization.
1. The supervision of
the certification organization over type-approved products aims at inspecting
and monitoring organizations, individuals over the maintenance of the quality
of type-approved products.
2. The ways of
supervision to ensure the quality of products:
a) For type approval
under method 1:
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b) For type approval
under method 2:
The supervision of
products' quality is carried out on the basis of the assessment of the
maintenance of conditions for ensuring products' quality by organizations,
individuals who were granted with type-approval certificates, testing results
of sample products taken from the manufacturing sites or the market against
type approval standards.
3. The certification
organization supervises the quality of products as follows:
- Regularity: Not
more than one (01) time during the valid duration of the type approval
certificate.
- Extraordinariness:
At the request from state authorities or when customers complaint about the
quality of certified products.
Article
30. Annulment of type approval certificates
1. Te certification
shall annul type-approval certificates in following cases:
- The supervision
report of products' quality shows that the quality of products was not ensured
as being certified;
- Organizations,
individuals who have been granted with type approval certificates do not follow
regulations on type approval and declaration of conformity.
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Article
31. The supervision by state authorities of products which have been type
approved and made declaration of conformity
1. Departments of
Posts and Telematics shall take responsibilities to supervise the quality of
products which have been type-approved and made declaration of conformity on
the basis of The note of declaration of conformity and the Acknowledgement of
declaration of conformity submitted by enterprises in the locality managed by
those Departments of Posts and Telematics.
2. State authorities
shall supervise the quality of products in accordance with the provisions of
law.
Chapter
V.
EXAMINATION,
INSPECTION AND HANDLING OF VIOLATIONS
Article
32. The Posts and Telematics Inspectorate
shall have to conduct regular or extraordinary examination and inspection of
the observance of regulations on type approval and declaration of conformity
according to the provisions of law.
Article
33. The examined and inspected organizations
or individuals shall have to fully provide sample products 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 34. Violations of regulations on type approval and declaration
of conformity shall be handled according to regulations stipulated in the
Government's Decree No. 142/2004/NĐ-CP of July 8, 2004 on sanctioning of
administrative violations in post, telecommunications and radio frequency and
other relating provisions of law.
Article
35. Complaints relating to type approval and
declaration of conformity shall be settled and handled in processes and
procedures according to law provisions.
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Article
36. Organizations, individuals who
manufacture, trade products in the list stated in clause 1, Article 6 shall
have to mark conformity sign as stipulated in Section 2, Chapter III within
ninety (90) days from the date of effect of this decision.
For products which had been
manufactured, imported and circulated in the market before the effective date
as stated in this article shall not have to follow regulations on marking
conformity sign as stated in Section 2, Chapter III.
Article
37. Departments of Posts and Telematics, the
Department of Radio Frequency shall take responsibilities to collaborate with
the Posts and Telematics Quality Control Directorate to instruct and examine
the implementation of regulations on type approval and declaration of
conformity in localities under their management responsibilities.
Article
38. In the course of implementation, if any
problem arises, agencies, organizations and individuals should promptly report
it to the Ministry of Posts and Telematics for consideration, supplement,
amendment.
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