Vietnam: New list of information technology goods, subject to certification and declaration of conformity

In brief

On 31 May 2023, Vietnam's Ministry of Information and Communication (MIC) issued Circular No. 04/2023/TT-BTTTT ("Circular 04" or "New Circular") on the list of potentially unsafe goods under the management of the MIC (hereinafter referred to as "Group-2 Goods"). The New Circular will take effect on 15 July 2023, replacing the current Circular No. 2/2022/TT-BTTTT, dated 16 May 2022.


Contents

Key takeaways

The New Circular provides some noticeable amendments compared to Circular 2/2022/TT-BTTTT, as set out below:

  1. Update on the new national technical regulations/Quy chuẩn Kỹ thuật Quốc Gia (QCVN)
  2. New requirement for land mobile user equipment and 5G user equipment.

In depth

  1. Update on the new national technical regulations/Quy chuẩn Kỹ thuật Quốc Gia (QCVN)

Circular 04 provides a list of: (i) Group-2 Goods subject to certification and declaration of conformity; and (ii) Group-2 Goods subject to a declaration of conformity in accordance with the QCVN. Circular 04 supplements some new QCVNs to these lists as follows:

  1. QCVN 18:2022/BTTTT (National technical regulation on Electromagnetic Compatibility for Radio Equipment), effective on 1 May 2023, replacing QCVN 18:2014/BTTTT
  2. QCVN 130:2022/BTTTT (National technical regulation on electromagnetic compatibility for cordless audio devices operating on frequencies between 25 MHz and 2000 MHz), effective on 1 July 2023
  3. QCVN 131:2022/BTTTT (National technical regulation on E-UTRA NB IoT User Equipment — Radio Access), effective on 1 July 2023
  4. QCVN 132:2022/BTTTT (National technical regulation on electrical safety requirements for telecommunication and information terminal equipment), effective on 1 January 2024

Group-2 goods subject to new QCVNs above must adhere to new standards by the effective dates of such QCVNs.1 Particularly for QCVN 132: 2022/BTTTT, Group-2 goods subject to this QCVN are required to apply IEC 62368-1:2018 standard before 1 January 2024.

Further, the Circular removes the following QCVNs from the lists:

  1. QCVN 22:2010/BTTTT (National technical regulation on electrical safety of telecommunications terminal equipment)
  2. QCVN 65:2013/BTTTT (National technical regulation on radio access equipment operating in the 5 GHz band)
  3. QCVN 22:2021/BTTTT (National technical regulation on electrical safety requirements for terminal equipment to be connected to information and communication networks)
  1. New requirement for land mobile user equipment and 5G user equipment
  • From 1 July 2024, land mobile user equipment (excluding mobile phones)2 is required to apply E-UTRA FDD (4G) technology.
  • Existing certificates of conformity for land mobile user equipment (excluding mobile phones)3 that have applied W-CDMA FDD (3G) and GSM (2G and 2.5G) technology under QCVN 117:2020/BTTTT will be invalidated on 30 June 2024.
  • Existing certificates of conformity for 5G user equipment4 under either QCVN 127:2021/BTTTT or QCVN 129:2021/BTTTT will be invalidated on 30 June 2024.

The full Vietnamese text of the New Circular can be found here.


1 Article 4 of Circular 04

2  Land mobile user equipment (excluding mobile phones) under HS code 8517.62.59

3 Land mobile user equipment (excluding mobile phones) under HS code 8517.62.59

4 5G user equipment under HS codes 8517.13.00, 8517.14.00 and 8517.62.59

Contact Information

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.