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GOVERNMENT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 36/2026/ND-CP |
Hanoi, January 23, 2026 |
AMENDMENTS TO SOME ARTICLES OF DECREE No. 105/2016/ND-CP DATED JULY 01, 2016 OF THE GOVERNMENT ON REQUIREMENTS FOR OPERATION OF ORGANIZATIONS IN CHARGE OF INSPECTING/CALIBRATING/TESTING MEASURING INSTRUMENTS, MEASUREMENT STANDARDS AMENDED BY DECREE NO. 154/2018/ND-CP DATED NOVEMBER 09, 2018 OF THE GOVERNMENT AND DECREE NO. 133/2025/ND-CP DATED JUNE 12, 2025 OF THE GOVERNMENT ON DECENTRALIZATION AND DEVOLVEMENT IN STATE MANAGEMENT OF THE MINISTRY OF SCIENCE AND TECHNOLOGY
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Local Government Organization No. 72/2025/QH15;
Pursuant to the Law on Measurement No. 04/2011/QH13;
Pursuant to the Law on Investment No. 61/2020/QH14 amended by the Law 57/2024/QH15 and Law No. 90/2025/QH15;
Pursuant to the Law on amendments to some articles of the Law on Standards and Technical Regulations No. 70/2025/QH15;
At the request of the Minister of Science and Technology;
The Government promulgates the Decree on amendments to some articles of Decree No. 105/2016/ND-CP dated July 01, 2016 of the Government on requirements for operation of organizations in charge of inspecting/calibrating/testing measuring instruments, measurement standards amended by Decree No. 154/2018/ND-CP dated November 09, 2018 of the Government and Decree No. 133/2025/ND-CP dated June 12, 2025 of the Government on decentralization and devolvement in state management of the Ministry of Science and Technology.
Article 1. Amendments to some articles of Decree No. 105/2016/ND-CP dated July 01, 2016 of the Government on requirements for operation of organizations in charge of inspecting/calibrating/testing measuring instruments, measurement standards amended by Decree No. 154/2018/ND-CP dated November 09, 2018 of the Government
“Article 3. Requirements for operation of organizations providing inspection/calibration/testing services
1. Being a judicial person as prescribed by Vietnamese laws.
2. Having sufficient facilities and technical infrastructure including measurement standards, equipment, environmental conditions for performing inspection, calibration and testing in accordance with the requirements of the applicable inspection, calibration and testing procedures applied by the organization. The inspection, calibration and testing procedures shall comply with guidelines of the competent state authority in charge of metrology affiliated to the Ministry of Science and Technology, or international recommendations of the International Organization of Legal Metrology (OIML), standards of the International Electrotechnical Commission (IEC), standards of the International Organization for Standardization (ISO), and documents of relevant manufacturers.
3. Having at least 01 technical staff member who satisfies the following requirements:
a) Being a public employee or employee with a fixed-term labor contract of at least 12 months or an indefinite-term labor contract;
b) Holding a diploma of intermediate level, equivalent or higher;
c) Having a certificate of completion of a training course on inspection, calibration and testing of measuring instruments and standards in accordance with guidelines of the competent state authority in charge of metrology affiliated to the Ministry of Science and Technology.
4. Satisfying the following independence and objectivity requirements:
a) Disclosing the applied inspection, calibration and testing procedures through one or multiple methods including: on the organization’s website, at the organization’s headquarters, or the location where the activities are conducted;
b) The head of the organization providing inspection/calibration/testing services shall comply with the established management system, and inspection, calibration and testing procedures; and take responsibility for the accuracy of inspection, calibration and testing results;
c) Inspectors, calibrators and testers shall comply with inspection, calibration and testing procedures; and take responsibility for the accuracy of inspection, calibration and testing results that they produce.
5. Having established and maintained a management system in accordance with the national standard TCVN ISO/IEC 17025 on inspection, calibration and testing activities related to measuring instruments and measurement standards.
6. Having submitted an application for registration to provide inspection, calibration and testing services for measuring instruments and measurement standards; and being granted a registration certificate for such services (hereinafter referred to as “registration certificate”) in accordance with this Decree.”.
“Article 4. Requirements for operation of designated organizations in charge of inspecting/calibrating/testing
1. Being a judicial person as prescribed by Vietnamese laws.
2. Having sufficient facilities and technical infrastructure including working standards, reference materials, equipment, and environmental conditions for inspection, calibration and testing in accordance with requirements of relevant Vietnamese metrological technical documents issued by the competent state authority in charge of metrology affiliated to the Ministry of Science and Technology. Working standards and reference materials used directly to inspect Group 2 measuring instruments shall be calibrated, tested or compared at a designated calibration and testing organization in Vietnam with a suitable scope of activity or at a recognized foreign testing organization with a suitable scope of activity, and shall be certified in accordance with Articles 14 and 15 of the Law on Metrology.
3. Having at least 01 technical staff member who satisfies the following requirements:
a) Being a public employee or employee with a fixed-term labor contract of at least 12 months or an indefinite-term labor contract;
b) Holding a diploma of intermediate level, equivalent or higher;
c) Having a certificate of completion of a training course on inspection, calibration and testing of measuring instruments and standards in accordance with guidelines of the competent state authority in charge of metrology affiliated to the Ministry of Science and Technology;
d) Inspectors of Group 2 measuring instruments shall be certified and issued measuring inspection cards.
4. Satisfying the following independence and objectivity requirements:
a) The head of the designated organization shall comply with the established management system and corresponding Vietnamese metrological technical documents; not be influenced or controlled by any organization or individual during inspection, calibration or testing activities; ensure and take responsibility for the accuracy of the inspection, calibration and testing results;
b) Inspectors, calibrators and testers shall comply with the corresponding Vietnamese metrological technical documents; not be influenced or controlled by any organization or individual during the inspection, calibration or testing activities; ensure and take responsibility for the accuracy of the inspection, calibration and testing results.
5. Having established and maintained a management system in accordance with the national standard TCVN ISO/IEC 17025 on inspection, calibration and testing activities for measuring instruments and measurement standards.
6. Having submitted an application for designation to inspect, calibrate and test Group 2 measuring instruments, and reference standards used directly for inspecting Group 2 measuring instruments; and having been designated to perform inspection, calibration and testing of such measuring instruments and measurement standards in accordance with clause 3, Article 25 of the Law on Metrology.”.
3. Amendments to clause 4, Article 5:
“4. The declaration of having established and maintained a management system in accordance with the national standard TCVN ISO/IEC 17025 on inspection, calibration and testing activities for measuring instruments and measurement standards in accordance with Form No. 05 in the Appendix attached to this Decree.”.
“Article 6. Issuance of registration certificates
1. The issuance of registration certificates is within the authority of the President of the People’s Committee of the province or city (hereinafter referred to as “President of province-level People’s Committee”).
2. The organization registering to provide inspection, calibration and testing services (hereinafter referred to as “registering organization”) shall prepare one set of application and submit it to the authority assigned to receive the application at the province or city where the organization’s headquarters is located by one of the following methods: in person at the Single-window Department, by post, or online.
3. Within 05 working days from the receipt of valid application, the President of province-level People’s Committee is responsible for issuing the registration certificate in accordance with Form No. 03 in the Appendix attached to this Decree.
4. In case the application is invalid, within 03 working days from the receipt of the application, the President of province-level People’s Committee shall notify the registering organization in writing of the reasons for refusal or the information that need to be amended.”.
“Article 7. Re-issuance of registration certificates
1. The re-issuance of registration certificates is within the authority of the President of province-level People’s Committee.
2. When requesting re-issuance of the registration certificate, the organization providing inspection, calibration and testing services shall prepare 01 set of application as prescribed in clauses 3, 4, 5 and 6 of this Article and submit it to the authority assigned to receive the application for re-issuance of the registration certificate in the province or city where the organization’s headquarters is located by one of the following methods: in person at the Single-window Department, by post, or online.
3. In cases of narrowing the scope or loss/damage of the paper registration certificate making it unusable, the application shall include a written request stating the reason.
4. In cases of requesting re-issuance of a registration certificate that has been invalidated and the organization providing inspection, calibration and testing services has completed remedial measures, the application shall include:
a) A written request for re-issuance of the registration certificate;
b) A copy (certified true of the applicant) or electronic copy of proofs of completion of remedial measures.
5. In cases of adding services or expanding scope, the application shall include:<0
a) A form registration for inspection, calibration and testing services of measuring instruments and measurement standards in accordance with Form No. 01 in the Appendix attached to this Decree for the expanded or added service;
b) A report on technical facilities and human resources in accordance with Form No. 02 in the Appendix attached to this Decree for the expanded or added service.
6. In cases of adjusting information on an issued registration certificate after merger, consolidation, renaming, division, separation, form conversion, or change of address or business location, the application shall include:
a) An written request stating the adjustments;
b) A report on technical facilities and human resources in accordance with Form No. 02 in the Appendix attached to this Decree;
c) Copies (certified true copies of the applicant) or electronic copies of documents related to the adjustments (if any).
7. Within 04 working days from the receipt of the written request (for cases prescribed in clause 3 of this Article) or within 05 working days from the receipt of valid application (for cases prescribed in clauses 4, 5, and 6 of this Article), the President of province-level People’s Committee is responsible for re-issuing the registration certificate in accordance with Form No. 03 in the Appendix attached to this Decree. If the application is not valid, within 03 working days from the receipt of the application, the President of province-level People’s Committee shall notify the applicant in writing the reasons for refusal or the information to be amended.”.
6. Amendments to some clauses of Article 8:
a) Amendments to clause 1:
“1. The President of province-level People’s Committee has the authority to revoke the registration certificate of the applicant if during the process of handling administrative procedures for issuance or re-issuance of the registration certificate, or by the inspection results of the competent state authority, the applicant is found to be in one of the following cases:
a) Being fined for measurement violations 03 times or more;
b) Failing to rectify violations at the request of inspection authorities;
c) Failing to fully perform the responsibilities of the organization providing inspection, calibration and testing services as prescribed in clause 1, Article 11 of this Decree for 02 consecutive years;
d) Forging or providing untruthful information in documents of the application for re-issuance of the registration certificate;
dd) Committing acts of erasing or altering the information in the registration certificate.”.
b) Amendments to clause 3:
In the case that the organization providing inspection, calibration and testing services goes bankrupt or is dissolved, the registration certificate of such organization shall automatically become invalid.”.
c) Amendments to clause 4:
“4. In the case where the organization providing inspection, calibration and testing services submits a written request to terminate the validity of the registration certificate to the authority assigned to receive such requests in the province or city where the organization’s headquarters is located in person at Single-window Department, by post, or online. The President of province-level People’s Committee are responsible for terminating the validity of the registration certificate within 03 working days from the receipt of the written request.”.
“Article 9. Responsibilities of ministries and ministerial authorities
1. The Ministry of Science and Technology shall:
a) Provide guidelines and manage inspection, calibration and testing activities nationwide; inspect the fulfillment of responsibilities of relevant authorities, organizations and individuals as prescribed in this Decree nationwide;
b) Develop and manage measurement data on the National Database on Standards, Measurement and Quality in accordance with the laws;
c) Provide guidelines on information, forms and use of seals, stamps and certificates for inspection, calibration, and testing of measuring instruments and measurement standards;
d) Direct competent state authorities in charge of metrology affiliated to the Ministry of Science and Technology to issue guidelines on the development of procedures for inspecting, calibrating and testing measuring instruments and measurement standards; guidelines documents on training for inspectors, calibrators and testers of measuring instruments and measurement standards; and Vietnamese metrological technical documents;
dd) Regulate the certification of measurement standards used for inspection of group 2 measuring instruments, and the certification and issuance of metrological inspector cards.
2. Ministries, ministerial authorities and governmental authorities within their tasks and authority shall cooperate with the Ministry of Science and Technology, province-level People’s Committees in disseminating and inspecting inspection, calibration and testing services upon requests and in accordance with this Decree.”.
8. Addition of clause 3 after clause 2, Article 10:
“3. Update measurement data on the National Database on Standards, Measurement and Quality developed and managed by the Ministry of Science and Technology for the following information: (i) organizations providing inspection, calibration and testing services immediately after issuance of registration certificates; (ii) reports on the implementation of inspection, calibration and testing activities of service-providing organizations immediately after receiving their reports.”.
9. Amendments to clause 1, Article 11:
“1. Responsibilities of organizations providing inspection, calibration and testing services:
a) Perform inspection, calibration and testing services of measuring instruments and measurement standards for which they have been granted registration certificates; comply with procedures prescribed in the publicly applied inspection, calibration and testing procedures for measuring instruments and measurement standards; fully preserve results of inspection, calibration, testing and certificates issued to customers; comply, maintain and keep applications and documents related to the fulfillment of operational requirements as prescribed in this Decree;
b) Issue and implement regulations on maintaining, preserving and using measurement standards and measuring instruments for inspection, calibration and testing to ensure traceability of standards; implement measures to prevent, avoid influence causing alteration in main metrological technical characteristics of measuring instruments and measurement standards during use; regulate the content, form, printing, production, management and use of seals, stamps and certificates for inspection, calibration and testing of measuring instruments and measurement standards in accordance with guidelines of the Ministry of Science and Technology. The issuance of electronic certificates shall comply with laws on electronic transactions;
c) Develop and disclose prices for inspection, calibration and testing services as prescribed by laws; comply with regulations on service pricing and state inspection of metrology of competent state authorities;
d) Annually, before December 31, or at the request by competent state authorities, prepare and submit reports on inspection, calibration and testing activities in accordance with Form No. 04 in the Appendix attached to this Decree.”.
Article 2. Replacement and annulment of some regulations of Decree No. 105/2016/ND-CP dated July 01, 2016 of the Government on requirements for operation of organizations in charge of inspecting/calibrating/testing measuring instruments, measurement standards; Decree No. 154/2018/ND-CP dated November 09, 2018 of the Government on amendments and annulment of some regulations on requirements for investment and business regarding state management of the Ministry of Science and Technology, and some regulations on specialized inspection; and Decree No. 133/2025/ND-CP dated June 12, 2025 of the Government on decentralization and devolvement in state management of the Ministry of Science and Technology
1. The phrase “training” is replaced with the phrase “refresher training” in point a, clause 2, Article 11 of Decree No. 105/2016/ND-CP.
2. Clauses 2 and 5, Article 5; clause 2, Article 8; and Article 13 of Decree No. 105/2016/ND-CP are annulled.
3. Article 2 and Appendix I attached to Decree No. 154/2018/ND-CP are annulled.
4. Articles 48, 59 and 50; Part A in Appendix v.1; Forms No. 01, 02, 03 and 11 in Appendix V.1 attached to Decree No. 133/2025/ND-CP are annulled.
5. Forms No. 01, 02, 03 and 04 in the Appendix attached to Decree No. 105/2016/ND-CP are respectively replaced by Forms No. 01, 02, 03 and 04 in the Appendix attached to this Decree.
Article 3. Transitional provision
1. For applications that have been received by competent authorities or persons before the effective date of this Decree but have not yet been resolved, they shall continue to be processed in accordance with applicable laws at the time of receipt of such applications. Competent authorities or persons are not allowed to request applicants to supplement or update their applications as prescribed in this Decree.
2. Documents that were issued or granted by competent authorities or persons prior to the effective date of this Decree and have not yet expired shall continue to be applied and used in accordance with the laws until their expiry date or until they are amended, replaced, revoked, terminated or annulled by competent authorities or persons.
Article 4. Implementation clause
1. This Decree comes into force from the day on which it is signed.
2. Ministers; Heads of ministerial authorities; Heads of governmental authorities; Presidents of People’s Committees of provinces and central-affiliated cities; relevant organizations and persons are responsible for implementing this Decree./.
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ON BEHALF OF THE GOVERNMENT Nguyen Chi Dung |
