|
MINISTRY OF INFORMATION AND COMMUNICATIONS OF
VIETNAM
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 23/2022/TT-BTTTT
|
Hanoi, November 30, 2022
|
CIRCULAR
AMENDMENTS TO CIRCULAR NO. 03/2013/TT-BTTTT DATED
JANUARY 22, 2013 OF THE MINISTER OF INFORMATION AND COMMUNICATIONS ON TECHNICAL
REGULATIONS AND STANDARDS TO DATA CENTERS
Pursuant to the
Law on Technical Regulations and Standards dated June 29, 2006;
Pursuant to the
Law on Product and Goods Quality dated November 21, 2007;
Pursuant to the
Law on Telecommunication dated November 23, 2009;
Pursuant to the
Law on Information Technology dated June 29, 2006;
Pursuant to
Decree No. 25/2011/ND-CP dated April 6, 2011 of the Government elaborating the
Law on Telecommunication;
Pursuant to
Decree No. 48/2022/ND-CP dated July 26, 2022 of the Government on functions,
tasks, powers, and organizational structures of Ministry of Information and
Communications;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The Minister of
Information and Communications promulgates Circular on amendments to Circular
No. 03/2013/TT-BTTTT dated January 22, 2013 of the Minister of Information and
Communications on Technical Regulations and Standards to Data Centers.
Article 1.
Amendments to Circular No. 03/2013/TT-BTTTT dated January 22, 2013 of the
Minister of Information and Communications on Technical Regulations and
Standards to Data Centers
1.
Amendments to Article 2:
“Article 2.
Regulated entities
1. This Circular
applies to enterprises that design, build, operate, use data centers in order
to provide data center services (hereinafter referred to as “enterprises”) and
relevant certification, assessment bodies.
2. This Circular
does not apply to enterprises that design, build, operate, and utilize
small-scale edge data centers.
3. Organizations and
enterprises that build, operate other data centers are encouraged to apply
regulations under this Circular.”
2.
Amendments to Clause 3 and addition
of Clause 3, Clause 4 following Clause 2 Article 3:
“2. Technical
security level of data center means the “ranking” specified under TCVN
9250:2021 (or “rated” under ANSI/TIA-942-B:2017), and “tier” in Tier
classification standards of Uptime Institute.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Certification bodies
that have registered to operate in the field of certification, have been
designated by the Ministry of Information and Communications, foreign
certification and assessment bodies recognized by the Ministry of Information
and Communications to conduct assessment and certify conformity with the TCVN
9250:2021 (or the ANSI/TIA-942-B:2017). Designated or recognized certification,
assessment bodies must possess management system and operational capacity
satisfactory to the TCVN ISO/IEC 17021-1:2015 or the ISO/IEC 17021-1:2015 and
must have assessment capability satisfactory to TCVN 9250:2021 (or
ANSI/TIA-942-B:2017);
b) Organizations
authorized by Uptime Institute to conduct assessment and certify conformity to Tier
classification standards of the Uptime Institute.
4. Small-scale edge
data centers mean small data centers contained in prefabricated shells,
constantly supervised, and located at the edge of a network to support devices
and applications. A shell can be independent, in form of cabinet or container,
located indoor or outdoor.”
3.
Amendments to Article 4:
“Article 4.
Applied technical regulations and standards
Data centers must
apply the following technical regulations and standards:
1. National Standards
TCVN 9250:2021 (or the ANSI/TIA-942-B:2017), or
the Tier classification standards of Uptime Institute;
2. National
Technical Regulations QCVN 32:2020/BTTTT on lightning protection for
telecommunication stations and outside cable network;
3. National
Technical Regulations QCVN 9:2016/BTTTT on earthing for telecommunications
stations;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4.
Amendments to Article 5:
a) Amendments to
Point a Clause 1:
“a) Conduct
assessment and declare conformity of data centers with defined standards and
technical security level;
If data centers have
technical security level of 3 or 4: enterprises shall choose assessment,
certification bodies in accordance with Clause 3 Article 3 of this Circular to
assess and certify the data centers;
If data centers have
technical security level of 1 or 2: enterprises conduct assessment by
themselves or choose assessment, certification bodies in accordance with Clause
3 Article 3 of this Circular to assess and certify the data centers;”
b) Amendments to
Clause 3 and Clause 4:
“3. In regard to
technical regulations under Clause 4 Article 4 hereof, agencies and enterprises
are responsible for ensuring compliance with applicable regulations.
4. Agencies and
enterprises shall declare compliance of data centers with technical regulations
and standards before introducing the data centers into use and providing data
center services; report to the Ministry of Information and Communications (via
the Vietnam Telecommunication Agency) when changes of data centers lead to
deviation from previously declared details.”
5.
Amendments to Article 7:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“a) Receive and
manage applications for declaration of conformity with technical regulations
and standards of agencies, enterprises; prepare and actively provide online
public services on the internet as per the law;”
b) Addition of Point
c following Point b Clause 1:
“c) Cooperate with
relevant authorities in inspecting and examining enterprises that fail to
comply with this Circular; conducting irregular examination in response to
customer's complaints.”
c) Addition of
Clause 3 following Clause 2:
“3. The Department
of Science and Technology is responsible for:
a) reviewing,
amending, and adding technical regulations and standards applicable to data
centers and regulations under this Circular from time to time depending on
management situations;
b) guiding and
organizing designation, recognition of assessment, certification bodies that
assess, certify data centers conforming to technical standards and regulations
as per applicable laws;
c) Publishing list
of assessment, certification bodies designated and recognized on website of the
Ministry of Information and Communications.”
6.
Replace Appendix I of Circular No.
03/2013/TT-BTTTT with Appendix I hereunder.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. This Circular
comes into force from February 01, 2023.
2. Data centers whose
design has not been approved from the effective date hereof must comply with
this Circular.
3. In regard to data
centers whose design has been approved before the effective date hereof,
enterprises shall review the application of this Circular and request competent
individuals to decide.
Before introducing
data centers into operation, enterprises shall conduct self-assessment and
report to the Ministry of Information and Communications (via Vietnam
Telecommunication Agency) regarding conformity of the data centers with
technical standards and regulations under this Circular; publicly upload
results of conformity self-assessment of the data centers on the enterprises’
websites.
4. In regard to data
centers built and operated before the effective date hereof, enterprises shall
conduct self-assessment and report to the Ministry of Information and
Communications (via the Vietnam Telecommunication Agency) regarding conformity
of the data centers with technical standards and regulations under this Circular
while publicly uploading results of conformity self-assessment of the data
centers on their websites within 1 year
from the effective date hereof.
5. In regard to data
centers under Clause 3 and Clause 4 of this Article, enterprises are encouraged
to apply technical regulations and standards under this Circular for the
purpose of revising, renovating, upgrading data centers and declaring
conformity of data centers in accordance with Article 6 of Circular No.
03/2013/TT-BTTTT if conformity is achieved.
6. Difficulties that
arise during the implementation of this Circular should be reported to the
Ministry for consideration.
7. Chief of Office,
Director of Department of Science and Technology, Director of Vietnam
Telecommunication Agency, agencies, enterprises, relevant organizations and
individuals are responsible for the implementation of this Circular./.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
MINISTER
Nguyen Manh Hung
APPENDIX I
DECLARATION OF CONFORMITY FORM
(Attached to Circular No. 23/2022/TT-BTTTT dated November 30, 2022 of the
Minister of Information and Communications)
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
DECLARATION OF CONFORMITY
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Agency,
enterprise: …………………………………………………………………………
..................................................................................................................................................
Address:
...................................................................................................................................................
...................................................................................................................................................
Phone number:
……………………… E-mail:
.........................................................................
HEREBY DECLARE:
The data center:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
...................................................................................................................................................
Is designed and
built in a manner that conforms to: ………………………………………….
...................................................................................................................................................
with level of
technical security: ………………………………………………………………
Based on assessment
(or certification) results No. …………… dated ………. conducted by ……………. (name of
assessment or certification body).
(Location and date)
Legal representative of agency, enterprise
(signature, full name, seal)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.