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MINISTRY OF SCIENCE AND TECHNOLOGY |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 16/2026/TT-BKHCN |
Hanoi, April 9, 2026 |
ON ELABORATION OF THE CONCLUSION AND IMPLEMENTATION OF MUTUAL RECOGNITION AGREEMENTS, MUTUAL RECOGNITION ARRANGEMENTS AND UNILATERAL RECOGNITION OF CONFORMITY ASSESSMENT RESULTS
Pursuant to the Law on Standards and Technical Regulations No. 68/2006/QH11, amended by Law No. 35/2018/QH14 and Law No. 70/2025/QH15;
Pursuant to the Law on Treaties No. 108/2016/QH13;
Pursuant to Decree No. 22/2026/ND-CP dated January 16, 2026 of the Government on elaboration of a number of articles and measures for organizing and guiding the implementation of the Law on Standards and Technical Regulations;
Pursuant to Decree No. 55/2025/ND-CP dated March 2, 2025 of the Government on functions, duties, powers and organizational structure of the Ministry of Science and Technology;
At the proposal of the President of the National Committee for Standards, Metrology and Quality;
The Minister of Science and Technology hereby promulgates a Circular on elaboration of the conclusion and implementation of mutual recognition agreements, mutual recognition arrangements and unilateral recognition of conformity assessment results.
This Circular provides for the conclusion and implementation of:
1. Mutual recognition agreements on conformity assessment results (hereinafter referred to as MRAs) between Vietnam and one or more countries or territories, on the basis of the law on treaties.
2. Mutual recognition arrangements and unilateral recognition of conformity assessment results between conformity assessment bodies (CABs) of Vietnam and international, regional, national or territorial CABs (hereinafter referred to as foreign organizations), concluded and implemented on the basis of Vietnamese law, treaties to which Vietnam is a party, and international practice.
This Circular applies to:
1. Competent regulatory agencies and Vietnamese CABs involved in the conclusion and implementation of MRAs and unilateral recognition.
2. Competent regulatory agencies and Vietnamese CABs involved in the conclusion and implementation of mutual recognition arrangements and unilateral recognition.
Article 3. Interpretation of terms
For the purpose of this Circular, these terms below shall be construed as follows:
1. A conformity assessment body (CAB) is an organization that performs conformity assessment activities as prescribed in clause 5 Article 3 of the Law on Standards and Technical Regulations 2006 (amended in 2025), hereinafter referred to as the Law on Standards and Technical Regulations.
2. Conformity assessment results are the results of testing; inspection; validation; verification; certification of conformity with standards; certification of conformity with technical regulations; accreditation; and other conformity assessment activities referred to by other terms as prescribed in relevant specialized laws.
3. Unilateral recognition of conformity assessment results means the act by which a Vietnamese regulatory agency or CAB recognizes and accepts the conformity assessment results of an international or foreign organization, without relying on an MRA or mutual recognition arrangement.
CONCLUSION AND IMPLEMENTATION OF MUTUAL RECOGNITION AGREEMENTS ON CONFORMITY ASSESSMENT RESULTS
1. Proposal for conclusion
Ministries, ministerial agencies and Governmental agencies, based on their assigned duties and powers in their respective sectors and fields, and based on socio-economic development and international integration requirements, shall take charge and cooperate with the Ministry of Science and Technology to propose to the Government the conclusion of Mutual Recognition Agreements on conformity assessment results.
2. Preparation and conclusion
The ministry or agency that proposes the conclusion of an MRA (hereinafter referred to as the MRA-proposing authority) shall be responsible for:
a) Determining the legal basis, need for conclusion and feasibility of implementation of the MRA based on the following criteria:
– Provisions and commitments in treaties to which Vietnam is a party;
– The scale and scope of export, import, domestic production and consumption markets, and the potential for attracting foreign investment and expanding markets for products, goods and services;
– Physical and technical infrastructure conditions to ensure implementation (current status of participation in international, regional and bilateral testing and certification programs; capacity of domestic testing laboratories, inspection bodies and certification bodies, etc.);
– Benefits and risks of conclusion and implementation;
– The existence of technical barriers to trade (TBT);
– Other relevant criteria.
b) Drafting or cooperating in drafting the MRA
The MRA-proposing authority shall take charge and cooperate with relevant agencies and organizations to draft the MRA.
Where a draft MRA has been prepared by the foreign partner, the MRA-proposing authority shall be responsible for studying that draft, developing a plan for acceptance, amendment or supplementation, or drafting a Vietnamese counterpart, and soliciting opinions from relevant agencies and organizations. The consultation period shall not exceed thirty days.
c) Signing the MRA
The signing of the MRA shall be carried out in accordance with the law on treaties.
3. Implementation
a) Determining the scope and content of Vietnam’s commitments
The MRA-proposing authority shall determine the scope and content of Vietnam’s commitments for implementation, and guide relevant agencies and organizations in implementing each specific provision of the MRA.
b) Selection and designation of CABs
Where the MRA requires the selection and designation of CABs, the MRA-proposing authority shall be responsible for carrying out the following tasks:
– Requiring relevant domestic agencies and organizations to provide lists and information on the technical competence of CABs under their management that meet the requirements of the MRA;
– Aggregating lists and information on the technical competence of domestic CABs within the scope of the MRA;
– Selecting and designating eligible domestic CABs to participate in conformity assessment activities within the framework of the MRA. Designations must comply with the requirements of the MRA;
– Notifying the foreign party of the list and technical competence of the CABs selected by the Vietnamese side in accordance with the MRA;
– Receiving lists and conducting assessments of the technical competence of CABs provided by the foreign party within the framework of the MRA;
– Notifying the foreign party of the acceptance or non-acceptance of specific CABs to participate in conformity assessment activities within the framework of the MRA.
c) Developing an implementation plan for the MRA
To implement the MRA, the MRA-proposing authority shall carry out the following tasks:
– Develop an MRA implementation plan comprising the following main contents:
+ Tasks to be carried out and implemented;
+ Investment in and upgrading of technical infrastructure capacity;
+ Human resource training;
+ Agencies, organizations and individuals taking charge and cooperating in implementation;
+ Timeline and progress of implementation;
+ Results and targets to be achieved;
+ Other contents as required by the MRA.
– Establish a working group with the participation of relevant ministries, agencies and organizations to coordinate general activities and effectively implement the contents of the MRA implementation plan. The tasks of the working group shall be determined by the MRA-proposing authority.
– Notify relevant domestic agencies, organizations and individuals of the MRA implementation plan for coordination in preparation and implementation.
– Notify the Ministry of Science and Technology of the MRA implementation plan together with a copy of the MRA for coordination and unified management.
Article 5. Implementation of MRAs
1. The MRA-proposing authority shall be responsible for taking charge and cooperating with ministries, ministerial agencies, Governmental agencies and other relevant agencies in the implementation of the MRA.
2. Relevant agencies, organizations and individuals shall be responsible for performing the specific tasks and assignments allocated to them in the MRA implementation plan.
3. The MRA-proposing authority shall be responsible for inspecting, supervising and urging agencies, organizations and individuals assigned to participate in performing specific tasks within the framework of the MRA implementation plan.
CONCLUSION AND IMPLEMENTATION OF MUTUAL RECOGNITION ARRANGEMENTS ON CONFORMITY ASSESSMENT RESULTS
Article 6. Principles and authority for conclusion of mutual recognition arrangements on conformity assessment results
1. Mutual recognition arrangements shall be concluded on the basis of compliance with legal regulations, in accordance with the functions, duties and scope of activities of the CAB; ensuring objectivity, transparency, meeting the requirements for improving the effectiveness of conformity assessment activities, facilitating trade and safeguarding national interests.
2. Vietnamese CABs may conclude mutual recognition arrangements within the scope of their fields of activity that have been accredited, designated or registered; and shall be legally responsible before the law and competent state management authorities for fully performing the rights and obligations under the concluded arrangement.
Article 7. Conclusion and implementation of mutual recognition arrangements on conformity assessment results
1. Mutual recognition arrangements at the level of ministries, ministerial agencies and Governmental agencies
a) Proposal for conclusion
Ministries, ministerial agencies and Governmental agencies, based on their assigned duties and powers in their respective sectors and fields, and based on socio-economic development and international integration requirements, shall take charge and cooperate with the Ministry of Science and Technology and the Ministry of Foreign Affairs to propose to the Government the conclusion of MRAs.
b) Preparation for conclusion
The ministry or agency that proposes the conclusion of a mutual recognition arrangement (hereinafter referred to as the arrangement-proposing authority) shall be responsible for:
– Determining the need for conclusion and feasibility of implementation of the mutual recognition arrangement based on the following criteria:
+ The scale and scope of exchange of products, goods and services;
+ The existence of technical barriers to trade;
+ Physical and technical infrastructure conditions to ensure implementation;
+ National interests in conclusion and implementation;
+ Other relevant criteria.
– Drafting or cooperating in drafting the mutual recognition arrangement
The arrangement-proposing authority shall take charge and cooperate with relevant agencies and organizations to draft the mutual recognition arrangement.
Where a draft mutual recognition arrangement has been prepared by the foreign partner, the arrangement-proposing authority shall be responsible for studying that draft, developing a plan for acceptance, amendment or supplementation, or drafting a Vietnamese counterpart, and soliciting opinions from relevant agencies and organizations.
c) Signing the mutual recognition arrangement
The signing of the mutual recognition arrangement must be in compliance with the law on treaties.
The arrangement-proposing authority shall be responsible for notifying the foreign partner that the competent authority has signed or approved the mutual recognition arrangement.
2. Mutual recognition arrangements at the level of technical organizations
a) Vietnamese CABs, based on their assigned functions, duties and powers in their respective fields of conformity assessment activities, socio-economic development needs, international economic integration and their own technical competence, may conclude mutual recognition arrangements with international, regional, national or territorial CABs in accordance with applicable legal regulations.
b) CABs, when negotiating the conclusion of mutual recognition arrangements, shall ensure the benefits of participation in such arrangements for the CAB itself, for relevant Vietnamese agencies and individuals, and for national interests.
CABs may use conformity assessment results provided by other CABs on the basis of a mutual recognition arrangement, but must conduct a review and assessment of the adequacy and relevance of such results, and shall be responsible for the conformity assessment conclusions they issue.
Mutual recognition arrangements of CABs do not replace the designation decision of the competent authority.
c) Vietnamese CABs shall provide written notification, together with a copy of the concluded mutual recognition arrangement, to the National Committee for Standards, Metrology and Quality, the direct management authority (if any) and relevant ministries and sectors regarding the conclusion of the mutual recognition arrangement for monitoring and aggregation.
d) Vietnamese CABs shall be fully responsible before the law and state management authorities for fully performing all rights and obligations under the concluded mutual recognition arrangement.
Article 8. Unilateral recognition of conformity assessment results
1. Ministries and ministerial agencies managing sectors and fields shall consider and decide on the unilateral recognition of conformity assessment results of international or foreign CABs within their assigned state management scope.
2. Unilateral recognition of conformity assessment results shall be implemented on the basis of the following principles:
a) Ensuring objectivity, transparency and non-discrimination;
b) Compliance with Vietnamese law, treaties to which Vietnam is a party, and international practice;
c) Ensuring an equivalent level of reliability and technical competence of the CAB.
3. When considering unilateral recognition, the competent authority shall base its decision on the following criteria:
a) Valid accreditation certificate and scope of accreditation of the CAB, accredited by an accreditation body that is a signatory to a mutual recognition agreement/multilateral recognition arrangement (MRA/MLA) of international or regional accreditation cooperation organizations (Global Accreditation Cooperation International – GACI; Asia Pacific Accreditation Cooperation – APAC) or corresponding international or regional organizations in specialized fields;
b) Standards and technical regulations applied in conformity assessment activities;
c) Technical competence, operational experience and reliability of the CAB;
d) Other relevant technical factors.
4. Based on the results of the review and assessment, the competent authority shall issue a decision on unilateral recognition of conformity assessment results of the international or foreign organization, in which the following shall be clearly identified:
a) The CAB recognized;
b) Scope, subject matter and fields of application;
c) Standards and technical regulations applied;
d) Validity period of the recognition (if any);
dd) Responsibilities of relevant organizations and individuals.
5. The ministry managing the sector or field shall organize the review, assessment and decision on unilateral recognition of conformity assessment results in accordance with professional procedures issued by the ministry.
6. The ministry managing the sector or field shall be responsible for monitoring and supervising the implementation of unilateral recognition of conformity assessment results and considering the suspension or revocation of the recognition in cases where the CAB no longer meets the technical competence requirements or shows signs of or engages in violations of law.
Article 9. Responsibilities of the Ministry of Science and Technology
1. The Ministry of Science and Technology shall cooperate with ministries, sectors and local authorities to achieve unified management of the activities of conclusion and implementation of MRAs, mutual recognition arrangements and unilateral recognition concluded by Vietnamese CABs.
2. The National Committee for Standards, Metrology and Quality shall assist the Ministry of Science and Technology in organizing the aggregation, management and monitoring of the implementation of MRAs concluded by Vietnam and mutual recognition arrangements and unilateral recognition concluded by Vietnamese CABs.
Article 10. Responsibilities of ministries, agencies and organizations
1. On an annual basis or on an ad hoc basis when required, the MRA-proposing authority shall report to the Government on the status of implementation of relevant Mutual Recognition Agreements on conformity assessment results, and notify the Ministry of Science and Technology (through the National Committee for Standards, Metrology and Quality) for monitoring and aggregation.
2. On an annual basis or on an ad hoc basis when required, Vietnamese CABs that have concluded or participate in mutual recognition arrangements or unilateral recognition shall be responsible for reporting to their direct management authority and notifying the National Committee for Standards, Metrology and Quality of the status and results of implementation.
1. This Circular comes into force 45 days from the date of signing.
2. Circular No. 27/2007/TT-BKHCN dated October 31, 2007 of the Minister of Science and Technology on guidance for conclusion and implementation of mutual recognition agreements and mutual recognition arrangements on conformity assessment results shall cease to be effective from the date this Circular comes into force.
Article 12. Transitional provisions
MRAs and mutual recognition arrangements concluded prior to the date of promulgation of this Circular shall continue to be implemented until the expiry of the validity period (if any) prescribed in the relevant agreement or arrangement, or until December 31, 2027.
Article 13. Responsibilities for implementation
1. During implementation, where issues arise or difficulties are encountered, organizations and individuals shall promptly provide written feedback to the Ministry of Science and Technology for guidance or consideration of amendment.
2. Ministers, heads of ministerial agencies, and Presidents of provincial and municipal People’s Committees shall implement this Circular./.
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MINISTER Vu Hai Quan |
