List of Vietnam Law
Circular No. 10/2023/TT-BTTTT dated September 05, 2023 of the Ministry of Information and Communications on partial/full suspension of provisions of several technical regulations under Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of the Minister of Information and Communications providing for list of potentially unsafe commodities under the management of the Ministry of Information and Communications
Date: 9/5/2023
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MINISTRY OF INFORMATION AND COMMUNICATIONS
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
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No. 10/2023/TT-BTTTT
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Hanoi, September 05, 2023
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CIRCULAR
PARTIAL/FULL SUSPENSION OF PROVISIONS OF SEVERAL TECHNICAL REGULATIONS UNDER CIRCULAR NO. 04/2023/TT-BTTTT DATED MAY 31, 2023 OF MINISTER OF INFORMATION AND COMMUNICATIONS PROVIDING FOR LIST OF POTENTIALLY UNSAFE COMMODITIES UNDER THE MANAGEMENT OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS
Pursuant to the Law on Quality of Products and Goods dated November 21, 2007;
Pursuant to the Law on Telecommunications dated November 23, 2009;
Pursuant to the Law on Radio Frequencies dated November 23, 2009, Law dated November 09, 2022 on Amendments to some Articles of the Law on Radio Frequencies;
Pursuant to the Law on Information Technology dated June 29, 2006;
Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; Law dated June 18, 2020 on Amendments to some Articles of the Law on Promulgation of Legislative Documents;
Pursuant to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 elaborating the Law on Quality of Products and Goods, Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 on amendments to some Articles of the Government's Decree No. 132/2008/ND-CP ;
Pursuant to the Government's Decree No. 13/2022/ND-CP dated January 21, 2022 on amendments to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008, Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 elaborating the Law on Quality of Products and Goods and Government’s Decree No. 86/2012/ND-CP dated October 19, 2012 elaborating some Articles of the Law on Measurement;
Pursuant to the Government’s Decree No. 48/2022/ND-CP dated July 26, 2022 defining functions, tasks, powers and organizational structure of the Ministry of Information and Communications;
At the request of Director General of Department of Science and Technology,
The Minister of Information and Communications hereby promulgates a Circular on partial/full suspension of provisions of several technical regulations under Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of Minister of Information and Communications providing for list of potentially unsafe commodities under the management of the Ministry of Information and Communications.
Article 1. Suspension of effect
1. Provisions of several technical regulations in points 1.1.1, 1.1.2, 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.8, 1.1.9, 1.1.10, 1.1.11, 1.1.12, 1.1.14, 2.1, 2.2, 2.3, 2.4 in the Appendix I promulgated together with the Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of Minister of Information and Communications providing for list of potentially unsafe commodities under the management of the Ministry of Information and Communications are suspended in part/in full with the details specified in the Appendix I to this Circular.
2. Provisions of several technical regulations in points 3.1.1, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.3.3, 3.3.4, 3.3.5, 3.3.6, 3.3.8, 3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.14, 3.3.15, 4.1, 4.2, 4.3, 4.4 in the Appendix II promulgated together with the Circular No. 04/2023/TT-BTTTT dated May 31, 2023 of Minister of Information and Communications providing for list of potentially unsafe commodities under the management of the Ministry of Information and Communications are suspended in part/in full with the details specified in the Appendix II to this Circular.
3. The provisions in points 1.1.1, 1.1.2, 1.1.10, 2.1, 2.2, 2.3, 2.4 in the Appendix I to this Circular shall be suspended for a period commencing on the effective date of this Circular until December 31, 2023 inclusive.
4. The provisions in points 1.1.3, 1.1.4, 1.1.5, 1.1.6, 1.1.8, 1.1.9, 1.1.11, 1.1.12, 1.1.14 in the Appendix I and in points 3.1.1, 3.2.1, 3.2.2, 3.3.1, 3.3.2, 3.3.3, 3.3.4, 3.3.5, 3.3.6, 3.3.8, 3.3.9, 3.3.10, 3.3.11, 3.3.12, 3.3.13, 3.3.14, 3.3.15, 4.1, 4.2, 4.3, 4.4 in the Appendix II to this Circular shall be suspended for a period commencing on the effective date of this Circular until June 30, 2024 inclusive.
Article 2. Effect
This Circular comes into force from the day on which it is signed.
Article 3. Transitional clauses
1. Any organization or individual concerned that, during the process of applying for conformity certification, conformity declaration and inspection of quality of commodities specified in Article 1 of this Circular for the purposes of import, manufacturing or trading from July 15, 2023 to before the effective date of this Circular, is entitled to apply the regulations laid down in this Circular.
2. During the suspension period:
Any organization or individual related to the commodities specified in Article 1 of this Circular are not required to follow procedures for conformity certification and conformity declaration regarding the suspended provisions specified in technical regulations.
3. Upon expiry of the suspension period:
a) Any organization or individual concerned shall apply for conformity certification, conformity declaration and inspection of quality of commodities specified in Article 1 of this Circular in accordance with regulations of the Circular No. 04/2023/TT-BTTTT .
b) For any commodity specified in Article 1 of this Circular which has been granted the certificate of conformity under the Circular No. 04/2023/TT-BTTTT during the period of suspension of this Circular, such certificate of conformity shall remain valid until its expiry date.
c) For any commodity specified in Article 1 of this Circular having its conformity certified and declared and quality inspected during the suspension period, if the manufacturing or import of such commodity is resumed, the additional certification and declaration of its conformity are required regarding the suspended provisions in technical regulations or its conformity must be certified and declared again to be conformable with full technical regulations. In the case of additional conformity certification, the new certificate of conformity shall have the same period of validity as that of the original one.
Article 4. Chief of Office, Director General of Department of Science and Technology, heads of agencies and units affiliated to the Ministry of Information and Communications, and relevant organizations and individuals are responsible for the implementation of this Circular./.
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THE MINISTER
(Signed and sealed) Nguyen Manh Hung |
APPENDIX I
LIST AND SUSPENDED PROVISIONS OF TECHNICAL REGULATIONS FOR COMMODITIES SUBJECT TO CERTIFICATION AND DECLARATION OF CONFORMITY
(Enclosed with the Circular No. 10/2023/TT-BTTTT dated September 05, 2023 of the Minister of Information and Communications)
(Enclosed with the Circular No. 10/2023/TT-BTTTT dated September 05, 2023 of the Minister of Information and Communications)
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No.
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Name of commodity
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HS code under Circular No. 31/2022/TT-BTC
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Technical regulation
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Suspended provision of technical regulation
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1
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|||||
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1.1
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Radio transmitters and transceivers for use in land mobile or fixed services
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||||
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1.1.1
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Land mobile user equipment
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8517.13.00
8517.14.00
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QCVN 117:2020/BTTTT
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Technical requirements under severe/critical conditions
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8517.62.59
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|||||
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1.1.2
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Fifth generation mobile user equipment (5G)
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8517.13.00
8517.14.00
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QCVN 127:2021/BTTTT and QCVN 129:2021/BTTTT
QCVN 18:2022/BTTTT
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All
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8517.62.59
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|||||
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1.1.3
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GSM base station
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8517.61.00
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QCVN 41:2016/BTTTT
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Technical requirements under severe/critical conditions
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1.1.4
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W-CDMA FDD base station
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8517.61.00
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QCVN 16:2018/BTTTT
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Technical requirements under severe/critical conditions
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1.1.5
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E-UTRA FDD base station
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8517.61.00
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QCVN 110:2017/BTTTT
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Technical requirements under severe/critical conditions
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1.1.6
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Fifth generation (5G) base station
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8517.61.00
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QCVN 128:2021/BTTTT
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All
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QCVN 18:2022/BTTTT
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All
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1.1.8
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W-CDMA FDD repeater
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8517.62.59
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QCVN 66:2018/BTTTT
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Technical requirements under severe/critical conditions
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1.1.9
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E-UTRA FDD repeater
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8517.62.59
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QCVN 111:2017/BTTTT
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Technical requirements under severe/critical conditions
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1.1.10
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Fifth generation (5G) repeater
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8517.62.59
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QCVN 18:2022/BTTTT
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All
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1.1.11
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Radio equipment in the Low Power Wide Area Networks (LPWAN)
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8517.61.00
8517.62.43
8517.62.59
8517.62.69
8517.62.99
8517.69.00
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- For equipment operating in the 920 MHz to 923 MHz frequency band:
+ For equipment having an effective radiated power of up to 25 mW ERP
QCVN 122:2020/BTTTT
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Technical requirements under severe/critical conditions if used on automobiles
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9015.10.90
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9025.19.19
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|||||
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9025.80.00
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9027.89.90
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8531.10.30
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8531.90.90
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8517.14.00
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- E-UTRA NB IoT user equipment:
QCVN 131:2022/BTTTT
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Requirements for Total Radiated Sensitivity (TRS) and Total Radiated Power (TRP)
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1.1.12
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Land mobile radio equipment using an integral antenna intended primarily for analogue speech
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8517.14.00
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QCVN 37:2018/BTTTT
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Technical requirements under severe/critical conditions
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1.1.14
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Land mobile radio equipment using an integral antenna intended for the transmission of data (and speech)
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8517.62.59
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QCVN 44:2018/BTTTT
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Technical requirements under severe/critical conditions
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2.1
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DECT cordless telephone equipment, subscriber extension type
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8517.11.00
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EEC 62368-1:2018
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Technical requirements of IEC 62368-1:2018 outside QCVN 132:2022/BTTTT
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2.2
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Non-specific short-range radio transmitters and transceivers
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8517.62.59
8517.62.69
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QCVN 55:2011/BTTTT
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Technical requirements under severe/critical conditions
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2.3
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Wideband data transmission equipment operating in the 2,4 GHz band having an Equivalent Isotropically Radiated Power (EIRP) from 60 mW to 200 mW
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8517.62.51
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QCVN 54:2020/BTTTT
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Technical requirements under severe/critical conditions
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8806.21.00
8806.22.00
8806.23.00
8806.24.00
8806.29.00
8806.21.00
8806.22.00
8806.23.00
8806.24.00
8806.29.00
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2.4
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Radio access equipment operating in the 5 GHz band and having an EIRP of at least 60 mW
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8517.62.51
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QCVN 65:2021/BTTTT
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Technical requirements under severe/critical conditions
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8806.21.00
8806.22.00
8806.23.00
8806.24.00
8806.29.00
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8806.21.00
8806.22.00
8806.23.00
8806.24.00
8806.29.00
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APPENDIX II
LIST AND SUSPENDED PROVISIONS OF TECHNICAL REGULATIONS FOR COMMODITIES SUBJECT TO DECLARATION OF CONFORMITY
(Enclosed with the Circular No. 10/2023/TT-BTTTT dated September 05, 2023 of the Minister of Information and Communications)
(Enclosed with the Circular No. 10/2023/TT-BTTTT dated September 05, 2023 of the Minister of Information and Communications)
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No.
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Name of commodity
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HS code under Circular No. 31/2022/TT-BTC
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Technical regulation
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Suspended provision of technical regulation
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3
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||||
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3.1
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Radio transmitters and transceivers for use in land mobile or fixed services
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3.1.1
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Digital microwave radio equipment
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8517.62.59
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- For point-to-point radio equipment operating in the 1,4 GHz to 55 GHz frequency band:
QCVN 53:2017/BTTTT
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Requirements for antenna and technical requirements under severe/critical conditions
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3.2
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Radio transmitters and transceivers used in satellite communications (excluding mobile stations used in maritime and aeronautical communications)
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|||
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3.2.1
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VSAT equipment (C band)
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8517.62.59
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QCVN 38:2011/BTTTT
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All
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3.2.2
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VSAT equipment (Ku band)
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8517.62.59
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QCVN 39:2011/BTTTT
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All
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3.3
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Radio transmitters and transceivers used in the maritime mobile service (including ancillary equipment and satellite equipment)
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|||
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3.3.1
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VHF transmitter as coast station for GMDSS
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8517.62.53
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QCVN 24:2011/BTTTT
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All
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8517.62.59
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3.3.2
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Two-way VHF radiotelephone apparatus for fixed installation in survival craft
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8517.18.00
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QCVN 26:2011/BTTTT
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All
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3.3.3
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Inmarsat-C ship earth station equipment
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8517.62.59
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QCVN 28:2011/BTTTT
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All
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3.3.4
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VHF radiotelephone used on the survival craft
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8517.18.00
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QCVN 50:2020/BTTTT
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All
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3.3.5
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Emergency Position Indicating Radio Beacons (EPIRBs) operating in the 406,0 MHz to 406,1 MHz frequency band
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8526.91.10
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QCVN 57:2018/BTTTT
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All
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3.3.6
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Personal Locator Beacon (PLB) operating in the 406,0 MHz to 406,1 MHz frequency band
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8526.91.10
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QCVN 108:2016/BTTTT
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All
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8526.91.90
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||||
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3.3.8
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Digital Selective Calling DSC
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8517.62.59
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QCVN 58:2011/BTTTT
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All
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3.3.9
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Transponders for search and rescue radar
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8517.62.59
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QCVN 60:2011/BTTTT
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All
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3.3.10
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Radiotelex equipment operating in maritime MF/HF service
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8517.62.59
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QCVN 62:2011/BTTTT
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All
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3.3.11
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Shipborne equipment of the automatic identification systems (AIS)
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8526.91.10
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QCVN 68:2013/BTTTT
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All
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3.3.12
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AIS Search and Rescue Transmitter
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8517.62.53
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QCVN 107:2016/BTTTT
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All
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3.3.13
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VHF radiotelephone for the maritime mobile service
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8517.18.00
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QCVN 52:2020/BTTTT
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All
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3.3.14
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MF and HF radio telephone
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8517.18.00
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QCVN 59:2011/BTTTT
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All
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3.3.15
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UHF radio telephone
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8517.18.00
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QCVN 61:2011/BTTTT
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All
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4
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||||
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4.1
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Non-specific short-range radio transmitters and transceivers
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8517.62.59
8517.62.69
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- For equipment operating in the 13,553-13,567 MHz frequency band: QCVN 55:2011/BTTTT
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Technical requirements under severe/critical conditions
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4.2
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Radio Frequency Identification (RFID) equipment
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8523.52.00
8523.59.10
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For equipment operating in the 13,553 MHz to 13,567 MHz frequency band:
QCVN 55:2011/BTTTT
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Technical requirements under severe/critical conditions
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8471.60.90
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4.3
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Radar equipment used in road or railway transport and traffic
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8526.10.10
8526.10.90
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For equipment operating in the 76 GHz to 77 GHz frequency band: QCVN 124:2021/BTXTT
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All
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4.4
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Wireless Power Transfer
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8504.40.19
8504.40.90
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QCVN 55:2011/BTTTT
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Technical requirements under severe/critical conditions
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(This translation is for reference only)
