[MIC] Draft and summary of comments on amendments to Circular 04/2023/TT-BTTTT

With the current difficulties faced by businesses in understanding and properly applying national technical standards and regulations for telecommunications technology products and equipment, the Ministry of Information and Communications has issued Specific updates on Circular 04/2023/TT-BTTTT after consulting with a number of businesses.

The initial expected information is given as follows:

1) Opinion 1: Some new QCVN issued in 2023 (QCVN 55, 110, 111) stipulate that it will take effect from July 1, 2024, and it is recommended that businesses be allowed to apply it earlier.

Results:

  • From the effective date of Circular amending and supplementing Circular 04 (expected May 15, 2024) to June 30, 2024: Enterprises can choose to apply according to the old version of QCVN or the new version of QCVN in testing activities, certification of conformity, and declaration of conformity.
  • From July 1, 2024: Enterprises apply the new version of QCVN. The customs certificate according to the old version of QCVN is still valid for use until the end of the paper's term, including the completion of state inspection registration documents according to the new version of QCVN.

Note:

The new QCVN has technical requirements that are more suitable to the practical situation, so choosing to apply the old/new QCVN will ensure the rights of users.

 

2) Opinion 2: Does the certificate of conformity for 5G mobile phones according to QCVN 127, 129 issued before January 1, 2024 need to supplement test results with n77, n78?

Results:

  • Certificates for 5G mobile phones according to QCVN 127, 129 issued before January 1, 2024 are valid until the expiration date stated on the paper (enterprises do not have to supplement test results n77, n78)

=> This content is implemented according to regulations, there are no regulations in Circular amending and supplementing TT04.

Note:

  • Circular 13/2023/TT-BTTTT planning for frequency bands n77 and n78 for 5G will take effect from January 7, 2024, so from this point on, businesses when testing and certifying conformity (new models) will be required for full testing include n77, n78.
  • Before January 1, 2024, businesses have committed to support n77 and n78 in regulatory conformity certification documents. QCVN 127 and 129 are unchanged, so they do not apply retroactively to issued certificates.

 

3) Opinion 3: Some QCVN have difficult technical requirements when testing (For example, TRP, TRS requirements, base station performance requirements...)

Results:

The provisions in Circular amending and supplementing Circular TT04 do not apply these technical requirements.

 

4) Opinion 4: Some QCVN still have difficulty in testing extreme conditions, it is recommended to continue to stop testing extreme conditions.

Results:

  • Continue testing regulations for extreme/critical conditions for Wifi Access Point products.
  • Extreme condition discontinuation for other products (mobile communication terminal equipment, short-range radio equipment, BTS stations, repeater stations... that have been discontinued or are being discontinued according to Circular 10) until the end of June 30, 2025.
  • End of suspension period (from July 1, 2025): Enterprises that have had a certificate of conformity and declaration of conformity during the suspension period (discontinued according to Circular 10 and continue to suspend according to Circular amending and supplementing Circular 04) must Additional certification on harsh conditions, declaration of conformity with full QCVN.
  • Quality inspection registration dossiers from January 1, 2024 to the effective date of Circular amending and supplementing Circular TT04 will be handled according to Circular amending and supplementing Circular TT04 (no testing or certification of additional extreme conditions is required until July 1, 2025)

Note:

  • The Ministry of Information and Communications has reviewed the testing capacity, thereby finding that the testing capacity of domestic laboratories for harsh conditions is still limited, testing at foreign laboratories is still difficult and requires more time to implement.
  • Continue to require extreme conditions testing for Wifi Access Point devices: Domestic laboratories have sufficient measurement capacity, and the equipment has specific characteristics for use in extreme conditions.
  • Continue to suspend testing under extreme conditions for other products (discontinued in Circular 10) for another year so that the laboratory can invest in testing capacity and businesses prepare for testing.

 

5) Opinion 5: Clarify the regulations applying QCVN to 5G BTS base stations?

Results:

The draft Circular amending and supplementing Circular 04 stipulates:

  • 5G-1-C, 1-H BTSs are discontinued to re-apply QCVN 128 (except for extreme/critical conditions)
  • 5G-1-O, 2-O BTSs stopped discontinuing QCVN 128 and switched to applying QCVN 47 right at the time the Circular amending and supplementing Circular TT04 took effect.
  • Supplementing regulations in Circular amending and supplementing TT04: Importers must declare and commit to the type of 5G BTS (1-C, 1-H, 1-O, 2-O) in the quality inspection registration dossiers.
  • 5G BTSs that support frequency bands n77 and n78 must be tested and certified for compliance with frequency bands n77 and n78 according to Appendix D of QCVN 128.

Note:

  • It is necessary to immediately put into management 5G BTS stations in the context of Vietnam deploying 5G commercialization.
  • 5G BTSs 1-C, 1-H will be measured according to QCVN 128 and 18: The number of types is not large, domestic (02 laboratories: CVT, Viettel) and foreign (1 laboratory: KR0032) testing capacity is ready. Testing capacity should be guaranteed.
  • 5G BTS types 1-O, 2-O will be tested according to QCVN 47 and 18: The number of types is not large, the testing capacity according to QCVN 47 at home and abroad is ready, so testing capacity is guaranteed.

 

6) Opinion 6: Clarify regulations on applying QCVN to marine and satellite equipment?

Results:

The draft Circular amending and supplementing Circular 04 stipulates:

  • The suspension of QCVN for marine and satellite equipment is extended until June 30, 2025.
  • Apply QCVN 47 immediately at the time the Circular takes effect.

Note:

  • The draft Circular amending and supplementing Circular 04 sent for comments stipulates the application of QCVN 47: temporarily apply QCVN 47 to replace QCVN separately to ensure management of safety issues during the shutdown period.
  • Marine and satellite goods products have a small number of types, many QCVN 47 measurement laboratories (4 domestic laboratories, 7 foreign laboratories) have guaranteed measuring capacity.
  • Stop applying separate QCVN for another year to develop testing capacity.

 

7) Opinion 7: Propose to allow the use of 1 radio module test result to certify the conformity of devices that integrate/use this same radio module (specifically the wifi module in the TV).

Results:

It is not expected to allow the use of test results based on the radio module to certify conformity for devices using the same radio module (for example, wifi module in TV).

Note:

  • There is no basis to ensure that the radio module integrated/used in this device, when integrated/used in another device, will have the same radio impact (due to use in other host devices, the power source may change, changing the operating conditions of the radio module, leading to different radio effects).
  • International experience: Europe does not approve radio modules.

 

8) Opinion 8: Consider exempting regulation conformity certification and declaration of conformity for products with radio receivers and transmitters produced domestically or imported for use by manufacturing or importing organizations and individuals

Results:

Expected amendment and supplementation of Circular 04: Supplementing regulations on exemption from customs duties and customs clearance for goods with radio receivers and transmitters produced domestically or imported for use by the producing or importing organizations and individuals.

  • Exempt conditions: Only certain types of radio receiver and transmitter products with low safety risk (belonging to the List of radio equipment exempt from radio frequency use licenses): radio devices short range integrated in desktop personal computers, laptops, tablets, and televisions with a capacity of less than 60mW.
  • Exempt quantity: up to 3 products
  • Exemption procedures: similar regulations in the case of products and goods exempted from Customs and Customs clearance in Circular 30/2011/TT-BTTTT (amended).

Note:

  • Equipment without a radio transceiver manufactured or imported for use by organizations or individuals is exempt from customs duties and customs clearance according to the provisions of Circular 30 (amended).
  • Some countries (USA, Taiwan, China, Singapore, Australia) have regulations to exempt certification and declaration of conformity when importing a small number (for example up to 3) of equipment with a low risk of unsafety, for personal use and not for sale.

 

9) Opinion 9: Issue of importing Wifi 6E and Wifi 7 devices: they are short-range radio devices but do not have the frequency band specified in Circular 08/2021/TT-BTTTT, so they are not allowed to be used in Vietnam and cannot perform regulation conformity certification or declaration of conformity?

Results:

Expected amendment and supplement to Circular 04: Supplementing regulations in Circular so that devices with wifi 6E and wifi 7 are certified and declared conformable and can be imported and used in Vietnam with the condition that the enterprise must commit to turning off/not activating the frequency band for wifi 6E and wifi 7 until Circular 08 is revised to include the band planning for wifi 6E and wifi 7.

  • For multi-band independent wifi devices, with bands in planning, and with wifi bands 6F and wifi 7: The wifi device manufacturer must commit to turning off wifi bands 6E and wifi 7 and the user cannot switch on without manufacturer support.
  • For host devices with integrated wifi 6E and wifi 7 modules: The host device manufacturer must commit to turning off wifi bands 6E and wifi 7 and users cannot switch on without the manufacturer's support.

Note:

  • Circular 08/2021/TT-BTTTT regulates wireless devices exempt from licenses and accompanying conditions: There is no specified frequency band for wifi 6E, wifi 7 (band 5.9 GHz - 7.1 GHz) and therefore is not allowed to be used in Vietnam.
  • Circular 04/2023/TT-BTTTT stipulates: Certification of conformity and declaration of conformity will only be carried out when short-range radio equipment meets the frequency band and technical and exploitation conditions specified in Circular 08, at Note (c) in Appendix I, II.

 

10) Opinion 10: Accept the test results according to TV chassis for QCVN 63:2020/BTTT on DVB-T2 television receivers.

Results:

Expected amendments and supplements to Circular 04:

  • Clarifying in the Circular the definition of chassis
  • Additional regulations: if using the same chassis test results, what documents need to be added to the declaration of conformity dossier (to confirm that the TVs share the same chassis)

Note:

The draft for comments has regulations on accepting chassis test results.

 

For more detais of Circular 04, see here.

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