The Ministry of Information and Communications (MIC) of Vietnam has released Circular No. 2/2022/TT-BTTTT dated May 16, 2022 to replace the Circular 11/2020/TT-BTTTT and Circular 01/2021/TT-BTTTT specifying the new list of products under MIC Type Approval and Self-assessment DoC scope. The Circular No. 2/2022/TT-BTTTT shall take effect from July 01, 2022.
Summary of the New Circular
1. MIC has updated new national technical standards (QCVN) to the list including:
QCVN 22:2021/BTTTT (Safety of ICT product, enforced for DECT phone only at this moment)
QCVN 65:2021/BTTTT (RF for WLAN 5GHz)
QCVN 123:2020/BTTTT (RF for 40GHz ~ 246GHz SRD)
QCVN 124:2021/BTTTT (RF for 76GHz ~ 77GHz vehicle radar)
QCVN 127:2021/BTTTT (RF for 5G NR SA mobile terminal)
QCVN 129:2021/BTTTT (RF for 5G NR NSA mobile terminal)
2. MIC confirms that the list is applied for products having HS code and product descriptions which match it only.
3. Type approval certificate with either one of QCVN 65:2021/BTTTT and QCVN 65:2013/BTTTT are allowed for 5GHz ISM device for importation clearance from July 01, 2022.
4. A large number of products have been moved from Annex 1 - List of products under TA and DOC list to Annex II - List of products under DoC only including 76~77GHz radar, generic SRD working in certain frequency bands, RFID 13.56MHz, and SHF.
5. Several products has been completely removed from the mandatory list such as river-use VHF, Inmarsat F77 due to less importation.
Recommendation on the current Circular
1) Since both QCVN 65:2013/BTTTT and QCVN 65:2021/BTTTT are still applicable now, organizations and individuals can choose to apply for Type Approval with either one of the version. However, for a new application, the client should apply for the new version QCVN 65:2021/BTTTT for longer validity Type Approval certificate. For products which are going to be end-of-life before July 01, 2023, organizations and individuals can still use existing Type Approval certificate listing QCVN 65:2013/BTTTT, and no need to re-apply for QCVN 65:2021/BTTTT if such certificate will not be expired before July 01, 2023.
2) At present, Vietnamese laboratories do not have test instruments to test 5G equipment yet so they may not able to test and get MIC accreditation for QCVN 127:2021/BTTTT and QCVN 129:2021/BTTTT until mid 2023. The Vietnam MIC will allow to use test reports issued by ISO/IEC 17025 test laboratory for certification process. Applicants can provide test reports from ISO 17025 accredited test labs that show the test standards equivalent to QCVN 127:2021/BTTTT and QCVN 129:2021/BTTTT refers to.
3) Beside QCVN 127:2021/BTTTT and QCVN 129:2021/BTTTT, MIC will also allow test reports issued by ISO/IEC 17025 test laboratories for RF standards for products having operating frequency over 40GHz such as QCVN 123:2021/BTTTT, QCVN 124:2021/BTTTT.
4) Regarding vehicle radars with 76~77GHz operating frequency band and other bands which are over 40GHz
Since the QCVN 124:2021/BTTTT only covers Vehicle radar 76 ~ 77 GHz within its scope, if the radar can be operated at a frequency range lager than 76 ~ 77 GHz (eg: 76 ~ 81 GHz), then the applicable regulation are as below:
► Vehicle radar 76 ~ 77 GHz needs to comply with QCVN 124:2021/BTTTT and EMC QCVN 18:2014/BTTTT.
► Vehicle radar having operating frequency higher than 40GHz but not including 76 ~ 77 GHz, it needs to comply with QCVN 18:2014/BTTTT and QCVN 123:2021/BTTTT, if it covers one or more of the 61.0 GHz ~ 61.5 GHz, 122 GHz ~ 123 GHz, 244 GHz ~ 246 GHz bands.
► If the vehicle radar operating frequency range is including, but larger than 76 ~ 77GHz (eg: 76 ~ 81 GHz), and not including either one of the 61.0 ~ 61.5 GHz, 122 ~ 123 GHz, 244 ~ 246 GHz bands, then it must comply to QCVN 124:2021/BTTTT, QCVN 18:2014/BTTTT only.
5) There are still confusion within the Circular 02/2022/TT-BTTTT, such as:
► Item 2.8 of Appendix I described specifies that it is applicable for RFID including 9kHz ~ 25MHz RFID (no exception for 13.56MHz RFID), but item 4.2 of Appendix II also specifies that it is applied for 13.56MHz RFID. It means two items covers the same product, but certification scheme is different. If the RFID 13.56 MHz is considered to be under scope of Item 2.8 of Appendix I, it will need both Type Approval and SDoC. But if it is considered to be under scope of item 4.2 of Appendix II, it will need SDoC only (no need Type Approval). This issue also happens to item 2.2 of Appendix 1 and item 4.1 of Appendix II (4.1 is a part of 2.2).
Pending clarification from MIC /VTNA.
► Item 4.1 of Annex II described that it is applied for products having frequency range of 40GHz ~ 246GHz, but applicable QCVN is listing for 13.56MHz and 27MHz bands also. Because the item 2 of Article 1 specified “This Circular applies only to products and goods having HS code and descriptions specified in List of products and goods in Group 2”, it leads to understand that item Item 4.1 of Annex II is applied for products having listed HS code and operates in 40GHz ~ 246GHz only. It means products operated in 13.56MHz and 27MHz bands are not under applicable scope of the item 4.1 unless MIC issues another documents clarified this.
► MIC states that maritime radar is exempt from "Product Quality Inspection" for imported products but organizations or individuals still have to make self-assessment Declaration of Conformity before use. However, Pursuant to Decree 132/2008/ND-CP (amended and supplemented by the Decree 74/2018/ND-CP) SDoC is a part of the "Product Quality Inspection" process. MIC has not yet released guidance for applying for SDoC for maritime radar without applying for PQIR.