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Legal Update

Circular 05 Lists Potentially Unsafe Products and Goods Under MIC Management

5 May 2014
Mayer Brown JSM Legal Update

On 6 April 2011 the government issued Decree No. 25/2011/ND-CP to detail and guide the implementation of the Law on Telecommunications (Decree 25). Decree 25, among other things, empowers the Ministry of Information and Communications (MIC) to issue lists of products and goods under MIC management that are capable of causing harm.

To give effect to the provisions of Decree 25, the MIC issued Circular No. 05/2014/TT-BTTTT (Circular 05) on 19 March 2014, which provides such lists of products and goods. Circular 05 takes effect as from 5 May 2014 and replaces Circular No. 20/2011/TT-BTTTT on the same subject.

Circular 05 applies to both local and foreign organisations and individuals that engage in the production and trading of products and goods capable of causing harm.

Two lists of products and goods are issued in conjunction with Circular 05. These include a list of IT and communication products and goods that are subject to type approval certification and type approval declaration (Appendix No. 01 attached to Circular 05); and a list of IT and communication products and goods that are subject to type approval declaration (Appendix No. 02 attached to Circular 05).

The management of the quality of the products and goods on the lists is made pursuant to the provisions of Circular No. 30/2011/TT-BTTTT dated 31 October 2011 of the MIC which, inter alia, provides for the procedures for type approval certification and type approval declaration.

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