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MINISTRY OF INFORMATION AND COMMUNICATIONS
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 10/2023/TT-BTTTT
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Hanoi, September 05, 2023
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CIRCULAR
PARTIAL/FULL SUSPENSION OF PROVISIONS OF SEVERAL TECHNICAL REGULATIONS
UNDER CIRCULAR NO. 04/2023/TT-BTTTT DATED MAY 31, 2023 OF MINISTER OF
INFORMATION AND COMMUNICATIONS PROVIDING FOR LIST OF POTENTIALLY UNSAFE
COMMODITIES UNDER THE MANAGEMENT OF THE MINISTRY OF INFORMATION AND
COMMUNICATIONS
Pursuant to the Law on
Quality of Products and Goods dated November 21, 2007;
Pursuant to the Law on
Telecommunications dated November 23, 2009;
Pursuant to the Law on
Radio Frequencies dated November 23, 2009, Law dated November 09, 2022 on
Amendments to some Articles of the Law on Radio Frequencies;
Pursuant to the Law on
Information Technology dated June 29, 2006;
Pursuant to the Law on
Promulgation of Legislative Documents dated June 22, 2015; Law dated June 18,
2020 on Amendments to some Articles of the Law on Promulgation of Legislative
Documents;
Pursuant to the
Government's Decree No. 132/2008/ND-CP dated December 31, 2008
elaborating the Law on Quality of Products and Goods, Government’s Decree
No. 74/2018/ND-CP dated May 15, 2018 on amendments to some Articles
of the Government's Decree No. 132/2008/ND-CP;
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Pursuant to the
Government’s Decree No. 48/2022/ND-CP dated July 26, 2022 defining functions,
tasks, powers and organizational structure of the Ministry of Information and
Communications;
At the request of
Director General of Department of Science and Technology,
The Minister of Information
and Communications hereby promulgates a Circular on partial/full suspension of
provisions of several technical regulations under Circular No. 04/2023/TT-BTTTT
dated May 31, 2023 of Minister of Information and Communications providing for
list of potentially unsafe commodities under the management of the Ministry of
Information and Communications.
Article
1. Suspension of effect
1. Provisions of several
technical regulations in points 1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5, 1.1.6,
1.1.8, 1.1.9, 1.1.10, 1.1.11, 1.1.12, 1.1.14, 2.1, 2.2, 2.3, 2.4 in the
Appendix I promulgated together with the Circular No. 04/2023/TT-BTTTT dated
May 31, 2023 of Minister of Information and Communications providing for list
of potentially unsafe commodities under the management of the Ministry of
Information and Communications are suspended in part/in full with the details
specified in the Appendix I to this Circular.
2. Provisions of several
technical regulations in points 3.1.1, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.3.3,
3.3.4, 3.3.5, 3.3.6, 3.3.8, 3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.14,
3.3.15, 4.1, 4.2, 4.3, 4.4 in the Appendix II promulgated together with the
Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of Minister of Information and
Communications providing for list of potentially unsafe commodities under the
management of the Ministry of Information and Communications are suspended in
part/in full with the details specified in the Appendix II to this Circular.
3. The provisions in
points 1.1.1, 1.1.2, 1.1.10, 2.1, 2.2, 2.3, 2.4 in the Appendix I to this
Circular shall be suspended for a period commencing on the effective date of
this Circular until December 31, 2023 inclusive.
4. The provisions in
points 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.8, 1.1.9, 1.1.11, 1.1.12, 1.1.14 in the
Appendix I and in points 3.1.1, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.3.3, 3.3.4,
3.3.5, 3.3.6, 3.3.8, 3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.14, 3.3.15,
4.1, 4.2, 4.3, 4.4 in the Appendix II to this Circular shall be suspended for a
period commencing on the effective date of this Circular until June 30, 2024
inclusive.
Article
2. Effect
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Article
3. Transitional clauses
1. Any organization or
individual concerned that, during the process of applying for conformity
certification, conformity declaration and inspection of quality of commodities
specified in Article 1 of this Circular for the purposes of import,
manufacturing or trading from July 15, 2023 to before the effective date of this
Circular, is entitled to apply the regulations laid down in this Circular.
2. During the suspension
period:
Any organization or
individual related to the commodities specified in Article 1 of this Circular
are not required to follow procedures for conformity certification and
conformity declaration regarding the suspended provisions specified in
technical regulations.
3. Upon expiry of the
suspension period:
a) Any organization or
individual concerned shall apply for conformity certification, conformity declaration
and inspection of quality of commodities specified in Article 1 of this
Circular in accordance with regulations of the Circular No. 04/2023/TT-BTTTT.
b) For any commodity
specified in Article 1 of this Circular which has been granted the certificate
of conformity under the Circular No. 04/2023/TT-BTTTT during the period of
suspension of this Circular, such certificate of conformity shall remain valid
until its expiry date.
c) For any commodity
specified in Article 1 of this Circular having its conformity certified and
declared and quality inspected during the suspension period, if the
manufacturing or import of such commodity is resumed, the additional
certification and declaration of its conformity are required regarding the
suspended provisions in technical regulations or its conformity must be
certified and declared again to be conformable with full technical regulations.
In the case of additional conformity certification, the new certificate of
conformity shall have the same period of validity as that of the original one.
Article
4. Chief of Office, Director General of Department of Science
and Technology, heads of agencies and units affiliated to the Ministry of
Information and Communications, and relevant organizations and individuals are
responsible for the implementation of this Circular./.
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THE MINISTER
Nguyen Manh Hung
APPENDIX I
LIST AND SUSPENDED PROVISIONS
OF TECHNICAL REGULATIONS FOR COMMODITIES SUBJECT TO CERTIFICATION AND
DECLARATION OF CONFORMITY
(Enclosed with the Circular No. 10/2023/TT-BTTTT dated September 05, 2023 of
the Minister of Information and Communications)
No.
Name of commodity
HS code under Circular No. 31/2022/TT-BTC
Technical regulation
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1
Radio transmitters
and transceivers operating in the 9 kHz to 400 kHz frequency band
1.1
Radio transmitters and
transceivers for use in land mobile or fixed services
1.1.1
Land mobile user
equipment
8517.13.00
8517.14.00
QCVN 117:2020/BTTTT
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8517.62.59
1.1.2
Fifth generation mobile
user equipment (5G)
8517.13.00
8517.14.00
QCVN 127:2021/BTTTT and
QCVN 129:2021/BTTTT
QCVN 18:2022/BTTTT
All
8517.62.59
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GSM base station
8517.61.00
QCVN 41:2016/BTTTT
Technical requirements
under severe/critical conditions
1.1.4
W-CDMA FDD base station
8517.61.00
QCVN 16:2018/BTTTT
Technical requirements
under severe/critical conditions
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E-UTRA FDD base station
8517.61.00
QCVN 110:2017/BTTTT
Technical requirements
under severe/critical conditions
1.1.6
Fifth generation (5G)
base station
8517.61.00
QCVN 128:2021/BTTTT
All
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All
1.1.8
W-CDMA FDD repeater
8517.62.59
QCVN 66:2018/BTTTT
Technical requirements
under severe/critical conditions
1.1.9
E-UTRA FDD repeater
8517.62.59
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Technical requirements
under severe/critical conditions
1.1.10
Fifth generation (5G)
repeater
8517.62.59
QCVN 18:2022/BTTTT
All
1.1.11
Radio equipment in the
Low Power Wide Area Networks (LPWAN)
8517.61.00
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8517.62.59
8517.62.69
8517.62.99
8517.69.00
- For equipment
operating in the 920 MHz to 923 MHz frequency band:
+ For equipment having an
effective radiated power of up to 25 mW ERP
QCVN 122:2020/BTTTT
Technical requirements
under severe/critical conditions if used on automobiles
9015.10.90
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9025.80.00
9027.89.90
8531.10.30
8531.90.90
8517.14.00
- E-UTRA NB IoT user
equipment:
QCVN 131:2022/BTTTT
Requirements for Total
Radiated Sensitivity (TRS) and Total Radiated Power (TRP)
1.1.12
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8517.14.00
QCVN 37:2018/BTTTT
Technical requirements
under severe/critical conditions
1.1.14
Land mobile radio
equipment using an integral antenna intended for the transmission of data
(and speech)
8517.62.59
QCVN 44:2018/BTTTT
Technical requirements
under severe/critical conditions
2.1
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8517.11.00
EEC 62368-1:2018
Technical requirements
of IEC 62368-1:2018 outside QCVN 132:2022/BTTTT
2.2
Non-specific
short-range radio transmitters and transceivers
8517.62.59
8517.62.69
QCVN 55:2011/BTTTT
Technical requirements
under severe/critical conditions
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Wideband data
transmission equipment operating in the 2,4 GHz band having an Equivalent
Isotropically Radiated Power (EIRP) from 60 mW to 200 mW
8517.62.51
QCVN 54:2020/BTTTT
Technical requirements
under severe/critical conditions
8806.21.00
8806.22.00
8806.23.00
8806.24.00
8806.29.00
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8806.22.00
8806.23.00
8806.24.00
8806.29.00
2.4
Radio access equipment operating
in the 5 GHz band and having an EIRP of at least 60 mW
8517.62.51
QCVN 65:2021/BTTTT
Technical requirements
under severe/critical conditions
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8806.22.00
8806.23.00
8806.24.00
8806.29.00
8806.21.00
8806.22.00
8806.23.00
8806.24.00
8806.29.00
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LIST AND SUSPENDED PROVISIONS
OF TECHNICAL REGULATIONS FOR COMMODITIES SUBJECT TO DECLARATION OF CONFORMITY
(Enclosed with the Circular No. 10/2023/TT-BTTTT dated September 05, 2023 of
the Minister of Information and Communications)
No.
Name of commodity
HS code under Circular No. 31/2022/TT-BTC
Technical regulation
Suspended provision of technical regulation
3
Radio transmitters
and transceivers operating in the 9 kHz to 400 GHz frequency band and having
effective radiated power of 60 mW or more
3.1
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3.1.1
Digital microwave radio
equipment
8517.62.59
- For point-to-point
radio equipment operating in the 1,4 GHz to 55 GHz frequency band:
QCVN 53:2017/BTTTT
Requirements for
antenna and technical requirements under severe/critical conditions
3.2
Radio transmitters and transceivers
used in satellite communications (excluding mobile stations used in maritime
and aeronautical communications)
3.2.1
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8517.62.59
QCVN 38:2011/BTTTT
All
3.2.2
VSAT equipment (Ku
band)
8517.62.59
QCVN 39:2011/BTTTT
All
3.3
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3.3.1
VHF transmitter as
coast station for GMDSS
8517.62.53
QCVN 24:2011/BTTTT
All
8517.62.59
3.3.2
Two-way VHF radiotelephone
apparatus for fixed installation in survival craft
8517.18.00
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All
3.3.3
Inmarsat-C ship earth
station equipment
8517.62.59
QCVN 28:2011/BTTTT
All
3.3.4
VHF radiotelephone used
on the survival craft
8517.18.00
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All
3.3.5
Emergency Position
Indicating Radio Beacons (EPIRBs) operating in the 406,0 MHz to 406,1 MHz
frequency band
8526.91.10
QCVN 57:2018/BTTTT
All
3.3.6
Personal Locator Beacon
(PLB) operating in the 406,0 MHz to 406,1 MHz frequency band
8526.91.10
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All
8526.91.90
3.3.8
Digital Selective
Calling DSC
8517.62.59
QCVN 58:2011/BTTTT
All
3.3.9
Transponders for search
and rescue radar
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QCVN 60:2011/BTTTT
All
3.3.10
Radiotelex equipment operating
in maritime MF/HF service
8517.62.59
QCVN 62:2011/BTTTT
All
3.3.11
Shipborne equipment of
the automatic identification systems (AIS)
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QCVN 68:2013/BTTTT
All
3.3.12
AIS Search and Rescue
Transmitter
8517.62.53
QCVN 107:2016/BTTTT
All
3.3.13
VHF radiotelephone for
the maritime mobile service
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QCVN 52:2020/BTTTT
All
3.3.14
MF and HF radio
telephone
8517.18.00
QCVN 59:2011/BTTTT
All
3.3.15
UHF radio telephone
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QCVN 61:2011/BTTTT
All
4
Short-range radio
transmitters and transceivers
4.1
Non-specific
short-range radio transmitters and transceivers
8517.62.59
8517.62.69
- For equipment
operating in the 13,553-13,567 MHz frequency band: QCVN 55:2011/BTTTT
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4.2
Radio Frequency
Identification (RFID) equipment
8523.52.00
8523.59.10
For equipment operating
in the 13,553 MHz to 13,567 MHz frequency band:
QCVN 55:2011/BTTTT
Technical requirements
under severe/critical conditions
8471.60.90
4.3
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8526.10.10
8526.10.90
For equipment operating
in the 76 GHz to 77 GHz frequency band: QCVN 124:2021/BTXTT
All
4.4
Wireless Power Transfer
8504.40.19
8504.40.90
QCVN 55:2011/BTTTT
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