Thông tư 03/2013/TT-BTTTT Quy định áp dụng tiêu chuẩn quy chuẩn kỹ thuật

• Số hiệu: 03/2013/TT-BTTTT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Thông tin và Truyền thông
• Người ký: Nguyễn Bắc Son
• Ngày ban hành: 22/01/2013

MINISTRY OF INFORMATION AND COMMUNICATIONS --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ----------------
No. 03/2013/TT-BTTTT	Hanoi, January 22, 2013

CIRCULAR

APPLICATION OF TECHNICAL REGULATIONS AND STANDARDS TO DATA CENTERS

Pursuant to the Law on telecommunications dated November 23, 2009;

Pursuant to the Law on Information technology dated June 29, 2006;

Pursuant to the Law on Technical regulations and standards dated June 29, 2006;

Pursuant to the Government's Decree No. 25/2011/NĐ-CP dated April 06, 2011 on guidelines for some Articles of the Law on telecommunications;

Pursuant to the Government's Decree No. 187/2007/NĐ-CP dated December 25th 2007, defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications; the Government's Decree No. 50/2011/NĐ-CP on amendments to Decree No. 187/2007/NĐ-CP;

At the request of Director of Science and Technology Department;

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Article 1. Scope

This Circular deals with application of technical regulations and standards to the design, construction, operation of data centers in Vietnam.

This Circular only applies to data centers that are designed and constructed from the effective date of this Circular.

Article 2. Regulated entities

This Circular applies to regulatory agencies that invest in construction of data centers using state budget (hereinafter referred to as agencies) and enterprises that construct data center to provide data center services (hereinafter referred to as enterprises).

Other organizations and individuals are recommended to apply this Circular when designing, constructing, and operating data centers.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Data center means a construction that includes infrastructure (building, cable system), computer system and auxiliary equipment installed therein to store, exchange, and manage data of one or multiple organizations or individuals.

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Article 4. Applied technical regulations and standards

During the process of design, construction, and operation of data centers, agencies and enterprises must apply the following technical regulations:

1. National Standard: TCVN 9250:2012 - Data centers - Telecommunications technical infrastructure requirement;

2. QCVN 32:2011/BTTTT: National Technical Regulation on lightning protection for telecommunication stations and outside cable network;

3. QCVN 9:2010/BTTTT: National Technical Regulation on earthling of telecommunication stations;

4. National Standard: TCVN 3890:2009 - Fire protection equipments for construction and building – Providing, installation, inspection, maintenance;

5. QCVN 06:2010/BXD: National Technical Regulation on fire safety of buildings.

Article 5. Responsibilities of agencies and enterprises

1. With regard to the standards prescribed in Clause 1 Article 4 of this Circular, agencies and enterprises have the responsibility to:

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b) Declaration procedures are specified in Article 6 of this Circular.

2. With regard to the technical regulations prescribed in Clause 2 and Clause 3 Article 4 of this Circular, agencies and enterprises have the responsibility to:

a) Select an inspecting unit appointed by the Ministry of Information and Communications to inspect the conformity of the data center. Data centers shall be inspected and apply technical regulations similarly to telecommunications stations;

b) Declare the conformity of their data centers with the technical regulations according to inspection results;

c) Declaration procedures are specified in Article 6 of this Circular.

3. With regard to the technical regulations and standards prescribed in Clause 4 and Clause 5 Article 4 of this Circular, agencies and enterprises have the responsibility to comply with applicable regulations.

4. Agencies and enterprises are only allowed to put their data centers into operation after receiving the notice of receipt of the conformity declaration issued by the regulatory body under the procedures for announcement of conformity with technical regulations/standards prescribed in Article 6 of this Circular.

5. Agencies and enterprises are responsible for implementing technical measures to maintain the conformity of their data centers with the technical regulations/standards prescribed in Article 4 of this Circular throughout their operation.

Article 6. Procedures for declaring conformity of data centers with the technical regulations/standards

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2. Quantity: 01 set.

3. A set of application consists of:

a) Certified true copies of one of the documents proving the legal status of the applicant, including: certificate of business registration; establishment decision/license, certificate of investment/investment license;

b) Documents that contain descriptions of infrastructure of the data center;

c) The declaration of conformity of the data center with applied standards according to Clause 1 Article 4 of this Circular (the template is provided in Appendix I of this Circular);

d) The declaration of conformity of the data center with applied technical regulations according to Clause 2 and Clause 3 Article 4 of this Circular (the template is provided in Appendix II of this Circular);

dd) Inspection results showing that the data center is conformable with technical regulations according to Clause 2 and Clause 3 Article 4 of this that are issued within 01 year prior to the day on which sufficient documents are received.

4. Within 07 working days from the receipt of the application:

a) If the application is granted, the Vietnam Telecommunications Authority shall issue a notice of receipt of the conformity declaration (the template is provided in Appendix III of this Circular) to the agency/enterprise.

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5. After receiving the notice of receipt of the conformity declaration, the enterprise shall post the declaration of conformity at its transaction offices and notify its clients of the conformity of the data center with technical regulations/standards.

Article 7. Responsibilities of regulatory bodies

1. The Vietnam Telecommunications Authority has the responsibility to:

a) Receive, manage applications for declaration of conformity submitted by agencies and enterprises;

b) Publish the list of data centers having declarations of conformity on its website;

c) Cooperate with relevant regulatory bodies in inspecting agencies and enterprises that fail to comply with this Circular.

2. Departments of Information and Communications of provinces have the responsibility to:

a) Inspect the implementation of regulations on application of technical regulations and standards to data centers in their provinces;

b) Discover, report issues related to management of application of technical regulations and standards to data centers; report and propose measures for local management to the Ministry of Information and Communications;

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1. This Circular comes into force from March 15, 2013.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications (Science and Technology Department) for consideration.

3. Chief of office, Director of Science and Technology Department, Director of the Vietnam Telecommunications Authority, heads of agencies and units affiliated to the Ministry of Information and Communications, relevant agencies and enterprises are responsible for the implementation of this Circular./.

MINISTER




Nguyen Bac Son