THE NATIONAL ASSEMBLY | | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 70/2025/QH15 | | |
LAW
Amending and Supplementing a Number of Articles of the Law on Standards and Technical Regulations[1]
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 68/2006/QH11 on Standards and Technical Regulations, which has a number of articles amended and supplemented under Law No. 35/2008/QH14.
Article 1. To amend and supplement a number of articles of the Law on Standards and Technical Regulations
1. To amend and supplement Article 3 as follows:
“Article 3. Interpretation of terms
1. Standard means regulation on technical characteristics and management requirements used as a standard for classifying and evaluating a product, goods, service, process, the environment or another subject matter in a socio-economic activity.
A standard shall be declared in written form by an agency, organization or individual for voluntary application.
2. Technical regulation means regulation on limits of technical characteristics and management requirements which a product, goods, service, process, the environment or another subject matter in a socio-economic activity must comply with in order to ensure safety, hygiene and human health; to protect animals, plants and the environment; to safeguard national interests and security, consumer interests and to meet other essential requirements; and to ensure the conformity with commitments in treaties to which the Socialist Republic of Vietnam is a contracting party and refraining from creating unnecessary barriers to trade.
A technical regulation shall be promulgated in written form by a competent state agency or person for mandatory application.
3. Activities in the field of standards means the formulation, declaration and application of standards and assessment of conformity with standards.
4. Activities in the field of technical regulations means the formulation, promulgation and application of technical regulations and assessment of conformity with technical regulations.
5. Conformity assessment means the determination whether the subject matters of activities in the field of standards or subject matters of activities in the field of technical regulations are conformable to technical characteristics and management requirements in relevant standards or technical regulations.
Conformity assessment covers testing, inspection and verification of the use value, examination for verification and certification of conformity with standards or technical regulations, accreditation and other conformity assessment activities that are defined with other terms in accordance with other relevant laws.
6. Testing means the determination of one or more than one characteristic of a subject matter of activities in the field of standards or a subject matter of activities in the field of technical regulations according to a certain process.
7. Inspection means the examination and determination of conformity of a subject matter of activities in the field of standards or a subject matters of activities in the field of technical regulations with specific or general requirements.
8. Verification of the use value means the verification of the rationality of the declaration of the conformity related to the use purpose for the intended use or expected outcomes, through the provision of evidence to prove that all requirements have been fully met in conformity with applicable standards or technical regulations.
9. Examination for verification means the verification of the accuracy of the conformity declaration related to an event that has occurred or a result that has been achieved through the provision of evidence to prove that all requirements have been fully met in conformity with applicable standards or technical regulations.
10. Certification means the evaluation and certification that a subject matter of activities in the field of standards or a subject matter of activities in the field of technical regulations conforms to relevant standards or technical regulations.
11. Certification of standard conformity means the evaluation and certification that a subject matter of activities in the field of standards conforms to relevant standards.
12. Certification of technical regulation conformity means the evaluation and certification that a subject matter of activities in the field of technical regulations conforms to relevant technical regulations.
13. Accreditation means the verification that a conformity assessment organization has a capacity conformable to relevant standards.
14. Conformity assessment organization means an organization conducting conformity assessment activities under Clause 5 of this Article, except accreditation activities conducted by accreditation organizations specified in Article 54 of this Law.
15. Declaration of standard conformity means the declaration by an organization or individual of the conformity of subject matters of activities in the field of standards with relevant standards.
16. Declaration of technical regulation conformity means the declaration by an organization or individual of the conformity of a subject matter of activities in the field of technical regulations with relevant technical regulations.
17. National standard means a standard declared by competent state agency according to the order and procedures specified in this Law.
18. International standard means a standard declared by an international standard organization or international organization operating in the field of standards.
19. Regional standard means a standard declared by a regional standard organizations or regional organization operating in the field of standards.
20. Foreign standard means a standard declared by the national standard organizations of a foreign country or by a foreign society, association or specialized research institution.
21. In-house standard mean a standard declared by a state agency, an economic organization, a non-business unit, or a socio-professional organization for application to its activities.
22. National standard organization means an agency acting as a national-level focal point on standards to uniformly carry out international cooperation activities on standards; acting as a national representative to join in relevant international and regional standard organizations; and coordinating and assigning Vietnam’s representatives to join in the technical committees of international standards.
23. Technical barriers to trade means mandatory technical measures applied to ensure the safety, hygiene and human health; protect animals, plants and the environment; and safeguard national interests and security and consumer interests, which are specified in technical regulations and standards referred to in technical regulations and legal documents or conformity assessment processes promulgated by competent state agencies or persons.”.
2. To amend and supplement Articles 5, 6 and 7; add Articles 7a and 7b below Article 7; amend and supplement Article 8; and add Articles 8a, 8b, 8c below Article 8, as follows:
“Article 5. Subject matters of activities in the field of standards and subject matters of activities in field of technical regulations
1. Subject matters of activities in the field of standards and subject matters of activities in the field of technical regulations include:
a/ Products, goods;
b/ Services;
c/ Processes;
d/ The environment;
e/ Other subject matters in socio-economic activities.
2. The Government shall detail this Article.
Article 6. Fundamental principles of activities in the field of standards and activities in the field of technical regulations
1. Standards and technical regulations serve as basic state management tools and are applied in all aspects of the socio-economic life to ensure the safety and quality of products, goods, services, processes and the environment, promote innovation, and improve productivity, national competitiveness and the quality of people’s lives, and enhance the international integration.
2. Activities in the field of standards and activities in the field of technical regulations are carried out in adherence to the principles that the State sets orientations, with the market as the leading force and enterprises as the center, with active participation of the society; ensuring decentralization and delegation of powers, publicity, transparency, non-discrimination, and absence of unnecessary barriers to production, business and trade activities.
3. Standards and technical regulations are formulated on the basis of scientific and technological advances, innovation, digital transformation, state management requirements, production and business needs, practical application, and socio-economic development orientations; ensuring broad consultation, feasibility, synchronization, uniformity and suitability to specific characteristics of sectors and fields, and development requirements in each period; and at the same time, adhering to the principles of formulation of standards and technical regulations specified in Clause 1, Article 10a and Clause 1, Article 26a of this Law.
Article 7. State policies in the field of standards and the field of technical regulations
1. To prioritize the allocation of science and technology budget funds for research and formulation of national standards and technical regulations; to ensure funds for state agencies and organizations participating in scientific research, technological development, transfer and application of high technologies and new technologies, innovation activities, and digital transformation in the field of standards and the field of technical regulations.
2. To provide resources and physical foundations for activities in the field of standards and activities in the field of technical regulations; to develop modern and internationally accredited conformity assessment organizations; to promote digital transformation in the formulation, application and dissemination of standards and technical regulations.
3. To mobilize and effectively use investment resources from associations, societies and enterprises in the field of standards and the field of technical regulations; to develop standards-related services in the form of public-private partnership; to encourage domestic and foreign organizations and individuals, and overseas Vietnamese to participate in the formulation and application of standards and technical regulations in Vietnam.
4. To invest in and upgrade facilities for professional training and further training in technical standards and regulations; to develop high-quality human resources and the pool of prestigious leading experts possessing international qualifications in the field of standards and the field of technical regulations through professional formal training, vocational training and further training at education institutions, vocational education institutions, and science and technology organizations.
5. To focus on building and improving a system of national standards and technical regulations in a synchronous, complete and uniform manner toward expanding the scope of application from a number of key areas to the entire economy; to implement mechanisms to support small- and medium-sized enterprises to access and effectively apply standards.
6. To carry out public communication to raise the awareness, knowledge and responsibility of agencies, organizations and people about the role, significance, position, and importance of activities in the field of standards and activities in the field of technical regulations; to encourage organizations and individuals to participate in disseminating standards in various forms to raise public awareness about the role of standards, build a culture of standards in the society; and organize the World Standards Day in Vietnam.
7. To honor and reward agencies, organizations and individuals with contributions in the field of standards and the field of technical regulations in accordance with law.
Article 7a. State management of activities in the field of standards and activities in the field of technical regulations
1. Contents of the state management of activities in the field of standards and activities in the field of technical regulations include:
a/ Formulating, promulgating or submitting to competent agencies for promulgation, and organizing the implementation of, policies, strategies, programs, plans and legal documents in the field of standards and the field of technical regulations;
b/ Organizing the formulation and approval of plans on formulation of national standards and technical regulations; appraising and declaring national standards; conducting impact assessment, appraising and promulgating technical regulations to promptly meet state management requirements and serve the socio-economic development;
c/ Managing and guiding conformity assessment activities, applying advanced management systems in state agencies, organizations and enterprises to ensure consistency and effectiveness in the implementation;
d/ Organizing the dissemination of, and providing guidance on, the formulation, application and updating of standards and technical regulations in various fields and sectors;
dd/ Managing and organizing the development, operation and exploitation of the National Database on Standards, Metrology and Quality;
e/ Building and developing human resources for activities in the field of standards and activities in the field of technical regulations; organizing scientific research and technological development on standards and technical regulations;
g/ Carrying out international cooperation on standards and technical regulations; managing the operation of the national network for notification and enquiry on standards, technical regulations and conformity assessment;
h/ Carrying out public communication about, disseminating and providing guidance on the implementation of, the law on standards and technical regulations; collecting statistics on activities in the field of standards and activities in the field of technical regulations;
i/ Inspecting, examining, and settling complaints and denunciations and handling law violations in activities in the field of standards and activities in the field of technical regulations;
k/ Organizing the search, exploitation, transfer and application of international standards, regional standards, and foreign standards to meet national defense and security and socio-economic development requirements.
2. Responsibilities for state management of activities in the field of standards and activities in the field of technical regulations are as follows:
a/ The Government shall uniformly perform the state management of activities in the field of standards and activities in the field of technical regulations;
b/ The Ministry of Science and Technology shall act as a focal agency responsible to the Government for uniformly performing the state management of activities in the field of standards and activities in the field of technical regulations; specifying the tasks and powers of the Agency for National Standards, and national representatives participating in negotiations and implementing commitments on technical barriers to trade in treaties to which the Socialist Republic of Vietnam is a contracting party; formulate and submit to the Prime Minister for approval the National Standards Strategy;
c/ Ministries, ministerial-level agencies, and provincial-level People’s Committees shall, within the ambit of their assigned tasks and powers, coordinate with the Ministry of Science and Technology in performing the state management of activities in the field of standards and activities in the field of technical regulations.
The Ministry of National Defense and Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, specifying activities in the field of standards and activities in the field of technical regulations for specific subject matters in the field of national defense and security.
The Minister of National Defense shall specify activities in the field of standards and activities in the field of technical regulations for specific subject matters in the field of cypher.
Article 7b. Activities in the field of standards and activities in the field of technical regulations for subject matters on the list of state secrets
The Government shall specify activities in the field of standards and activities in the field of technical regulations for subject matters being products, goods, services, processes, and the environment on the list of state secrets in accordance with the law on protection of state secrets.
Article 8. International cooperation on standards and technical regulations
1. The State shall promote the cooperation with foreign countries and territories, international organizations, regional organizations, and foreign organizations and individuals on the basis of adhering to the principles of independence, sovereignty, territorial integrity, equality and mutual benefit; ensure resources for Vietnam’s representatives to participate in formulating standards of international and regional organizations; and allocate resources for domestic enterprises, trade associations and technical experts to participate in technical committees for international standards in relevant fields.
2. The State shall facilitate and adopt measures to promote the conclusion of treaties and international agreements on mutual recognition of conformity assessment results in order to facilitate the development of trade activities between Vietnam and other countries and territories.
Article 8a. National Standards Strategy
1. The National Standards Strategy serves as a comprehensive and long-term orientation tool for activities in the field of standards, aiming to develop modern, centralized and uniform national quality infrastructure from the central to local levels, meeting the requirements of the sustainable development and international integration, contributing to improving the national competitiveness based on the foundation of science, technology, innovation and digital transformation.
2. The National Standards Strategy focuses on:
a/ Completing the system of national standards system in a complete, synchronous and modern manner in the fields of national governance, economics, culture, society and environmental protection, ensuring uniformity and synchronization in the state management;
b/ Formulating standards for strategic technologies, digital transformation, sustainable development and key industries, especially standards for hi-tech products to support export and promote national brands in harmony with international standards;
c/ Formulating national standards to the extent that are fully harmonized with international and regional standards while ensuring conformity with domestic practical conditions;
d/ Organizing the formulation and application of standards through the performance of state budget-funded science and technology tasks at all levels;
dd/ Intensifying international integration, researching, proposing, and formulating international standards for products, goods and services in which Vietnam has strengths, ensuring the full realization of commitments in treaties to which the Socialist Republic of Vietnam is a contracting party.
3. The Government shall detail this Article.
Article 8b. Transparency, notification and enquiry regarding technical barriers to trade
1. Agencies, organizations and individuals shall perform the transparency obligation and adhere to the principles of notification and enquiry by related parties on standards, technical regulations and conformity assessment procedures according to commitments on technical barriers to trade in treaties to which the Socialist Republic of Vietnam is a contracting party.
2. The State shall invest in building and operate a national notification and enquiry infrastructure for technical barriers to trade in a synchronous and modern manner, meeting international integration requirements and safeguarding national interests.
3. Notification and enquiry activities on technical barriers to trade shall be carried out in adherence to the following principles:
a/ Ensuring conformity with Vietnam’s socio-economic conditions and with notification and enquiry points on technical barriers to trade within the network of notification and enquiry agencies, in order to fulfill the transparency obligation under treaties to which the Socialist Republic of Vietnam is a contracting party;
b/ Supporting enterprises through the development of a database on technical barriers to trade, adopting policies to remove difficulties and obstacles for enterprises to expand production and business activities;
c/ Encouraging and supporting domestic enterprises to access major markets, focusing on supporting enterprises in a number of prioritized sectors and fields; formulating and effectively implementing programs to support export enterprises.
4. The Government shall assign a ministry to assume the prime responsibility for coordinating activities related to technical barriers to trade; conducting analyses and assessments of impacts of the commitments related to technical barriers to trade; acting as a national focal point for notifying draft technical regulations to, and soliciting opinions thereon from, members of the Agreement on Technical Barriers to Trade of the World Trade Organization; and carrying out public communication activities at home and abroad on the implementation of multilateral and bilateral free trade agreements related to the field of standards and the field of technical regulations.
Article 8c. National Database on Standards, Metrology and Quality
1. The National Database on Standards, Metrology and Quality is a uniform and modern digital platform that integrates relevant data, serves the state management and provides information to support organizations and individuals in accordance with law.
2. The National Database on Standards, Metrology and Quality must comprise:
a/ Data on standards and technical regulations;
b/ Data on metrology;
c/ Data on conformity assessment;
d/ Information on feedback and the response to recommendations of organizations and individuals regarding activities in the field of standards, measurement and quality.
3. Data on standards and technical regulations must comprise:
a/ Information on national standards, in-house standards, international standards, regional standards and foreign standards;
b/ Information on national technical regulations and local technical regulations;
c/ Information on members of the technical committees of national standards;
d/ Information on members of the technical committees of international standards in which Vietnam participates;
dd/ Technical documents and related information.
4. Data on conformity assessment must comprise:
a/ Information on registered, designated, and accredited conformity assessment organizations; and registered accreditation organizations;
b/ Declarations of standard conformity and declarations of technical regulation conformity by related organizations and individuals;
c/ Information on organizations and individuals violating the law on standards, metrology and quality;
d/ Regular and ad hoc reports;
dd/ Technical documents and related information.
5. Data on metrology must comprise:
a/ Information on certified and approved metrology standards;
b/ Information on measuring devices whose models have been approved;
c/ Information on organizations providing inspection, calibration and testing services for measuring devices and metrology standards that have been designated and registered;
d/ Information on inspectors who have been certified and granted metrology inspector cards;
dd/ Regular and ad hoc reports.
6. The building, management and operation of the National Database on Standards, Metrology and Quality must meet the following requirements:
a/ Ensuring the synchronism, uniformity, publicity, transparency, connection and sharing of the database with other national databases and digital platforms of ministries, sectors and localities; and meeting information exploitation needs of organizations and individuals;
b/ Regularly updating, maintaining and exploiting the database to ensure its accuracy and completeness; prioritizing the application of new technologies for analyzing, evaluating and warning of issues related to standards, technical regulations, metrology and quality;
c/ Complying with the laws on data and cybersecurity and other relevant regulations.
7. The State shall invest in the development and ensure the conditions for operation of the National Database on Standards, Metrology and Quality.
8. The Government shall detail this Article.”.
3. To add Article 10a below Article 10 as follows:
“Article 10a. Principles of formulation and application of standards, and declaration of applicable standards
1. Principles of formulation of standards include:
a/ The formulation of national standards must ensure the full and effective participation of, and the adherence to the principle of consensus with, related parties;
b/ The formulation of national standards must give priority to harmonization with international standards, regional standards and foreign standards, unless they are not conformable with the geographical, climatic, technical, infrastructural or specific technological conditions of Vietnam or affect national interests;
c/ It is encouraged to formulate national standards on the basis of fully accepting international standards, regional standards and foreign standards under the guidance of the International Organization for Standardization (ISO) and in conformity with Vietnam’s conditions;
d/ The formulation of national standards for innovative subject matters, strategic technologies, high technologies, and new technologies shall be carried out within 12 months after plans on formulation of national standards are approved;
dd/ National standards and in-house standards must not be contrary to technical regulations and legal documents;
e/ Priority must be given to the formulation of in-house standards based on reference to national standards, international standards, regional standards, foreign standards and scientific and technological research results of enterprises.
2. Principles of application of standards include:
a/ National standards shall be applied on a voluntary basis and serve as a basis for conformity assessment activities;
b/ The whole or part of a national standard, international standard, regional standard or foreign standard becomes mandatory when it is referred to in technical regulations or legal documents;
c/ An approved or signed national standard applied under a dossier, document, contract, project, agreement or another document that has been annulled may continue to be applied until there is a request by a competent agency, organization or individual to replace it with another standard or when the application of such standard no longer conforms to technical regulations or legal documents currently in effect.
The signing or approving agency, organization or individual shall decide on the continued application of the annulled national standard based on management requirements, technical capacity or technological level, and shall take responsibility for its/his/her decision;
d/ An in-house standard shall be applied within the agency, organization or unit that has declared it.
3. Principles of declaration of applicable standards include:
a/ Organizations and individuals declaring standards applicable to products, goods, services, processes, the environment and other subject matters in socio-economic activities must ensure that they conform with the declared standards;
b/ Contents of declared applicable standards must not be contrary to technical regulations and legal documents.”.
4. To add Article 11a below Article 11 as follows:
“Article 11a. Rights and responsibilities of organizations and individuals participating in the formulation of national standards
1. To propose and give opinions on plans on formulation of national standards.
2. To assume the prime responsibility for compiling or participating in the compilation of draft national standards for being proposed to the Ministry of Science and Technology for appraisal and declaration.
3. To give opinions on draft national standards.
4. Organizations and individuals that record outstanding achievements in the research and participation in the formulation of national standards and international standards may be given priority for consideration of conferment of science and technology awards, national quality awards, and entitled to incentives in accordance with other relevant laws.
5. To take responsibility for information, data, scientific grounds, and the accuracy in the formulation of and giving of opinions on, national standards.
6. The Government shall detail this Article.”.
5. To amend and supplement Article 14 as follows:
“Article 14. Plans on formulation of national standards
1. Plans on formulation of national standards include five-year plans and annual plans and shall be prepared on the basis of:
a/ National standards strategies;
b/ Harmony with international standards under treaties and international agreements to which the Socialist Republic of Vietnam is a contracting party;
c/ Socio-economic development requirements;
c/ Requests of organizations and individuals.
2. The Government shall assign a ministry to assume the prime responsibility for, and coordinate with related agencies and organizations in, preparing and approving plans on formulation of national standards, which serve as a basis for the formulation and declaration of national standards.
3. The Government shall detail this Article.”.
6. To amend and supplement Articles 16 and 17 as follows:
“Article 16. Technical Committee of National Standards
1. The Technical Committee of National Standards is a technical advisory organization whose members are representatives of ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees, science and technology organizations, societies, associations, enterprises and other related organizations, consumers and experts.
3. The Technical Committee of National Standards has the following tasks:
a/ To propose plans and measures to formulate national standards;
b/ To compile draft national standards; directly formulate draft national standards; participate in the compilation of and give opinions on draft international standards and draft regional standards; and to participate in appraising draft national standard dossiers;
c/ To participating in counseling on, and disseminating, national standards and other standards;
d/ To participate in formulating draft technical regulations upon requests.
3. Funds for the operation of the Technical Committee of National Standards shall be covered by the state budget.
Article 17. Order and procedures for formulating, appraising and declaring national standards
1. Order and procedures for formulating, appraising and declaring national standards are as follows:
a/ Agencies in charge of formulating draft national standards shall compile, organize consultation, solicit public opinions on draft national standards, and study and assimilate opinions of organizations and individuals for completion of draft national standard dossiers;
b/ Organizations and individuals shall compile draft national standards or propose existing standards to the Ministry of Science and Technology for considering and assigning the Technical Committee of National Standards to carry out the order and procedures specified at Point a, Clause 1 of this Article;
c/ The Ministry of Science and Technology shall organize the appraisal of draft national standard dossiers specified at Points a and b, Clause 1 of this Article and declare national standards.
2. National standards shall be formulated, appraised and declared according to the fast-track order and procedures in the following cases:
a/ They are applied in urgent cases for prevention and control of disasters, epidemics, fires and explosions, and national security protection;
b/ They are referred to in legal documents or technical regulations issued according to the fast-track order and procedures.
3. The Government shall detail this Article.”.
7. To amend and supplement Articles 19, 20 and 21 as follows:
“Article 19. Review, amendment, supplementation, replacement and annulment of national standards
1. The amendment, supplementation, replacement and annulment of national standards shall be based on results of the review of such national standards or proposals of ministries, ministerial-level agencies, government-attached agencies, organizations or individuals.
2. The Government shall specify the review and assessment of the effectiveness of the application of national standards and order and procedures for amending, supplementing, replacing and annulling national standards.
Article 20. Formulation and declaration of in-house standards
1. Heads of organizations specified in Clause 3, Article 11 of this Law shall formulate and declare in-house standards for application in their organizations.
2. An organization declaring a in-house standard shall notify the declaration through the National Database on Standards, Metrology and Quality. Contents of the declaration include information on the name, address and phone number of the organization and information on the name, code number and basic characteristics of the in-house standard.
3. The Government shall assign a minister to specify order and procedures for formulation and declaration of national standards.
Article 21. Publishing and distribution of standards
1. The publishing and distribution of standards must comply with the laws on publishing and intellectual property.
2. Agencies competent to publish and distribute national standards:
a/ The Ministry of Science and Technology shall publish and distribute national standards within ten working days from the date of declaration of such national standards; ministries, ministerial-level agencies and government-attached agencies have the right to publish and distribute national standards drafted by them;
b/ National standards formulated using state budget funds and national standards referred to in technical regulations shall be publicly published and distributed;
c/ The Government shall detail the publication and distribution of national standards.
3. Vietnamese representative missions joining in international or regional organizations on standards shall publish and distribute international standards or regional standards under those organizations’ regulations.
The publishing and distribution of standards of international or regional organizations of which Vietnam is not a member and standards promulgated by other organizations shall be as agreed upon by organizations promulgating such standards.
4. Organizations declaring in-house standards hold the right to publish and distribute those in-house standards.”.
8. To amend and supplement Article 25 as follows:
“Article 25. Funding sources for formulation of standards
1. Funding sources for formulation of national standards include:
a/ State budget funds allocated according to annual budget estimates approved and adjusted by competent authorities in accordance with the law on the state budget;
b/ Voluntary support amounts of organizations and individuals at home and abroad;
c/ Other lawful revenue sources.
2. In-house standards shall be formulated with organizations’ or individuals’ own funds; in-house standards formulated by state agencies shall be funded by the state budget.
3. The Government shall specify the management and use of funds for the formulation of national standards; and econo-technical norms for the formulation of national standards in conformity with practical conditions.”.
9. To add Article 26a below Article 26; to amend and supplement Article 27; and to add Article 27a below Article 27, as follows:
“Article 26a. Principles of formulation and application of technical regulations
1. Principles of formulation of technical regulations:
a/ Each product, good, service, process, environmental factor or subject matter in a socio-economic activity shall only be regulated by one uniform national technical regulation nationwide, unless otherwise specified by law;
b/ To conform with Vietnam’s practical conditions and international practice; to ensure the uniformity and synchronism within the legal system and among state management fields; to ensure feasibility, effectiveness and consistency with conformity assessment activities;
c/ To ensure the participation of agencies, organizations, associations, enterprises and individuals who are affected by technical regulations;
d/ To give priority to specifying technical requirements that are based on utilities of products and goods; and to refrain from specifying requirements on descriptions or detailed designs of products and goods;
dd/ A technical regulation may refer to another technical regulation when necessary;
e/ A local technical regulation must not impose other requirements for the same subject matter already specified in a national technical regulation, unless otherwise specified by law.
2. Principles of application of technical regulations:
a/ Technical regulations shall be applied in a mandatory manner, and serve as a basis for conformity assessment activities;
b/ Local technical regulations shall be applied within the scope of management of localities for products, goods, services, processes, the environment or other subject matters in particular local socio-economic activities and have specific requirements suitable to geographical, climatic and hydrological characteristics and socio-economic development levels of the localities.
Article 27. Responsibilities for formulating, appraising and promulgating technical regulations
1. Responsibilities for formulating, appraising and promulgating national technical regulations are as follows:
a/ Ministers and heads of ministerial-level agencies shall formulate, appraise and promulgate national technical regulations within sectors and fields under their assigned management after obtaining written opinions of the Ministry of Science and Technology;
b/ The Minister of Science and Technology shall act as the focal point for coordination in, and assign agencies in charge of, formulating inter-disciplinary national technical regulations for subject matters under his/her management;
c/ The Government shall specify the formulation, appraisal and promulgation of national technical regulations for subject matters of activities in the field of technical regulations falling under the management of government-attached agencies; and define responsibilities in the formulation and promulgation of national technical regulations.
2. Provincial-level People’s Committees shall organize the formulation, appraisal and promulgation of local technical regulations after obtaining written opinions of competent state agencies specified at Point a, Clause 1 of this Article.
Article 27a. Rights and responsibilities of organizations and individuals participating in the formulation of technical regulations
1. To propose and give opinions on plans on formulation of technical regulations.
2. To compile draft technical regulations before proposing technical regulation-promulgating agencies to consider them for promulgation.
3. To participate in the compilation of draft technical regulations at the request of technical regulation-promulgating agencies.
4. To give opinions on draft technical regulations.
5. To take responsibility for information, data, scientific grounds, and the accuracy in the formulation of and giving of opinions on technical regulations.”.
10. To amend and supplement Article 29 as follows:
“Article 29. Plans on formulation of technical regulations
1. Plans on formulation of technical regulations include five-year and annual plans and shall be prepared on the basis of:
a/ Socio-economic development requirements;
b/ State management requirements;
c/ Proposals of organizations and individuals.
2. Plans on formulation of technical regulations shall serve as a basis for the formulation and promulgation of technical regulations.
3. The Government shall detail this Article.”.
11. To amend and supplement Articles 32 and 33 as follows:
Article 32. Formulation and promulgation of technical regulations
1. Based on approved plans on formulation of technical regulations, technical regulation-promulgating agencies shall organize the formulation of technical regulations; conduct impact assessment, solicit public opinions, and notify such to the Secretariat of the World Trade Organization; organize the appraisal of draft technical regulation dossiers; and consult the Ministry of Science and Technology before promulgation, for technical regulations, or consult related line ministries, for local technical regulations.
2. The formulation, appraisal and promulgation of technical regulations according to the fast-track order and procedures shall be applied:
a/ In case of emergency in accordance with the law on state of emergency; when there is a sudden or urgent request for safeguarding of national defense, security or national interests, prevention and control of disasters, epidemics, fires or explosions; or in other urgent cases where it is necessary to solve problems arising in practice;
b/ In case an immediate amendment is required to comply with newly issued technical regulations or legal documents.
3. Ministers, heads of ministerial-level agencies and provincial-level People’s Committees shall promulgate technical regulations in the form of legal documents in accordance with the law on promulgation of legal documents.
4. The Government shall detail this Article.
Article 33. Contents of appraisal of draft national technical regulation dossiers
1. Conformity of technical regulations with relevant legal provisions and international commitments.
2. Uniformity and consistency within the system of national technical regulations.
3. Observance of professional requirements and order and procedures for formulation of technical regulations.
4. Feasibility, rationality, and assurance that no unnecessary technical barriers to production, trade and commercial activities are created.”.
12. To amend and supplement Clause 2, Article 34 as follows:
“2. In case technical regulations are promulgated according to fast-track procedures or in urgent cases involving health, safety or environmental issues, they may take effect earlier under decisions of promulgating agencies.”.
13. To amend and supplement Article 35 as follows:
Article 35. Review, amendment, supplementation, replacement and annulment of technical regulations
1. The amendment, supplementation, replacement and annulment of technical regulations shall be based on results of the review of technical regulations or proposals of ministries, ministerial-level agencies, government agencies, organizations or individuals.
2. The Government shall detail the review and assessment of the effectiveness of the application of technical regulations and order and procedures for amending, supplementing, replacing and annulling technical regulations.”.
14. To amend and supplement Article 37 as follows:
“Article 37. Responsibility to apply technical regulations
1. Organizations and individuals shall apply relevant technical regulations; declare products, goods, services, processes, environmental factors and other subject matters in socio-economic activities in conformity with the relevant technical regulations and ensure that they conform to the declared technical regulations.
2. In the course of applying technical regulations, organizations and individuals shall promptly report or make recommendations to the technical regulation-promulgating agencies on obstacles and inappropriate contents for consideration and handling.
Within thirty days after receiving feedback and recommendations from organizations and individuals, the technical regulation-promulgating agencies shall reply in writing.
3. The suspension of the validity of technical regulations must comply with the law on promulgation of legal documents.
15. To amend and supplement Article 39 as follows:
“Article 39. Funding sources for formulation of technical regulations
1. Funding sources for formulation of technical regulations include:
a/ State budget funds allocated according to annual budget estimates approved and adjusted by competent authorities in accordance with the law on the state budget;
b/ Voluntary support amounts of organizations and individuals at home and abroad;
c/ Other funding sources in accordance with law.
2. The Government shall detail the management and use of funds for formulation of technical regulations; and techno-economic norms for formulation of technical regulations.”.
16. To amend and supplement Articles 40 and 41 as follows:
“Article 40. Fundamental requirements on conformity assessment
1. Standards and technical regulations used for conformity assessment must specify technical characteristics and specific management requirements that can be assessed by using methods and means available at home or abroad.
2. To provide information in a public and transparent manner to related parties on the order and procedures for conformity assessment.
3. To keep confidential information, data and results of the conformity assessment by organizations and individuals for which conformity assessment is conducted, unless competent state agencies so request in accordance with law.
4. To ensure non-discrimination against production and business organizations and individuals or the origin of products, goods, services or processes, the environment and other subject matters in socio-economic activities.
5. The conformity assessment order and procedures must be harmonized with regulations promulgated by related international organizations.
Article 41. Forms of conformity assessment
1. The assessment of conformity with standards or technical regulations shall be conducted by conformity assessment organizations or conformity declaration organizations or individuals.
2. Standard conformity assessment shall be conducted on a voluntary basis at the request of organizations or individuals.
3. Technical regulation conformity assessment shall be conducted on a mandatory basis according to state management requirements.”.
17. To amend and supplement Articles 44 and 45 as follows:
“Article 44. Standard conformity certification
1. Standard conformity certification shall be made under agreements between organizations or individuals requesting certification and conformity certification organizations as specified at Point dd, Clause 1, Article 53 of this Law.
2. Standards used for standard conformity certification must be national standards, international standards, regional standards, foreign standards, and in-house standards of trade societies and associations operating nationwide, and satisfy the requirements specified in Clause 1, Article 40 of this Law.
3. The Government shall detail this Article.
Article 45. Standard conformity declaration
1. Organizations and individuals shall declare the conformity of products, goods, services, processes, the environment or other subject matters in socio-economic activities with relevant standards on the basis of results of the standard conformity certification conducted by conformity certification organizations or results of their self-assessment of conformity.
2. Organizations and individuals shall declare standard conformity via the National Database on Standards, Metrology and Quality with the following specific information: name of the product, goods, service, process, the environment or another subject matter in a socio-economic activity; name and code number of the relevant standard; name and address of the organization or individual responsible for the product, goods, service, process, the environment or another subject matter in a socio-economic activity; and enclosed technical documents.
3. Standard conformity mark means a signal proving the conformity of a product or goods with the relevant standard. The standard conformity mark shall be granted to a product or goods after its standard conformity is certified.”.
18. To add Clause 5 below Clause 4, Article 47 as follows:
“5. The Minister of Science and Technology shall specify methods of technical regulation conformity certification.”.
19. To amend and supplement Article 48 as follows:
“Article 48. Declaration of technical regulation conformity
1. Production and business organizations and individuals subject to application of technical regulations shall declare the conformity of products, goods, services, processes, the environment and other subject matters in socio-economic activities with relevant technical regulations on the basis of one of the following:
a/ Results of the certification of technical regulation conformity by designated conformity certification organizations in accordance with law;
b/ Results of the certification of technical regulation conformity by accredited conformity certification organizations in accordance with law;
c/ Results of the self-assessment conducted by organizations and individuals on the basis of testing results of accredited or designated testing laboratories in accordance with law.
d/ Results of the conformity assessment that are recognized under Article 57 of this Law.
2. Products and goods that fully meet the requirements on quality management as specified by other laws corresponding to the technical requirements in national technical regulations may be exempt from technical regulation conformity declaration under Clause 1 of this Article.
3. Organizations and individuals shall register technical regulation conformity declarations via the National Database on Standards, Metrology and Quality, each with the following specific information: name of the product, good, service, process, the environment or another subject matter in a socio-economic activity; name and code number of the relevant technical regulation; name and address of the organization or individual in charge of the product, goods, service, process, the environment or another subject matter in a socio-economic activity; and enclosed technical documents.
4. A technical regulation conformity mark means a signal proving the conformity of a product or goods with the relevant technical regulation. The technical regulation conformity mark shall be granted to a product or goods after its technical regulation conformity is certified and declared.”.
20. To amend and supplement Articles 50, 51 and 52 as follows:
Article 50. Conformity certification organizations
1. Non-business units.
2. Science and technology organizations.
3. Economic organizations, socio-professional organizations
4. Foreign conformity assessment organizations established and operating in Vietnam.
Article 51. Operation conditions of conformity assessment organizations
1. A conformity assessment organization must satisfy the following conditions:
a/ Having an organizational apparatus, professional capability and physical foundation and equipment meeting requirements of national standards and international standards for conformity assessment organizations;
a/ Having established and maintained a management system meeting requirements of national standards and international standards.
c/ Having registered conformity assessment activities via the National Database on Standards, Metrology and Quality.
2. The Government shall detail this Article.
Article 52. Rights and obligations of conformity assessment organizations
1. Conformity assessment organizations have the following rights:
a/ To conduct conformity assessment activities upon requests of, or based on agreements with, organizations and individuals in the fields registered for operation or as designated by competent state agencies;
b/ To have assessment expenses paid as agreed upon with organizations or individuals requesting conformity assessment or upon requests of competent state agencies;
c/ To grant, re-grant, expand, narrow the scope, temporarily suspend or revoke documents certifying the conformity, and the right to use standard conformity marks and technical regulation conformity marks granted to the subject matters of relevant conformity assessment;
d/ To refuse to provide information, data and conformity assessment results to third parties, except cases requested by competent state agencies in accordance with law;
dd/ To have their conformity assessment results recognized by competent state agencies in accordance with law;
e/ To exercise other rights in accordance with law.
2. Conformity assessment organizations have the following obligations:
a/ To satisfy the conditions specified in Article 51 of this Law;
b/ To provide conformity assessment results to the concerned conformity assessment subjects;
c/ To refrain from refusing to provide services without plausible reasons;
d/ To keep confidential information, data and conformity assessment results of organizations and individuals for which conformity assessment is conducted, except cases requested by competent state agencies in accordance with law;
dd/ To ensure publicity, transparency, independence, subjectivity, accuracy and non-discrimination regarding the origin of goods and organizations and individuals involved in activities related to standards and technical regulations;
e/ To comply with order and procedures for conformity assessment in accordance with the law on standards and technical regulations;
g/ To publicly declare on the mass media the grant, re-grant, expansion, narrowing of the scope or temporary suspension or revocation of documents certifying the conformity, and the right to use standard conformity marks and technical regulation conformity marks.
h/ To have their conformity assessment activities examined or inspected by competent state agencies;
i/ To take responsibility before law for their activities;
k/ To compensate for damage caused to organizations and individuals requesting the conformity assessment in accordance with the civil law in case of providing incorrect conformity assessment results;
l/ To perform other obligation in accordance with relevant laws.”.
21. To amend and supplement Clause 1, Article 53 as follows:
“1. Accreditation shall be conducted for the following conformity assessment organizations:
a/ Testing laboratories;
b/ Inspection organizations;
c/ Use value certification organizations;
dd/ Inspection and verification organizations;
e/ Other conformity assessment organizations as specified by law.”.
22. To amend and supplement Article 57 as follows:
“Article 57. Mutual recognition agreements, unilateral recognition of conformity assessment results
1. Mutual recognition agreements include the recognition by Vietnam and foreign countries or territories of one another’s conformity assessment results in conformity with treaties to which the Socialist Republic of Vietnam is a contracting party; the recognition by Vietnamese conformity assessment organizations and conformity assessment organizations of foreign countries or territories of one another’s conformity assessment results shall be conducted on their agreements.
Ministries and ministerial-level agencies shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, organizing the implementation of mutual recognition agreements.
2. The unilateral recognition of conformity assessment results shall be as follows:
a/ Ministries, ministerial-level agencies, and the Minister of National Defense shall consider and decide on the unilateral recognition of conformity assessment results of international conformity assessment organizations and foreign conformity assessment organizations to serve state management activities;
b/ Conformity assessment results specified at Point a of this Clause must be obtained by international conformity assessment organizations and foreign conformity assessment organizations that are assessed and accredited by the accreditation organizations that are members of the mutual recognition agreements of the International Laboratory Accreditation Organization (ILAC), the International Accreditation Forum (IAF), and the Asia Pacific Accreditation Cooperation Organization (APAC) for their capacity to meet international standards and relevant national standards;
Based on practical requirements of the specialized management, ministries, ministerial-level agencies, and the Minister of National Defense may consider and decide to unilaterally recognize conformity assessment results of conformity assessment organizations other than conformity assessment results specified in this Clause.
3. The Government shall detail this Article.”.
23. To replace or remove a number of words and phrases in the following Articles, Clauses and Points:
a/ To replace the word “draft” in Clauses 1 and 2, Article 11; and the title of Article 18, with the phrase “draft dossier”;
b/ To replace the word “certification” in the title of Section 4, Chapter IV with the word “assessment”;
c/ To replace the word “cancel” at Point a, Clause 1, Article 36 with the word “annul”;
d/ To replace the phrase “scientific non-business unit” in Clause 1, Article 54 with the phrase “science and technology organization”;
dd/ To replace the phrase “Point c, Clause 1, Article 53” at Point c, Clause 1 and Point d, Clause 2, Article 56 with the phrase “Point dd, Clause 1, Article 53”; to replace the phrase “Article 42” in Clause 2, Article 47 with the phrase “Clause 1, Article 40”;
e/ To remove the word “calibration” at Point a, Clause 1, Article 56;
g/ To replace the phrase “People’s Committees of provinces or centrally run cities” in Clause 3, Article 34 and Clause 3, Article 47 with the phrase “People’s Committees of provinces or cities”.
24. To annul Articles 13, 15, 22, 23, 24, 30, 31, 38, 42, 43, 69 and Chapter VI.
Article 2. Effect
This Law takes effect on January 1, 2026.
Article 3. Transitional provisions
In case standards and technical regulations have been formulated and appraised but have not been declared or promulgated by the effective date of this Law, the formulation of such standards and technical regulations shall comply with Law No. 68/2006/QH11on Standards and Technical Regulations, which has a number of articles amended and supplemented under Law No. 35/2018/QH14.
This Law was passed on June 14, 2025, by the 15th National Assembly of the Socialist Republic of Vietnam at its 9th session.
Chairman of the National Assembly
TRAN THANH MAN
[1] Công Báo Nos 967-968 (24/7/2025)