Importing laptops for use - is it necessary to declare conformity?

Question: I have imported laptops for use by employees in the company. In this case, is it necessary to declare conformity? I would appreciate legal advice on this matter. Thank you.

Answer:

Thank you for sending your question to FDVN Law Firm ("FDVN"). Regarding your consultation requests, after studying the relevant legal provisions, FDVN has the following exchanges:

The conformity declaration is regulated in Clause 2, Article 2 of Circular No. 30/2011/TT-BTTTT on Regulations on conformity certification and conformity declaration for products, goods in the information technology and communication sector.

“Article 2. Interpretation of terms

2. Regulation conformity announcement means that organizations and individuals announce to state management agencies and consumers about their products’ conformity with relevant technical regulations after carrying out the process of conformity assessment.”

The concept of conformity certification is also regulated in Clause 1, Article 2 of Circular No. 30/2011/TT-BTTTT on Regulations on conformity certification and conformity declaration for products, goods in the information technology and communication sector.

“Article 2. Interpretation of terms

1. Regulation conformity certification means certification of products’ conformity with technical regulations issued by the Ministry of Information and Communications and/or with standards to be compulsorily applied as stipulated by the Ministry of Information and Communications (below collectively referred to as technical regulations) in order to ensure the compatibility of these products in national telecommunications network connection and safety, information security, electromagnetic compatibility requirements, effective and economical utilization of the radio spectrum resource, safety for humans and the environment, and user interests.”

Based on the regulations in Appendix II of the List of products and goods in the information technology and communication sector that must undergo conformity declaration (issued together with Circular No. 04/2023/TT-BTTTT dated May 31, 2023 by the Minister of Information and Communications), desktop computers, laptops, and tablets are considered information technology devices. The importation of computers falls under the management responsibility of the Ministry of Information and Communications and is subject to mandatory conformity certification and conformity declaration according to the regulations of the technical standards applicable to these products.

According to the above regulations, individuals or organizations intending to import computers must undergo conformity certification and conformity declaration as stipulated by law.

However, according to the regulations in Clause 2, Article 8 (amended and supplemented by Clause 4, Article 1 of Circular No. 15/2018/TT-BTTTT):

"Article 8. Cases exempt from conformity declaration

… 2. Products, goods that are not wireless transceiver equipment manufactured domestically or imported for production, importation for use by organizations or individuals."

Therefore, for products imported by organizations or individuals for personal use, they fall under cases exempt from conformity declaration. In this case, individuals or organizations importing computers for personal use, not for business or other profit purposes, are not required to undergo conformity certification and conformity declaration, even though computers are information technology devices listed in the mandatory conformity declaration product list.

The above is the legal advice of FDVN related to your consultation request based on research of legal regulations. We hope FDVN's advice will be helpful to you.

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