📋 Tender Overview
According to the draft, the Department of Telecommunications is responsible for performing state management tasks on certification and conformity declaration for specialized information technology and communications products and goods nationwide.
The Departments of Information and Communications of provinces and centrally-run cities (Departments of Information and Communications) coordinate with the Department of Telecommunications to perform the management tasks of certification and declaration of conformity in the areas under their management responsibility.
The draft Circular clearly states that the list of products and goods that can potentially cause unsafety are under the management responsibility of the Ministry of Information and Communications, including:
a- List of specialized IT&T products and goods that must be certified and declared to be in conformity.
b- List of specialized IT products and goods that must be declared in conformity.
Products and goods in the "List of specialized IT&T products and goods that require certification and declaration of conformity" must be certified, declared to be in conformity and have a conformity mark attached.
Products and goods in the "List of specialized IT&T products and goods that must be declared conformant" must be declared conformant and have a conformity mark attached.
Organizations and individuals are obliged to pay the cost of conformity certification and the fee for receiving the declaration of conformity according to the provisions of current law.
Conformity assessment method
The draft Circular proposes the following method of conformity assessment and certification: Products and goods in the list of specialized IT products and goods that must be certified and declared to be conformable must be assessed and certified according to the conformity assessment method prescribed in the relevant technical regulations issued by the Ministry of Information and Communications. In cases where a technical regulation has been issued but does not yet have regulations on the conformity assessment method, the method specified in Appendix I of this Circular shall apply.
During the process of conformity certification assessment, in case it is necessary to assess the production facility and take samples or supervise testing organizations domestically or abroad, the Certification Organization can do so directly or through subcontractors.
The conformity assessment method must be specified on the Certificate of Conformity.
Certificate of Conformity
The draft clearly states that the validity of the Certificate of Conformity is appropriate for each conformity assessment method but lasts no more than 03 years or is only valid for each batch of products.
The conformity certification organization must publicly announce the form of the Certificate of Conformity on the website.
The Certificate of Conformity must be presented in two languages ??(Vietnamese and English) and include the following basic information: Name and address of the Conformity Certification Organization; name of the organization or individual granted the Certificate of Conformity; information of the certified product (Name; symbol; manufacturer; place of manufacture; ...); national technical regulation number; basis for granting the Certificate of Conformity (Test results; ...); method of conformity assessment; validity of the Certificate of Conformity; website address where the information of the Certificate of Conformity is published; place of issuance and date of issuance of the Certificate of Conformity.
The draft clearly states that for products and goods in the list of specialized information technology and communications products and goods, it is mandatory to declare conformity:
Organizations and individuals shall declare conformity based on the results of their own conformity assessment or the results of certification by a conformity certification organization or a recognized certification organization in accordance with the provisions of law. The declaration of conformity must be made according to the conformity assessment method prescribed in the relevant technical regulations issued by the Ministry of Information and Communications. In cases where the technical regulations do not have provisions on the conformity assessment method, the method specified in Appendix I of this Circular shall apply.
Domestically produced products are subject to Point a or Point b, Clause 2, Article 4 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended in Clause 2, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018. Imported goods are subject to Point a or Point b, Clause 2, Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended in Clause 3, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018.
For products and goods in the list of specialized information technology and communications products and goods that are required to be certified and declared to comply with regulations, organizations and individuals shall declare conformity based on the certification results of a conformity certification organization or a recognized certification organization according to the provisions of law. Domestically produced products shall comply with Point b, Clause 2, Article 4 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended in Clause 2, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018. Imported goods shall comply with Point b, Clause 2, Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008, amended in Clause 3, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018.
