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THE
GENERAL DEPARTMENT OF POST AND TELECOMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.285/2000/QD-TCBD
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Hanoi,
March 29, 2000
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DECISION
PROMULGATING THE REGULATION ON STANDARD-COMPATIBILITY
CERTIFICATION FOR POST AND TELECOMMUNICATIONS SUPPLIES AND EQUIPMENT
THE GENERAL DIRECTOR OF POST AND TELECOMMUNICATIONS
Pursuant to the Government’s Decree
No.12/CP of March 11, 1996 on the functions, tasks, powers and organizational
structure of the General Department of Post and Telecommunications;
Pursuant to the Government’s Decree No.109/1997/ND-CP of November 12, 1997 on
post and telecommunications;
At the proposals of the directors of the Department for Sciences, Technologies
and International Cooperation, the Department for Post and Telecommunications
Policies and the Post and Telecommunications Quality Control Center,
DECIDES:
Article 1.-
To issue together with this Decision the Regulation on standard-compatibility
certification for post and telecommunications supplies and equipment.
Article 2.-
This Decision takes effect as from April 1st, 2000.
Article 3.-
The director of the Office, the director of the Department for Sciences,
Technologies and International Cooperation, the director of the Department for
Post and Telecommunications Policies, the director of the Post and
Telecommunications Quality Control Center, the heads of the units attached to
the General Department of Post and Telecommunications as well as organizations
and individuals producing, trading in and using post and telecommunications
supplies and equipment shall have to implement this Decision.
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GENERAL DIRECTOR
OF POST AND TELECOMMUNICATIONS
Mai Liem Truc
REGULATION
ON STANDARD-COMPATIBILITY CERTIFICATION FOR POST AND
TELECOMMUNICATIONS SUPPLIES AND EQUIPMENT
(Issued
together with Decision No. 85/2000/QD-TCBD of March 29, 2000 of the General
Director of Post and Telecommunications)
Chapter I
GENERAL PROVISIONS
Article
1.- Objects and scope of regulation:
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2. This document shall apply to
all Vietnamese organizations and individuals as well as foreign organizations
and individuals having lawful representatives in Vietnam that produce for use
in Vietnam, import, trade in or use post and telecommunications supplies and/or
equipment on the Vietnamese territory.
3. Post and telecommunications
supplies and equipment defined in international agreements on mutual
recognition of standard-compatibility certification, which Vietnam has signed
or acceded to shall be regulated by such international agreements.
Article
2.- Contents of standard-compatibility certification for post and
telecommunications supplies and equipment include:
1. Promulgating and guiding the
implementation of, legal documents on standard-compatibility certification for
post and telecommunications supplies and equipment;
2. Issuing
standard-compatibility certificates for post and telecommunications supplies
and equipment;
3. Managing the measurement and
inspection of post and telecommunications supplies and equipment in service of
the standard-compatibility work;
4. Managing post and
telecommunications supplies and equipment after standard-compatibility
certification;
5. Examining and inspecting the
observance of the regulations on standard-compatibility certification for post
and telecommunications supplies and equipment. Handling violations, disputes or
complaints regarding standard-compatibility certification for post and telecommunications
supplies and equipment.
Article
3.- The General Department of Post and Telecommunications shall exercise
the State management over standard-compatibility certification for post and
telecommunications supplies and equipment on the basis of the branch standards,
Vietnamese standards and international standards announced by the General
Department of Post and Telecommunications for compulsory or optional
application, in accordance with the provisions of Vietnamese law and
international agreements which Vietnam has signed or acceded to.
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Article 5.-
The post and telecommunications supplies and equipment mentioned in this
Regulation include the special-use supplies and equipment on public and
exclusive post and telecommunications networks (except for post and
telecommunications networks used exclusively by the Defense Ministry and the
Ministry of Public Security for defense and security purposes); transmitters
and receiver-transmitters for radio and television broadcasting.
Article 6.-
The General Department of Post and Telecommunications shall prescribe lists of
home-made and import post and telecommunications supplies and equipment which
require the standard-compatibility certification, before they are allowed to be
circulated on the Vietnamese market or connected with the post and
telecommunications networks.
The General Department of Post
and Telecommunications shall announce the "list of post and
telecommunications supplies and equipment which require the standard-compatibility
certification" in each period.
Article 7.-
Post and telecommunications supplies and equipment shall not need
standard-compatibility certification in the following cases:
1. Post and telecommunications
supplies and equipment shall not need standard-compatibility certification but
must be approved by the General Department of Post and Telecommunications in
the following cases:
a/ Temporary import for
re-export of radio-transmitters and receiver-transmitters of international
delegations visiting Vietnam at the official invitation of Vietnamese agencies
and/or organizations.
b/ Temporary import for
re-export of post and telecommunications supplies and equipment for display
purpose.
c/ Temporary import for
re-export of post and telecommunications supplies and equipment for
demonstration purpose.
2. Post and telecommunications
supplies and equipment shall need neither standard-compatibility certification
nor approval by the General Department of Post and Telecommunications in the
following case:
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Article 8.-
The imported radio-transmitters handheld receiver-transmitters must be approved
by the General Department of Post and Telecommunications in terms of their
frequencies or frequency channels. The General Department of Post and
Telecommunications� approval shall be indicated in the standard-compatibility
certificates.
In addition to the compliance
with this Regulation on standard-compatibility certification, the use of
radio-transmitters and receiver-transmitters on the Vietnamese territory must
be permitted in writing by the General Department of Post and
Telecommunications and comply with the other provisions of law.
Chapter II
PROCESS AND PROCEDURES
FOR GRANTING OF STANDARD-COMPATIBILITY CERTIFICATES
Article 9.-
The standard-compatibility certification is made in two forms:
1. Compulsory
standard-compatibility certification, meaning the issuance of certificates to
post and telecommunications supplies and equipment on the "list of post
and telecommunications supplies and equipment which requite the
standard-compatibility certification", with technical norms compatible
with the standards announced by the General Department of Post and
Telecommunications for compulsory application.
2. Voluntary
standard-compatibility certification, meaning the issuance of certificates to
post and telecommunications supplies and equipment outside the "list of post
and telecommunications supplies and equipment which require the
standard-compatibility certification", with technical norms compatible
with the standards announced by the General Department of Post and
Telecommunications for compulsory or optional application; or to post and
telecommunications supplies and equipment on the "list of post and
telecommunications supplies and equipment which require the
standard-compatibility certification", with technical norms higher than
the standards announced by the General Department of Post and
Telecommunications for compulsory application.
Article
10.- The standard-compatibility certificates issued by the Post and
Telecommunications Quality Control Center shall be valid nationwide.
The standard-compatibility
certificates shall be valid for a certain period of time, depending on the
types of supplies and equipment to be certified. The time limits of the
standard-compatibility certificates shall be inscribed on such certificates.
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Article
11.- Procedures for standard-compatibility certification:
1. The dossiers of application
for standard-compatibility certification for post and telecommunications
supplies and equipment of organizations and individuals shall be made in
Vietnamese or English language and include:
a/ The application for
standard-compatibility certification;
b/ The import-export business
registration permit, or investment decision (for supplies and equipment
imported under the investment projects), or permit for the production of post
and telecommunications supplies and equipment applied for
standard-compatibility certification (notarized by the State notary public);
c/ The relevant technical
documents: Technical explanation and their manuals attached with photographs of
the outside of supplies and equipment;
d/ The results of the supplies
and equipment measurement and inspection conducted the producer or a competent
measuring-inspecting agency (defined in Article 16 of this Regulation), which
are announced by the General Department of Post and Telecommunications.
2. Address for dossier reception
and handling:
a/ The Post and
Telecommunications Quality Control Center, 18 Nguyen Du Street - Hanoi;
b/ The Region II-Post and
Telecommunications Department, 27 Nguyen Binh Khiem Street, District 1, Ho Chi
Minh City;
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3. The handling time-limit:
a/ Within 10 working days after
receiving a complete and valid dossier of application for
standard-compatibility certification, the Post and Telecommunications Quality
Control Center shall issue the standard-compatibility certificate to the
applying organization or individual. In case of refusing to grant the
standard-compatibility certificate as the post and telecommunications supplies
and equipment have failed to meet the standard-compatibility requirements, the
Post and Telecommunications Quality Control Center shall have to notify such in
writing.
b/ In cases where the dossier
lacks the results of measurement-inspection by the competent
measuring-inspecting agency, the Post and Telecommunications Quality Control
Center shall guide or appoint a measuring-inspecting agency to measure and
inspect the supplies and/or equipment. Within 10 working days after receiving
the additional measurement-inspection results, the Post and Telecommunications
Quality Control Center shall issue the standard-compatibility certificate to
applying the organization or individual. In case of refusing to grant the
standard-compatibility certificate as the supplies and/or equipment have failed
to meet the standard-compatibility requirements, the Post and
Telecommunications Quality Control Center shall have to notify such in writing.
c/ In special cases, where the
standard-compatibility certification requires a period of time longer than that
prescribed above, the Post and Telecommunications Quality Control Center shall
have to notify in writing the applying organization or individual, of the
reasons therefor. The maximum time-limit for the granting or non-granting of
standard-compatibility certificate shall not exceed 2 months.
Article
12.- Standard-compatibility certification charges and fees:
Organizations and individuals
applying for standard-compatibility certification for post and
telecommunications supplies and equipment shall have to pay the
standard-compatibility certificate granting fees to the Post and
Telecommunications Quality Control Center. Such fees shall be collected in
lump-sum right at the time of submitting dossiers of application for
standard-compatibility certification. The levels of fee for the granting of
standard-compatibility certificates shall comply with the stipulations of the
Finance Ministry. Post and telecommunications supplies and equipment
measurement and inspection charges shall not be included in the fees for
granting of standard-compatibility certificates.
Article
13.- The standard-compatibility certification for post and
telecommunications supplies and equipment shall be conducted on the basis of
examination and evaluation of dossiers of application for
standard-compatibility certification. The Post and Telecommunications Quality
Control Center shall have to archive the standard-compatibility certification
dossiers.
Based on the branch standards,
Vietnamese standards and international standards announced by the General
Department of Post and Telecommunications for compulsory or optional
application as well as the relevant legal documents, the Post and
Telecommunications Quality Control Center shall guide the evaluation, norms of
measurement and inspection in service of consideration for the granting of
standard-compatibility certificates.
In the course of consideration
and evaluation of the standard-compatibility certification, if deeming it
necessary, the Post and Telecommunications Quality Control Center shall
nominate a lawful measuring-inspecting agency to re-make the
measurement-inspection results or hire the consulting organizations or experts
to assist the Center in the evaluation.
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1. The standard-compatibility
certificate’s time-limit;
2. The stipulations on the
number and symbol of the standard-compatibility certificate for each type of
post and telecommunications supplies and equipment to be indicated in the
standard-compatibility labels (or standard-compatibility stamps), which shall
be printed or stuck on the surfaces of the supplies and/or equipment already
certified for the standard-compatibility;
3. The standard-compatibility
certification process;
4. The provisions on the norms
of evaluation of standard-compatibility certification;
5. The provisions on the norms
of measurement and inspection in service of the standard-compatibility
certification.
Article
15.- Organizations or individuals may apply for voluntary
standard-compatibility certification for post and telecommunications supplies
and equipment according to the base standards they have announced. In this
case, the dossier of application for certification must be added with the
following contents:
1. The base standards already
announced and registered according to the stipulations of the General
Department of Post and Telecommunications;
2. The process of production of
supplies and equipment applied for standard-compatibility.
Chapter
III
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Article
16.- The General Department of Post and Telecommunications shall announce
the lists of domestic and foreign agencies competent to measure and inspect
post and telecommunication supplies and equipment.
The Post and Telecommunications
Quality Control Center shall only recognize the measurement-inspection results
given by the measuring-inspecting agencies which have been announced by the
General Department of Post and Telecommunications.
Article
17.- The measurement-inspection results mentioned in Article 16 shall serve
as basis for the Post and Telecommunications Quality Control Center to consider
and certify the standard-compatibility for post and telecommunications supplies
and equipment.
Article
18.- The measuring-inspecting agencies shall take responsibility before law
for the accuracy of the measurement-inspection results. The
measurement-inspection results are not valid as the substitute for the
standard-compatibility certificates.
Chapter IV
MANAGEMENT OF SUPPLIES
AND EQUIPMENT AFTER STANDARD-COMPATIBILITY CERTIFICATION
Article
19.- Organizations and individuals are only allowed to circulate on the
Vietnamese market or install on the post and telecommunications networks the
post and telecommunications supplies and equipment on the "list of post
and telecommunications supplies and equipment which require the
standard-compatibility certification", which have the standard-compatibility
labels (or standard-compatibility stamps) as prescribed by the General
Department of Post and Telecommunications.
Article
20.- Organizations and individuals having post and telecommunications
supplies and equipment already certified for standard-compatibility shall have
to ensure the supplies’ and equipment’s quality as already certified and take
responsibility before the State agencies and customers for the quality of post
and telecommunications supplies and equipment provided by them.
Article
21.- Where there is any change in the already evaluated technical norms of
the post and telecommunications supplies and/or equipment which have been
certified for standard-compatibility or where the expired
standard-compatibility certificates have expired, the organizations or
individuals that have been granted standard-compatibility certificates for such
supplies and/or equipment shall have to re-apply for the standard-compatibility
certification. The procedures to re-apply for standard-compatibility
certification shall comply with the provisions in Article 11 of this
Regulation.
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1. The post and
telecommunications supplies and equipment fail to ensure the quality as already
certified;
2. The organizations or
individuals that have been granted the standard-compatibility certificates fail
to strictly comply with the provisions on standard-compatibility certification
for post and telecommunications supplies and equipment.
Article
23.- Organizations or individuals having post and telecommunications
supplies and equipment with standard-compatibility certificates already
invalidated may re-apply for standard-compatibility certification after
redressing the circumstances mentioned in Clauses a and b, Article 22 of this
Regulation. The procedures to re-apply for standard-compatibility certification
shall comply with the provisions of Article 11 of this Regulation.
Article
24.- The circulation and use on the public and private post and
telecommunications networks of the post and telecommunications supplies and
equipment on the "list of post and telecommunications supplies and
equipment which require the standard-compatibility certification" shall be
strictly forbidden, in the following cases:
1. They have not yet been
granted the standard-compatibility certificates;
2. The standard-compatibility
certificates have expired;
3. The standard-compatibility
certificates have been invalidated.
Chapter V
EXAMINATION, INSPECTION
AND HANDLING OF VIOLATIONS
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Article
26.- The examined and inspected organizations or individuals shall have to
fully provide the supplies and equipment samples 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
27.- The regional post and telecommunications departments and the Radio
Frequency Department shall have to coordinate with the Post and
Telecommunications Quality Control Center in guiding and inspecting the
implementation of the regulations on standard-compatibility certification for post
and telecommunications supplies and equipment in the regions under their
management responsibility.
Article
28.- Violations of the regulations on standard-compatibility certification
for post and telecommunications supplies and equipment shall be handled
according to the provisions of the Government’s Decree No.79/CP of June 19,
1997 on sanctioning administrative violations in the field of State management
over post, telecommunications and radio frequencies.
Article
29.- All complaints related to the work of standard-compatibility
certification for post and telecommunications supplies and equipment shall be
settled according to the order and procedures prescribed by law.
Chapter VI
IMPLEMENTATION PROVISIONS
Article
30.- This Regulation takes effect as from April 1st, 2000. The earlier
provisions contrary to this Regulation are all now annulled.
Article
31.- In the course of implementation, if any problem arises, agencies,
organizations and individuals should promptly report it to the General
Department of Post and Telecommunications for consideration, supplement and/or
amendment.