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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:
03/2000/TT-TCBD
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Hanoi, July 26, 2000
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE PRIME
MINISTER’S DECISION No.178/1999/QD-TTg OF AUGUST 30,
1999 ON THE GOODS LABELING OF HOME-MADE AND IMPORTED END-TERMINAL SUBSCRIBED
TELECOMMUNICATIONS EQUIPMENT
Pursuant to the Prime Minister’s Decision No.178/1999/QD-TTg of August 30, 1999
promulgating the Regulation on the labeling of domestically circulated goods as
well as export and import goods (hereinafter referred to as the Regulation);
Pursuant to the Trade Ministry’s
Circular No.34/1999/TT-BTM of December 15, 1999 guiding the implementation of
the Prime Minister’s
Decision No.178/1999/QD-TTg of August 30, 1999 promulgating the Regulation on
the labeling of domestically circulated goods as well as export and import
goods;
The General Department of Post and Telecommunications hereby guides a number
of specific points concerning the goods labeling of end-terminal subscribed
telecommunications equipment (hereinafter referred to as the equipment labels),
as follows:
I.
GENERAL PROVISIONS
1.1. Scope of regulation: All end-terminal
subscribed telecommunications equipment made in Vietnam for domestic
circulation; and foreign-made end-terminal subscribed telecommunications
equipment imported for sale on the Vietnamese market must bear equipment labels
and the equipment labeling shall be conducted according to the provisions of this
Circular.
1.2. Application objects: This Circular governs
organizations, individuals and merchants manufacturing and/or trading in
end-terminal subscribed telecommunications equipment made in Vietnam for
domestic circulation; and those importing end-terminal subscribed
telecommunications equipment for sale in Vietnam.
1.3. Interpretation of terms:
In this Circular, the following terms shall be
understood as follows:
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1.3.2. Equipment labels are inscriptions,
prints, drawings, images and/or marks, which are imprinted or embossed directly
or affixed, stuck or pinned firmly on equipment or their packings to display
necessary and principal information on such equipment.
1.3.3. Equipment labeling is the inscription of
necessary and principal information on equipment on their labels in order to
provide consumers with vital information to identify such equipment and serve
as basis for purchasers to decide the selection of such equipment, and for
functional agencies to effect the inspection and supervision. Equipment labels
must be affixed at positions easily spotted by the consumers.
1.3.4. The content compulsorily inscribed on
equipment labels is the part containing the most important and essential
information on such equipment and prescribed in this Circular.
1.3.5. The content not compulsorily inscribed on
equipment labels is the part containing information other than the content
compulsorily inscribed on the equipment labels.
1.4. Basic requirements of equipment labels: All
letters, numerals, drawings, images, marks and/or signs put on equipment labels
must be clear and true to the real properties of such equipment. They must not
be ambiguously inscribed, thus causing mistakes for other equipment.
1.5. Languages used to display equipment labels:
1.5.1. Labels of domestically circulated
equipment must be inscribed in Vietnamese. Depending on the requirements of
each kind of equipment, the labels may be inscribed in foreign language(s) but
in smaller sizes.
1.5.2. For labels of equipment imported for
circulation and sale on the Vietnamese market, the language(s) on such
equipment’s labels shall be
displayed by one of the following methods:
a/ When signing the import contract, the
merchant shall request the equipment supplier to agree on the inscription on
the original labels of the compulsory contents’
information in Vietnamese.
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1.6. Equipment labels cannot be used as
surrogate for standard compatibility certificates of postal and
telecommunications supplies and equipment granted by the General Department of
Post and Telecommunications.
II.
CONTENTS TO BE INSCRIBED ON EQUIPMENT LABELS
2.1. Compulsorily inscribed contents:
2.1.1. Equipment appellations:
2.1.1.1. Equipment appellations must be clearly
inscribed on the equipment labels on the following principles:
a/ If equipment are of types with names
specified in the Vietnamese standards (VS), such equipment’s names shall be inscribed after those specified in
the Vietnamese standards.
b/ For an equipment with its name not yet
specified in the Vietnamese standards, such equipment shall bear the name
specified in the branch standards promulgated by the General Department of Post
and Telecommunications or the international standards which the General Department
of Post and Telecommunications has announced for application.
c/ In cases where an equipment has no name
according to provisions at Points a and b above, such equipment shall use the
name followed by its coding title specified in the International Harmonized
Commodity Description and Coding System which Vietnam has already publicized
for application.
d/ In cases where an equipment has no name
according to provisions at Points a, b and c above, the labeling of such
equipment shall be made with the use of a name concretely describing or clearly
stating its utility.
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2.1.1.3. The inscription of equipment names
according to the provisions at Point 2.1.1.1 above shall include the
standardized identification number (if any), model and configuration symbols
and serial number of such equipment.
2.1.2. Names and addresses of merchants
responsible for equipment:
- The inscription of the names of merchants
responsible for equipment on such equipment�s
labels shall be conducted on the following principles:
+ If the equipment is completely manufactured at
a manufacturing establishment, the name of the merchant responsible for such
equipment shall be the name of such manufacturing establishment, with the
following inscription on the equipment’s
label:
"Manufactured
at......................." or "Product of
......................"
+ If the equipment is assembled from various
components and spare parts produced by different production establishments, the
name of the merchant responsible for such equipment shall be the name of the
establishment that assembles finished products, with the following inscription
on the equipment’s label:
"Assembly
establishment..........................." or "Assembled at....................."
+ If the equipment is imported or sold by a sale
agent for foreign merchant, the name of merchant responsible for such equipment
shall be the name of the importing merchant or the merchant acting as the sale
agent, with the following inscription on the equipment’s
label:
"Importing
merchant......................" or "Agency
merchant......................"
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+ Each address shall comprise: House number,
street (village, hamlet), ward (commune), urban district (rural district,
provincial town), city (province).
+ Inscription of the address of the merchant’s head office where the merchant registers for
organizing its production and/or business activities.
2.1.3. Use, operation and maintenance
instructions:
- There must be on equipment’s labels the use and maintenance instructions and
cautions of dangers which may occur if the equipment are used improperly, as
well as the way of dealing with dangerous incidents (if any).
- In cases where an equipment’s label is not large enough for inscribing the
above-said instructions, such contents must be inscribed on a manual to be
provided together with the equipment to the equipment purchasers.
2.1.4. Equipment’s
origin:
For imported equipment, the merchants must
clearly inscribe on the equipment’s
labels the names of the countries of origin (manufacturing country and
exporting country) of the equipment.
2.2. Non-compulsory contents
2.2.1. Besides the compulsory contents that must
be clearly displayed on the equipment’s
labels as prescribed above, depending on the specific requirements and
peculiarities of each kind of equipment, merchants may inscribe other
information they deem necessary, which, however, must not contravene the
provisions of law and this Regulation.
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III. ACTS
OF VIOLATING THE LEGISLATION ON EQUIPMENT LABELING AND THE HANDLING OF
VIOLATIONS
3.1. Acts of violating the legislation on
equipment labeling include:
a/ Circulating equipment without prescribed
equipment labels;
b/ Inscribing on equipment labels information in
images, drawings or letters which are not true to the real properties of such
equipment;
c/ Using equipment labels which are so unclear
and dim that the contents inscribed thereon cannot be read by bare eyes;
d/ Failing to fully inscribe on equipment labels
the compulsory contents as prescribed in this Circular;
e/ Displaying contents on equipment labels not
in the prescribed sizes, positions or languages or by improper inscribing
method;
f/ Erasing, crossing out or modifying contents
inscribed on equipment labels;
g/ Changing equipment labels for the purpose of
deceiving consumers;
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All organizations and individuals that commit
any of the above-said acts of violating the legislation on goods labeling
regarding the end-terminal subscribed telecommunications equipment shall be
handled according to provisions of law.
3.2. The forms of and competence for handling of
violations in the field of goods labeling of end-terminal subscribed
telecommunications equipment shall comply with the regulations on the handling
of administrative violations in the field of trade.
3.3. The General Department of Post and
Telecommunications, which is the agency in charge of specialized State
management over post, telecommunications and radio frequencies, shall
coordinate with the agencies in charge of State management over commerce in
performing the State management over equipment labeling according to provisions
of law.
IV. ORGANIZATION
OF IMPLEMENTATION
4.1. This Circular takes effect 15 days after
its signing.
4.2. Those end-terminal subscribed equipment,
which had been labeled in old forms before the effective date of this Circular,
shall continue to be circulated till the end of December 31, 2000.
4.3. The units attached to the General
Department of Post and Telecommunications shall, within their respective
relevant powers and tasks, have to explain and guide the implementation of this
Circular.
4.4. Organizations, individuals and/or merchants
that manufacture, trade in and import end-terminal subscribed
telecommunications equipment shall have to implement the provisions of this
Circular.
4.5. Any problems arising in the course of
implementation must be promptly reported to the General Department of Post and
Telecommunications for study and settlement.
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FOR THE GENERAL DIRECTOR OF POST AND TELECOMMUNICATIONS
DEPUTY GENERAL DIRECTOR
Tran Duc Lai