REGULATION ON DESIGNATION OF TELECOMMUNICATIONS TESTING LABORATORIES FOR TEL MRA RECOGNITION (Unofficial Translation) Chapter I General Provisions Article 1 This document specifies procedures, requirements and conditions for designating testing laboratories to perform conformity assessment of telecommunication equipment, radio-communications equipment and associated EMC requirements under mutual recognition arrangements (MRA). Article 2 The Ministry of Posts and Telematics of Vietnam (MPT) may designate testing laboratories as conformity assessment bodies (CABs) for conformity assessment of telecommunication equipment to the technical regulations of foreign countries having Mutual Recognition Agreements or Arrangements (MRAs) with MPT or Vietnam. Article 3 Definitions 1. Accreditation is a procedure by which an authoritative body gives formal recognition that a body or person is competent to carry out specific tasks. 2. Designation is the nomination by a Designating Authority of a Conformity Assessment Body as competent to perform conformity assessment activities under the terms of an agreement or arrangement. 3. Designating Authority is a body with authority to designate, monitor, suspend designation, or withdraw designation of Conformity Assessment Bodies under its jurisdiction. 4. Recognition is the acceptance of a designated Conformity Assessment Body by a Regulatory Authority. 5. Testing laboratory is a laboratory that performs tests of telecommunication equipment, radio-communications equipment and associated EMC requirements. Chapter II Procedures and conditions for designation Article 4 To be eligible for designation as a CAB, the testing laboratory must: 1. be an entity legally established and operated under the law of Vietnam; 2. have the capability and technical competence in performing the tests against the technical regulations concerned; 3. have expert knowledge of all the applicable technical regulations and administrative requirements relevant to the conformity assessment of the equipment; 4. be accredited by Vietnam Laboratory Accreditation Scheme (VILAS) in accordance with ISO/IEC 17025 in the relevant area of telecommunications, EMC. The accreditation shall be relevant to the equipment types and technical regulations for which designation is sought; Article 5 Applications or enquiries for designation of CABs should be addressed to MPT at the following address: Department of Science and Technology Ministry of Posts and Telematics 18 Nguyen Du Street, Hanoi Vietnam Tel : +84-4-8226580 Fax :+84-4-9437328 Article 6 The application package should include the following: 1. Application Form (attached form to be completed). Application form is available from the address in the article 5 or Website; 2. Establishment decision or documents showing proof of the testing laboratory as an identifiable legal entity; 3. Certificate of Accreditation by VILAS, indicating the scope of accreditation and including information that the testing laboratories has been accredited to ISO/IEC; Article 7 Approval procedure 1. Approval is based on the evaluation of the application package. 2. After completion of evaluation by the MPT, the testing laboratory will be informed of the outcome of the application. Designation for MRA purposes will be carried out in accordance with the provisions of the applicable MRA. The designated laboratory then shall be introduced to the MRA partner for recognition. 3. When a designated laboratory is recognized by a foreign country (MRA party), MPT will notify the testing laboratory the results of recognition together with the recognition certificate by the MRA party. Chapter III Rights and Obligations of the designated testing laboratory Article 8 As for testing laboratories recognized by other MRA Parties, the testing results are accepted for conformity assessment of telecommunication equipment to the technical regulations of those parties. Article 9 Designated testing laboratories have the following obligations: 1. shall ensure that they maintain their accreditation status from VILAS. 2. shall ensure that their testing of equipment is in accordance with the procedures, rules and requirements as provided for under the MRA and procedures, rules and policies and requirements by the MRA parties who recognized the testing laboratory within the scope of recognition. 3. The duties of a testing laboratory shall include the publishing and maintaining of a list of equipment certifications, submission of testing/evaluation reports and other information as requested by MPT or required under the MRA, as appropriate. 4. shall immediately notify MPT on any of the following: a. changes in its legal, commercial, organization or premises; b. changes of accreditation status; c. changes which may affect continuing compliance with any of the criteria or requirements specified by relevant MRA. 5. shall fully bear responsibilities under laws on testing services provided. Chapter IV Post-designation Surveillance Article 10 As and when required, MPT will conduct surveillance assessments and other non-routine assessments on the designated laboratories to ensure that standards of practice are maintained or to investigate complaints made against designated testing laboratories on matters related to their designation. Article 11 MPT will notify the MRA parties who has recognized the designated testing laboratory the situation of the testing laboratory for the purposes of suspending or withdrawing the recognition of the testing laboratory if: 1. The testing laboratory’s accreditation by VILAS is withdrawn; 2. A MRA party suspends or withdraws the recognition of the testing laboratory. In this case, the old certificate will be replaced by a new one with the omission of the name of the MRA party which has no longer recognized that testing laboratory. 3. It is found that the testing laboratory is not complying with the criteria or requirements of this document, or with the requirements that it was designated and recognized to; or 4. The testing laboratory violated other regulations by laws. Chapter V Implementation provisions Article 12 The heads of the departments, bodies, and agencies attached to the Ministry of Posts and Telematics, Testing laboratories and relating organizations and individuals shall have to implement this regulation. The previous regulations contrary to this regulation shall all be annulled. Article 13 This document will be reviewed and amended from time to time to reflect necessary changes in requirements. MPT encourages comments and suggestions that will enhance the effectiveness of the document. For the Minister of Posts and Telematics Vice Minister Signed and sealed Nguyen Minh Hong