|
GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
|
No. 353/2025/ND-CP |
Hanoi, December 31, 2025 |
ELABORATING ON CERTAIN ARTICLES AND MEASURES TO ORGANIZE AND GUIDE IMPLEMENTATION OF LAW ON DIGITAL TECHNOLOGY INDUSTRY
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Digital Technology Industry No. 7/2025/QH15;
Pursuant to the Law on Science, Technology, and Innovation No. 93/2025/QH15;
At the request of the Minister of Science and Technology of Vietnam;
The Government of Vietnam hereby promulgates the Decree elaborating on certain Articles and measures to organize and guide the implementation of the Law on Digital Technology Industry.
1. This Decree elaborates on Articles 13, 19, and 20 of the Law on Digital Technology Industry regarding digital technology industry activities; criteria for high-quality digital technology industry personnel; attraction and utilization of digital technology talents.
2. This Decree provides for the implementation measures of Article 8 of the Law on Digital Technology Industry and elaborates on Article 21 of the Law on Science, Technology, and Innovation regarding the controlled testing of digital technology products and services.
This Decree applies to domestic and foreign agencies, organizations, enterprises, and individuals participating in or involved in the digital technology industry in Vietnam.
DIGITAL TECHNOLOGY INDUSTRY ACTIVITIES
Article 3. Support and incentives for digital technology industry activities
1. For digital technology products and services
a) Production of digital technology products and provision of digital technology services shall be entitled to investment support and incentives as prescribed in Article 28 of the Law on Digital Technology Industry;
b) Incentives for leasing and procurement of digital technology products and services using state budget funds shall comply with Article 31 of the Law on Digital Technology Industry;
c) Research and development of digital technology products and services shall be entitled to incentives and support as prescribed in Articles 16 and 17 of the Law on Digital Technology Industry.
2. Investment in the construction of digital technology industry infrastructures and concentrated digital technology zones shall be entitled to priorities, incentives, and support as prescribed in Articles 21 and 24 of the Law on Digital Technology Industry.
3. For the semiconductor industry
a) Development of the semiconductor industry shall be entitled to specific mechanisms and policies as prescribed in Article 39 of the Law on Digital Technology Industry;
b) Enterprises participating in the semiconductor supply chain shall be entitled to incentives and support as prescribed in Article 40 of the Law on Digital Technology Industry.
4. Entrepreneurship projects in the digital technology industry shall be entitled to incentives and support as prescribed in Article 29 of the Law on Digital Technology Industry.
Article 4. Digital technology industry activities
1. Production of digital technology products shall comply with Clause 2 Article 13 of the Law on Digital Technology Industry, in which:
a) Production of hardware products refers to the implementation of one or more activities, including: research and development, design, fabrication, assembly, testing, verification, packaging of hardware products, and other activities to produce hardware products;
b) Production of software products and digital content refers to the implementation of one or more activities, including: research and development, analysis, creation, design, programming, testing, verification, packaging of software products and digital content, and other activities to produce software products and digital content.
2. Provision of digital technology services shall comply with Clause 3 Article 13 of the Law on Digital Technology Industry.
DEVELOPMENT OF DIGITAL TECHNOLOGY INDUSTRY PERSONNEL SOURCES
Article 5. High-quality digital technology industry personnel
High-quality digital technology industry personnel are individuals operating in the field of digital technology, falling into one of the following categories:
1. Personnel working at digital technology enterprises meeting the criteria prescribed in Article 6 of this Decree.
2. Graduates from higher education institutions meeting the criteria prescribed in Article 7 of this Decree.
3. Persons working, teaching, or conducting research at higher education institutions or research organizations meeting the criteria prescribed in Article 8 of this Decree.
4. Cadres, civil servants, and public employees working at state agencies meeting the criteria prescribed in Article 9 of this Decree.
5. Individuals with outstanding contributions in the field of digital technology meeting the criteria prescribed in Article 10 of this Decree.
Article 6. Criteria for high-quality digital technology industry personnel, applicable to personnel working at digital technology enterprises
Personnel working at digital technology enterprises shall be considered high-quality digital technology industry personnel when meeting one of the following criteria:
1. Being the President of the Members’ Council, President of the Board of Directors, General Director, Chief Executive Officer, or equivalent of a digital technology enterprise which, within the last 3 years, has at least 1 year with revenue reaching VND 26.000 billion or more according to disclosed financial statements.
2. Being personnel directly participating in digital technology industry activities at enterprises and falling into one of the following cases:
a) Being a Vietnamese citizen with average income from digital technology industry activities in the last 2 years reaching at least 5 times the GDP per capita of Vietnam, as announced by Vietnam;
b) Being a foreigner working in a developed country, as announced by the United Nations or the World Bank, with average income from digital technology industry activities in the last 2 years reaching at least 3 times the GDP per capita of the country where such person works, as announced by that country;
c) Being a foreigner not falling under Point b of this Clause, with average income from digital technology industry activities in the last 2 years reaching at least 5 times the GDP per capita of the country where such person works, as announced by that country.
Article 7. Criteria for high-quality digital technology industry personnel applicable to graduates from higher education institutions
Individuals who have graduated within 3 years from higher education institutions shall be considered high-quality digital technology industry personnel when meeting one of the following criteria:
1. Graduating with a grade of “very good” or higher in majors directly related or closely related to training in digital technology or information technology from higher education institutions ranked among the top 500 higher education institutions worldwide according to one of the most recently announced rankings by: Quacquarelli Symonds of United Kingdom, Times Higher Education of United Kingdom, Shanghai Ranking Consultancy of People’s Republic of China, U.S. News & World Report of United States of America, or rankings announced by the Ministry of Education and Training of Vietnam (if any).
2. Graduating with a grade of “excellent” or higher in majors directly related or closely related to training in digital technology or information technology from higher education institutions ranked among the top 50 educational institutions according to reputable domestic rankings in accordance with the law on higher education.
Article 8. Criteria for high-quality digital technology industry personnel applicable to persons working, teaching, or conducting research at higher education institutions or research organizations
Persons working, teaching, or conducting research at higher education institutions or research organizations shall be considered high-quality digital technology industry personnel when meeting one of the following criteria:
1. Being a Dean, Director, or equivalent or higher, currently working and managing faculties, institutes, schools, or research establishments on digital technology or information technology at higher education institutions ranked among the top 500 higher education institutions worldwide according to one of the most recently announced rankings by: Quacquarelli Symonds of United Kingdom, Times Higher Education of United Kingdom, Shanghai Ranking Consultancy of People’s Republic of China, U.S. News & World Report of United States of America, or rankings announced by the Ministry of Education and Training of Vietnam (if any).
2. Being a lecturer or scientist holding a doctoral degree or higher, with at least 3 years of experience working or conducting research in digital technology or information technology at higher education institutions among the top 500 higher education institutions worldwide according to one of the most recently announced rankings by: Quacquarelli Symonds of United Kingdom, Times Higher Education of United Kingdom, Shanghai Ranking Consultancy of People’s Republic of China, U.S. News & World Report of United States of America, or rankings announced by the Ministry of Education and Training of Vietnam (if any).
Article 9. Criteria for high-quality digital technology industry personnel applicable to cadres, civil servants, and public employees working at state agencies
Cadres, civil servants, and public employees working at state agencies shall be considered high-quality digital technology industry personnel when meeting one of the following criteria:
1. Holding positions from Head of Division or equivalent at Departments under Ministries, or at provincial Departments or higher, directly engaged in the development, management, and implementation of policies on the digital technology industry and information technology industry; and in research, development, and application of digital technology and information technology.
2. Being civil servants or public employees recruited and appointed within no more than 3 years in accordance with Point a Clause 4 Article 19 of the Law on Digital Technology Industry.
3. Being civil servants or public employees meeting the criteria prescribed in Article 10 of this Decree.
Article 10. Criteria for high-quality digital technology industry personnel applicable to individuals with outstanding contributions in field of digital technology
Individuals with outstanding contributions in the field of digital technology shall be considered high-quality digital technology industry personnel when meeting one of the following criteria:
1. Having scientific articles published in journals classified in the Q1 category according to Scopus/Web of Science within the last 5 years.
2. Being the author or co-author of at least 1 intellectual property object protected in accordance with the law on intellectual property; such object must concurrently be digital technology, a digital technology product, or a digital technology service included in the List of strategic technologies and strategic technology products approved by the Prime Minister of Vietnam or in the List of key digital technology products and services promulgated by the Minister of Science and Technology of Vietnam.
Article 11. Policies applicable to high-quality digital technology industry personnel
1. Personnel meeting the criteria for high-quality digital technology industry personnel as prescribed in this Decree shall be entitled to preferential policies, as prescribed in Article 19 of the Law on Digital Technology Industry.
2. Ministries, central authorities, and local authorities shall, within their assigned sectors, fields, and areas, be responsible for promulgating, or submitting to competent authorities for promulgation of, guidelines on the procedures for applying preferential policies (if any), and for organizing the implementation of policies for attracting high-quality digital technology industry personnel in accordance with Article 19 of the Law on Digital Technology Industry for personnel meeting the criteria prescribed in this Decree.
Article 12. Attraction and utilization of digital technology talents
1. Digital technology talents shall be entitled to policies on attraction and utilization of talents in science, technology, and innovation, as prescribed in Article 54 of the Law on Science, Technology, and Innovation, as well as its elaborating documents.
2. Where necessary, Ministries, central authorities, and local authorities shall, within their assigned sectors and fields of management, issue decisions on support and preferential policies for digital technology talents in accordance with Clause 2 Article 20 of the Law on Digital Technology Industry.
CONTROLLED TESTING OF DIGITAL TECHNOLOGY PRODUCTS AND SERVICES
Article 13. Objectives of controlled testing
1. To ensure that organizations and enterprises participating in controlled testing are exempt from compliance with certain laws for a limited period, space, and scope.
2. To encourage innovation activities and promote the intelligentization of sectors and fields.
3. To establish a testing environment to assess the features, risks, costs, and benefits of new products and services.
4. To control and limit potential risks arising from the application of new products and services.
5. To ensure that testing results serve as a basis for state agencies to consider and assess potential risks before making decisions on the adjustment of relevant laws to allow new products and services to be used and provided to the market.
Article 14. Relevant subject matters in controlled testing mechanism
1. Organizations and enterprises granted controlled testing licenses.
2. Competent authorities granting controlled testing licenses.
3. Organizations and individuals participating in controlled testing.
4. Other organizations and individuals related to controlled testing.
Article 15. Conditions and criteria for products and services eligible for controlled testing
Products and services subject to controlled testing under this Decree must satisfy the following conditions and criteria:
1. Being digital technology products and services, formed through convergence, integration, or combination among digital technologies, or between digital technology and products or services of other sectors and fields.
2. Ensuring that the use of such products and services is not yet regulated by law or differs from existing legal regulations, resulting in the inability to implement them.
3. Ensuring that organizations or enterprises proposing the controlled testing have developed plans for risk management, risk mitigation, and protection of the rights and interests of participants and other relevant organizations and individuals during the testing process.
4. Ensuring that the use of such products and services demonstrates innovation and has the potential to generate benefits, added value, and promote technological development.
Article 16. Competent authorities granting controlled testing licenses
1. Provincial People’s Committees shall receive dossiers and cooperate with specialized ministries and relevant agencies in considering and deciding the granting of controlled testing licenses for digital technology products and services where the testing space, scope, and subjects are limited within one or several areas or the entire administrative boundary under their management.
2. Ministries, ministerial agencies, and the Minister of National Defense of Vietnam shall receive dossiers and cooperate with relevant agencies in considering and deciding the granting of controlled testing licenses for digital technology products and services within their respective management sectors, where the testing space, scope, and subjects are limited within several areas or the entire administrative boundaries of 2 or more provinces.
3. Ministries, ministerial agencies, and provincial People’s Committees shall cooperate and provide opinions based on their functions and management responsibilities during the process of considering and deciding the granting of controlled testing licenses. Where there are difficulties or obstacles concerning licensing authority, Ministries, ministerial agencies, and provincial People’s Committees shall report to the Prime Minister of Vietnam for consideration and decision.
4. The authority to grant controlled testing licenses for products and services related to data shall comply with the law on data.
Article 17. Principles for selection of organizations and enterprises participating in controlled testing
1. Ensure the principles of voluntariness and equality among organizations and enterprises in participating in and exercising rights and obligations during the testing process.
2. Ensure publicity and transparency regarding criteria, conditions, and procedures for assessing and selecting organizations and enterprises participating in controlled testing.
Article 18. Duration, space, scope, and subjects of controlled testing
1. Duration of testing
Based on actual conditions, the competent authority granting the controlled testing license shall decide the testing duration, which shall not exceed 3 years from the date of granting the controlled testing license. The extension period shall not exceed 3 years from the date the competent authority approves the extension and may only be granted once.
2. Testing space
Based on actual conditions, the competent authority granting the controlled testing license shall make a decision on the testing space, which may be limited to one or several areas or the entire administrative boundary within one province, or within several areas or the entire administrative boundaries of multiple provinces.
3. Scope and subjects of testing
Organizations and enterprises granted controlled testing licenses may only provide the tested products and services within the scope and to the subjects specified in the decision on granting the controlled testing license.
Article 19. Suspension of controlled testing
1. The competent authority granting the controlled testing license shall consider suspending testing in one of the following cases:
a) When incidents occur during the testing process;
b) When the competent authority granting the controlled testing license detects risks of incidents and requires additional risk control measures to ensure safety during testing;
c) When organizations or enterprises granted controlled testing licenses detect risks of incidents, or require additional risk control measures to ensure safety during testing, or when other issues arise, as stated in their reports and explanations.
2. The duration of suspension shall be decided by the competent authority granting the controlled testing license and shall not be included in the testing period stated in the decision on granting the controlled testing license. The testing period shall be automatically extended, corresponding to the duration of suspension.
3. The competent authority granting the controlled testing license shall issue a decision to suspend the controlled testing of digital technology products and services in the cases specified in Points a and b Clause 1 of this Article, using Form No. TNCNS05 in the Appendix enclosed with this Decree. Suspension under Point c Clause 1 of this Article shall comply with Articles 30 and 31 of this Decree.
4. Within 30 days from the date of the suspension decision, organizations or enterprises granted controlled testing licenses shall remedy the incident or propose remedial measures to ensure safety for continued implementation. Such organizations or enterprises shall submit written reports to the competent authority granting the controlled testing license and may only resume testing upon receiving written approval from the mentioned authority.
5. Upon expiry of the above-mentioned 30-day period, if organizations or enterprises granted controlled testing licenses fail to remedy the incident or propose remedial measures to ensure safety for continued implementation, the competent authority granting the controlled testing license shall issue a decision on early termination of testing.
Article 20. Termination of controlled testing
Cases of termination of controlled testing include:
1. Termination of testing upon expiry of the duration specified in the decision on granting the controlled testing license.
2. Early termination of testing
The competent authority granting the controlled testing license shall consider deciding the early termination of testing by issuing a decision on early termination of testing using Form No. TNCNS07 in the Appendix enclosed with this Decree in the following cases:
a) Official legal regulations governing the tested products and services have been completed and come into effect;
b) A request for early termination is submitted by the organization or enterprise granted the controlled testing license;
c) Detection that the organization or enterprise granted the controlled testing license has provided false or fraudulent information;
d) The organization or enterprise granted the controlled testing license fails to implement testing within 90 days from the date of approval of the controlled testing license, except in cases of force majeure or objective obstacles and where written approval has been obtained from the competent authority granting the controlled testing license;
dd) The organization or enterprise granted the controlled testing license fails to fully and properly comply with the contents specified in the decision on granting the controlled testing license and the commitments stated in the dossier for participation in controlled testing;
e) Occurrence of major systemic incidents causing irreparable damage, affecting public safety or human life and health, or disrupting market order;
g) Early termination of testing in the case specified in Clause 5 Article 19 of this Decree.
Article 21. Rights and responsibilities of competent authorities granting controlled testing licenses
Competent authorities granting controlled testing licenses shall have the following rights and responsibilities:
1. Organize periodic or ad hoc inspections during the testing process; assess implementation status; assess the application of risk control measures carried out by organizations and enterprises during testing; promote digital transformation and prioritize online supervision and connectivity with enterprises in testing inspection activities.
2. Require organizations or enterprises granted controlled testing licenses to supplement risk control measures when risks of safety incidents arise, as prescribed in Clause 1 Article 19 of this Decree; request reports and explanations on arising issues.
3. Consider deciding the granting, extension, suspension, continuation, adjustment of plans and schemes, early termination, and certification of testing completion.
4. Assess and determine results after testing to consider certifying the completion or extension of testing.
5. Receive, consider, and resolve within their jurisdiction or propose relevant agencies, organizations, or organizations and enterprises granted controlled testing licenses to resolve recommendations and feedback from participants in controlled testing or third parties regarding testing activities.
6. Take charge and cooperate with relevant agencies and organizations in researching, formulating, and proposing solutions to improve laws related to tested products and services, where necessary.
7. Be entitled to exemption from or limitation of responsibility in accordance with Article 22 of the Law on Science, Technology, and Innovation.
Article 22. Rights and responsibilities of organizations and enterprises granted controlled testing licenses
Organizations and enterprises granted controlled testing licenses shall have the following rights and responsibilities:
1. Comply with civil law, data law, personal data protection law, consumer protection law, and other relevant laws, except for articles and clauses permitted to be exempted or conditionally applied as specified in the decision on granting the controlled testing license within the approved duration, space, scope, and subjects.
2. Fully perform the responsibilities for the protection of participants in controlled testing in accordance with Article 23 of the Law on Science, Technology, and Innovation.
3. Supplement risk control measures when risks of safety incidents arise, as prescribed in Clause 1 Article 19 of this Decree; report and provide explanations on arising issues at the request of the competent authority granting the controlled testing license.
4. Cooperate in control and assessment activities; promote digital transformation and enhance online implementation in control and assessment activities; be responsible for connecting and providing information on testing activities at the request of the competent authority granting the controlled testing license.
5. Report testing results in accordance with Article 34 of this Decree.
6. Be entitled to request extension of testing, adjustment of testing plans and schemes, request early termination of testing, and obtain certification of completion of testing in accordance with this Decree.
7. Be entitled to request support, clarification, and guidance from the competent authority granting the controlled testing license during the testing process.
8. Be entitled to exemption from or limitation of responsibility in testing activities in accordance with Article 22 of the Law on Science, Technology, and Innovation.
Article 23. Principles for preparation of dossiers for testing, extension, adjustment, and termination of testing
1. Dossiers must be prepared in Vietnamese. Where documents are issued, notarized, or certified by competent foreign agencies or organizations, they must be legalized through consular procedures in accordance with Vietnamese law (except where exempted under regulations on consular legalization) and translated into Vietnamese.
2. Organizations and enterprises preparing dossiers for testing, extension, adjustment, or termination of testing shall bear full legal responsibility for the accuracy and truthfulness of the information provided.
Article 24. Dossiers for controlled testing
1. Application for participation in controlled testing of digital technology products and services using Form No. TNCNS01 in the Appendix enclosed with this Decree.
2. Testing plan (including: duration, space, scope, and subjects of testing, and other relevant information, if any).
3. Report assessing impacts on participants in controlled testing, as well as relevant organizations and individuals.
4. Report assessing benefits, novelty, added value, innovation, and commercialization potential of the proposed digital technology products and services.
5. Safety assurance plan (including: protection of property, health, life, lawful rights and interests of participants, the community, and society; assurance of information security and cybersecurity; risk control measures; mechanisms for handling complaints of participants in controlled testing; scope and measures for compensation for damages, and remedial plans in accordance with the civil law during and after testing).
6. Technical plan for provision of the tested digital technology products and services (including: documentation on technical characteristics and parameters; technical standards and regulations; standards and quality; relevant technical measures and solutions; maintenance plans; and other relevant technical contents, if any).
Article 25. Procedures for approval of participation in controlled testing
1. Any organizations or enterprises that wish to register participation in controlled testing shall submit 1 dossier for controlled testing in accordance with Article 24 of this Decree to the competent authority granting the controlled testing license for consideration and settlement. The dossier may be sent by post (postal service), in person to the Single-window Department of the competent authority, or online via the National Public Service Portal.
2. Within 5 working days from the date of receipt of the dossier, the competent authority granting the controlled testing license shall issue a written confirmation of receipt of a complete and valid dossier. In case the dossier is incomplete or invalid, the competent authority granting the controlled testing license shall issue a written request for supplementation.
3. Within 15 days from the date of the request for supplementation, if the applying organization or enterprise fails to submit a complete supplemented dossier, the competent authority granting the controlled testing license shall return the dossier in writing.
4. Within 60 days after receiving a complete and valid dossier, the competent authority granting the controlled testing license shall cooperate with relevant agencies in completing the appraisal of the dossier (including on-site inspection if necessary).
5. Where clarification is required, the competent authority granting the controlled testing license shall request the organization or enterprise to provide explanations within 15 days from receipt of the request.
After 15 days, if the organization or enterprise fails to provide explanation as requested, the competent authority granting the controlled testing license shall return the dossier in writing.
6. After appraisal, the competent authority granting the controlled testing license shall issue a decision on granting the controlled testing license for digital technology products and services using Form No. TNCNS02 in the Appendix enclosed with this Decree. In the case of refusal, a written response specifying reasons shall be provided.
7. Within 90 days from the date of issuance of the decision on granting the controlled testing license for digital technology products and services, the organization or enterprise granted the controlled testing license shall commence the testing of digital technology products and services, except in cases of force majeure or objective obstacles, with written approval from the competent authority granting the controlled testing license.
In the case of failure to commence testing as prescribed, the competent authority granting the controlled testing license shall issue a decision on early termination of testing using Form No. TNCNS07 in the Appendix enclosed with this Decree.
Article 26. Dossier for extension of controlled testing
1. Application for extension of controlled testing of digital technology products and services using Form No. TNCNS03 in the Appendix enclosed with this Decree.
2. Report on results of controlled testing of digital technology products and services using Form No. TNCNS11 in the Appendix enclosed with this Decree and proposal for extension.
Article 27. Procedures for extension of controlled testing
1. The dossier for extension shall be submitted to the competent authority granting the controlled testing license at least 60 days before the expiry of the testing period. The dossier may be submitted by post, in person to the Single-window Department, or online via the National Public Service Portal.
2. After receiving a complete and valid dossier, no later than 15 days before the expiry of the testing period, the competent authority granting the controlled testing license shall consider granting an extension by issuing a decision on extension of controlled testing of digital technology products and services using Form No. TNCNS04 in the Appendix enclosed with this Decree; in the case of refusal, a written explanation shall be provided.
Article 28. Dossier for termination of controlled testing
1. Application for termination of testing (early termination or certification of completion) of digital technology products and services using Form No. TNCNS06 in the Appendix enclosed with this Decree.
2. Report on results of controlled testing of digital technology products and services up to the time of proposed termination using Form No. TNCNS11 in the Appendix enclosed with this Decree; report explaining the reasons for the request for termination.
Article 29. Procedures for termination of controlled testing
1. The dossier for termination of testing shall be submitted to the competent authority granting the license for controlled testing at least 30 days before the proposed termination date. The dossier shall be submitted by post (postal service), or in person to the Single-window Department of the competent authority granting the controlled testing license, or online via the National Public Service Portal.
2. Within 15 days from the date of receipt of a complete and valid dossier for termination of testing, the competent authority granting the controlled testing license shall consider terminating the testing by issuing a decision on early termination of controlled testing of digital technology products and services using Form No. TNCNS07 or a decision on certification of completion of controlled testing of digital technology products and services using Form No. TNCNS10 in the Appendix enclosed with this Decree.
Article 30. Dossier for adjustment of testing
1. Application for adjustment of testing (adjustment of the testing plan, testing scheme, or suspension of testing) of digital technology products and services using Form No. TNCNS08 in the Appendix enclosed with this Decree.
2. Report on the results of controlled testing activities of digital technology products and services up to the time of the proposed adjustment using Form No. TNCNS11 in the Appendix enclosed with this Decree; report explaining the reasons for requesting adjustment of testing.
Article 31. Procedures for adjustment of testing
1. The dossier for adjustment of testing shall be submitted to the competent authority granting the controlled testing license at least 30 days before the proposed date for adjustment of testing. The dossier shall be submitted by post (postal service), in person to the Single-window Department of the competent authority granting the controlled testing license, or online via the National Public Service Portal.
2. Within 15 days from the date of receipt of a complete and valid dossier for adjustment of testing, the competent authority granting the controlled testing license shall consider permitting the adjustment of testing by issuing a decision on adjustment of the testing plan or testing scheme for controlled testing of digital technology products and services using Form No. TNCNS09 or a decision on suspension of controlled testing of digital technology products and services using Form No. TNCNS05 in the Appendix enclosed with this Decree, or refuse in writing and specify the reasons.
Article 32. Certification of completion of testing
1. Upon completion of testing within the prescribed time limit as specified in Clause 1 Article 20 or early termination of testing in the cases specified in Points a and b Clause 2 Article 20 of this Decree, the organization or enterprise granted the controlled testing license shall submit a dossier requesting the competent authority granting the controlled testing license to consider certifying the completion of testing in accordance with Articles 28 and 29 of this Decree.
2. The competent authority granting the controlled testing license shall issue a decision on certification of completion of controlled testing of digital technology products and services in accordance with Articles 28 and 29 of this Decree.
Article 33. Supervision of testing process
1. The competent authority granting the controlled testing license shall supervise the testing process through the following activities:
a) Collecting and consolidating documents, information, and data provided by organizations, enterprises, testing participants, and competent authorities, or collected from actual inspection activities;
b) Assessing testing activities based on the documents, information, and data collected in accordance with Point a Clause 1 of this Article;
c) Issuing written warnings and recommendations to organizations and enterprises granted controlled testing licenses in cases where potential risk issues are detected;
d) Suspending testing in accordance with Article 19 or terminating testing ahead of schedule in accordance with Article 20 of this Decree.
2. The competent authority granting the controlled testing license shall cooperate with relevant authorities in conducting periodic on-site inspections every 6 months or ad hoc inspections upon detection of issues related to risks that require further collection of documents, information, and data. Periodic on-site inspections must be notified to organizations and enterprises granted controlled testing licenses at least 5 working days before the inspection commencement.
Article 34. Regulations on reporting and information provision
1. Organizations and enterprises granted controlled testing licenses shall be responsible for submitting periodic reports every 6 months, testing result reports after completion of testing, using Form No. TNCNS11 in the Appendix enclosed with this Decree, or ad hoc reports upon request of the competent authority or upon detection of risks.
2. The submission of reports and provision of information shall be carried out electronically or in writing to the competent authority granting the controlled testing license, and, concurrently, sent to the National Information System on Digital Technology Industry.
1. This Decree comes into force as of January 1, 2026.
2. Decree No. 71/2007/ND-CP dated May 3, 2007 of the Government of Vietnam shall cease to have effect from the effective date of this Decree, except for Article 36 of this Decree.
Article 36. Transitional provisions
For contents related to information technology industry activities that have been approved or implemented before the effective date of the Law on Digital Technology Industry No. 71/2025/QH15, such contents shall continue to be implemented in accordance with the Law on Information Technology No. 67/2006/QH11 and legislative documents related to information technology industry, except where agencies, organizations, enterprises, and individuals opt to apply this Decree.
|
ON BEHALF OF THE GOVERNMENT Nguyen Chi Dung |
