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THE NATIONAL ASSEMBLY |
THE SOCIALIST REPUBLIC OF VIETNAM |
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Law No. 70/2025/QH15 |
Hanoi, June 14, 2025 |
ON AMENDMENTS TO A NUMBER OF ARTICLES OF THE LAW ON STANDARDS AND TECHNICAL REGULATIONS
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on amendments to a number of articles of the Law on Standards and Technical regulations No. 68/2006/QH11, as amended by Law No. 35/2018/QH14.
Article 1. Amendments to a number of articles of the Law on Standards and Technical regulations
1. Amendments to Article 3 are as follows:
“Article 3. Interpretation of terms
1. Standard means regulations on technical characteristics and management requirements used as a basis for classification and assessment of products, goods, services, processes, the environment, and other subjects in socio-economic activities.
Standards are promulgated by agencies, organizations, or entities in the form of documents for voluntary application.
2. Technical regulation means regulations on the limits of technical characteristics and management requirements which products, goods, services, processes, the environment, and other subjects in socio-economic activities must comply with in order to ensure hygiene, human health; protect animals, plants, and the environment; protect national interests and security, consumer rights, and other essential requirements; ensure compliance with commitments in international treaties to which the Socialist Republic of Vietnam is a signatory and not create unnecessary barriers to trade.
Technical regulations are promulgated by regulatory agencies or competent persons in the form of legal normative documents for mandatory application.
3. Activities in the field of standards include the development, promulgation, and application of standards, and conformity assessment against standards.
4. Activities in the field of technical regulations include the development, promulgation, and application of technical regulations, and conformity assessment against technical regulations.
5. Conformity assessment means determination that the subject of activities in the field of standards and the subject of activities in the field of technical regulations conform to technical characteristics and management requirements specified in the respective standards and technical regulations.
Conformity assessment includes the following activities: testing, inspection, validation of use value, verification inspection, certification of conformity with standards, certification of conformity with technical regulations, accreditation, and other conformity assessment activities referred to under different terms in relevant laws.
6. Testing means determination of one or more characteristics of the subject of activities in the field of standards and activities in the field of technical regulations in accordance with a given procedure.
7. Inspection means examination and determination of conformity of the subject of activities in the field of standards and activities in the field of technical regulations with specific or general requirements.
8. Validation of use value means validation of the appropriateness of the declaration of conformity relating to intended use or expected results by providing evidence proving that the requirements are fully met according to the relevant standards and technical regulations.
9. Verification inspection means validation of the accuracy of the declaration of conformity relating to an event that has occurred or results achieved by providing evidence proving that the requirements are fully met according to the relevant standards and technical regulations.
10. Certification means assessment and validation that the subject of activities in the field of standards and activities in the field of technical regulations conforms to the respective standards and technical regulations.
11. Certification of conformity with standards means assessment and validation that the subject of activities in the field of standards conforms to the respective standards.
12. Certification of conformity with technical regulations means assessment and validation that the subject of activities in the field of technical regulations conforms to the respective technical regulations.
13. Accreditation means validation that a conformity assessment body has the competence in accordance with the respective standards.
14. Conformity assessment body (CAB) means an organization performing conformity assessment activities specified in Clause 5 of this Article, except for accreditation activities performed by accreditation bodies as provided in Article 54 of this Law.
15. Declaration of conformity with standards means that an organization or individual declares that the subject of activities in the field of standards conforms to the respective standards.
16. Declaration of conformity with technical regulations means that an organization or individual declares that the subject of activities in the field of technical regulations conforms to the respective technical regulations.
17. National standard means a standard promulgated by a competent regulatory agency in accordance with procedures prescribed in this Law.
18. International standard means a standard promulgated by an international standards organization or an international organization operating in the field of standards.
19. Regional standard means a standard promulgated by a regional standards organization or a regional organization operating in the field of standards.
20. Foreign standard means a standard promulgated by a foreign national standards organization, or by foreign associations, societies, or specialized research institutes.
21. Organizational standard means a standard promulgated by regulatory agencies, economic organizations, public sector entities, or professional – social organizations for application within the scope of such agencies or organizations.
22. National standards body (NSB) means the national focal point for standards, responsible for uniform implementation of international cooperation in the field of standards; representing the country in international and regional standards organizations; coordinating and nominating representatives of Vietnam to participate in international technical standards committees.
23. Technical barriers to trade (TBT) means technical measures mandatorily applied to ensure safety, hygiene, human health; protect animals, plants, and the environment; protect national interests and security, consumer rights, as provided in technical regulations, standards referenced in technical regulations, legal normative documents, or conformity assessment procedures promulgated by regulatory agencies or competent persons.”.
2. Amendments to Articles 5, 6, 7; addition of Article 7a and Article 7b after Article 7; amendments to Article 8 and addition of Articles 8a, 8b, 8c after Article 8 shall be as follows:
“Article 5. Subjects of activities in the field of standards and activities in the field of technical regulations
1. Subjects of activities in the field of standards and activities in the field of technical regulations include:
a) Products, goods;
b) Services;
c) Processes;
d) Environment;
dd) Other subjects in socio-economic activities.
2. The Government shall elaborate 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 are fundamental state management tools, applied in all areas of socio-economic life to ensure safety, quality of products, goods, services, processes, and the environment; promote innovation, enhance productivity, national competitiveness, quality of life of the people, and international integration.
2. Activities in the field of standards and activities in the field of technical regulations shall be implemented on the principle that the State provides orientation, the market plays a leading role, enterprises are the center, society participates actively; ensuring delegation, devolution, publicity, transparency, non-discrimination, and preventing unnecessary barriers to production, business, and trade.
3. Standards and technical regulations shall be developed on the basis of scientific and technological progress, innovation, digital transformation, requirements of state management, production and business needs, practical application, and socio-economic development orientation; ensuring broad consultation, feasibility, consistency, synchronization, suitability to sectoral and industry characteristics, and developmental needs in each period; and complying with principles for developing 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. Prioritize allocation of science and technology budget for research and development of national standards and technical regulations. Ensure funding for state agencies and organizations to participate in scientific research, technological development, transfer, high-tech and new technology applications, innovation, and digital transformation activities in the field of standards and technical regulations.
2. Invest resources and facilities for activities in the field of standards and technical regulations; develop modern, internationally integrated conformity assessment bodies; promote digital transformation in the development, application, and dissemination of standards and technical regulations.
3. Mobilize and efficiently use investment resources from associations, societies, and enterprises in the field of standards and technical regulations; develop standardization services through public-private partnerships; encourage domestic and foreign organizations and individuals, as well as overseas Vietnamese, to participate in the development and application of standards and technical regulations in Vietnam.
4. Invest in and upgrade training institutions for professional training on standards and technical regulations; develop high-quality human resources and a team of leading experts of international standing in the field of standards and technical regulations through formal education, vocational training, and professional training at educational institutions, vocational education institutions, and science and technology organizations.
5. Focus on building and completing a comprehensive, synchronized, and unified system of national standards and technical regulations, expanding application scope from certain key sectors to the entire economy; implement mechanisms to support small and medium-sized enterprises in accessing and effectively applying standards.
6. Propagation to raise awareness, knowledge, and responsibility of agencies, organizations, and citizens about the role, significance, and importance of activities in the field of standards and activities in the field of technical regulations. Encourage organizations and individuals to participate in dissemination of standards in various forms to raise community awareness of the role of standards, and to build a standardization culture in society; organize World Standards Day in Vietnam.
7. Commend and reward agencies, organizations, and individuals with positive contributions in the field of standards and technical regulations in accordance with law.
Article 7b. State management of activities in the field of standards and activities in the field of technical regulations
1. State management contents of activities in the field of standards and activities in the field of technical regulations include:
a) Developing, promulgating, or submitting to competent authorities for promulgation, and organizing the implementation of policies, strategies, programs, plans, and legal normative documents in the field of standards and the field of technical regulations;
b) Preparing and approving plans for development of national standards and technical regulations; appraising and promulgating national standards; assessing impacts, appraising, and promulgating technical regulations to promptly meet requirements of state management and socio-economic development;
c) Managing and guiding conformity assessment activities, applying advanced management systems in regulatory agencies, organizations, and enterprises to ensure consistency and effectiveness in implementation;
d) Organizing dissemination and guidance on developing, applying, and updating standards and technical regulations in sectors and industries;
dd) Managing and organizing the development, operation, and use of the National Database on standards, metrology, and quality;
e) Developing and improving human resources for activities in the field of standards and activities in the field of technical regulations; organizing scientific research and technology development on standards and technical regulations;
g) International cooperation on standards and technical regulations; managing the operation of the national network of notification and inquiry points on standards, technical regulations, and conformity assessment;
h) Propagation, dissemination, and organization of guidance for implementation of the law on standards and technical regulations; conducting statistics on activities in the field of standards and activities in the field of technical regulations;
i) Inspection, examination, settlement of complaints and denunciations, and handling of violations of law regarding 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 serve requirements of national defense, security, and socio-economic development.
2. Responsibilities for state management of activities in the field of standards and activities in the field of technical regulations are defined as follows:
a) The Government shall exercise unified state management of activities in the field of standards and activities in the field of technical regulations;
b) The Ministry of Science and Technology is the focal point, being held accountable to the Government for unified state management of activities in the field of standards and activities in the field of technical regulations; stipulating duties and powers of the national standards body (NSB); acting as the national representative in negotiations and implementation of commitments on technical barriers to trade (TBT) under international treaties to which the Socialist Republic of Vietnam is a party; developing and submitting to the Prime Minister for approval the National Standards Strategy;
c) Ministries, ministerial agencies, and province-level People’s Committees, centrally-affiliated cities, shall coordinate with the Ministry of Science and Technology in state management of activities in the field of standards and activities in the field of technical regulations within their assigned tasks and powers.
The Ministry of National Defense and the Ministry of Public Security shall take primary responsibility and coordinate with the Ministry of Science and Technology to provide specific regulations on activities in the field of standards and activities in the field of technical regulations for specific subjects in defense and security sectors.
The Minister of National Defense shall provide specific regulations on activities in the field of standards and activities in the field of technical regulations for specific subjects in the field of cryptography.
Article 7b. Activities in the field of standards and activities in the field of technical regulations for subjects on the list of state secrets
The Government shall stipulate activities in the field of standards and activities in the field of technical regulations for products, goods, services, processes, and the environment on the list of state secrets as prescribed by the law on protection of state secrets.
Article 8. International cooperation on standards and technical regulations
1. The State encourages expanded cooperation with countries, territories, international organizations, regional organizations, and foreign organizations and individuals, on the basis of independence, sovereignty, territorial integrity, equality, and mutual benefit; ensuring resources for representatives of Vietnam to participate in the development of standards of international standards and regional standards organizations; allocating resources for enterprises, professional associations, and domestic technical experts to participate in international technical standards committees in relevant fields.
2. The State shall enable and adopt measures to promote conclusion of international treaties and agreements on mutual recognition of conformity assessment results in order to facilitate trade development between Vietnam and countries and territories.
Article 8a. National standards strategy
1. The national standards strategy is an overall, long-term orientation tool for activities in the field of standards, aiming to develop a modern, integrated, and unified national quality infrastructure from central to local levels, meeting requirements of sustainable development and international integration, contributing to enhancing national competitiveness on the basis of science, technology, innovation, and digital transformation.
2. The national standards strategy shall focus on the following main contents:
a) Completing a comprehensive, modern system of national standards in the fields of national governance, economy, culture, society, and environment, ensuring consistency and synchronization in state management;
b) Developing standards for strategic technologies, digital transformation, sustainable development, and key industries, particularly standards for high-tech products to support exports, enhance national branding, and harmonize with international standards;
c) Developing national standards towards full harmonization with international standards and regional standards, consistent with domestic conditions;
d) Organizing development and application of standards through implementation of science and technology tasks at all levels using state budget;
dd) Strengthening international integration, researching, proposing, and developing international standards for products, goods, and services in which Vietnam has strengths, ensuring full compliance with commitments in international treaties to which the Socialist Republic of Vietnam is a party.
3. The Government shall elaborate this Article.
Article 8b. Transparency, notification, and inquiry activities on technical barriers to trade
1. Agencies, organizations, and individuals shall be responsible for implementing transparency obligations and complying with principles on notification and inquiry of stakeholders regarding standards, technical regulations, and conformity assessment procedures, in accordance with commitments on technical barriers to trade (TBT) under international treaties to which the Socialist Republic of Vietnam is a party.
2. The State shall invest in the development and operation of a national notification and inquiry infrastructure on technical barriers to trade (TBT) in a synchronized and modern manner, meeting requirements of international integration and protecting national interests.
3. Notification and inquiry activities on technical barriers to trade (TBT) shall be carried out based on the following principles:
a) Ensuring consistency with socio-economic conditions of Vietnam, and compatibility with notification and inquiry points on technical barriers to trade (TBT) of the network of inquiry points to fulfill transparency obligations under international treaties to which the Socialist Republic of Vietnam is a party;
b) Supporting enterprises through development of a database on technical barriers to trade (TBT), with policies to resolve difficulties of enterprises to expand production and business;
c) Encouraging and supporting domestic enterprises to access key markets, focusing on supporting enterprises in priority sectors and industries; developing and effectively implementing export support programs.
4. The Government shall assign a Ministry to coordinate activities related to technical barriers to trade (TBT); conduct analysis and impact assessment of commitments on technical barriers to trade (TBT); act as the national focal point for notification and consultation on draft technical regulations to WTO TBT members; and carry out propagation domestically and internationally on 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 unified, modern digital platform, integrating relevant data, serving state management and providing information to support organizations and individuals as prescribed by law.
2. The national database on standards, metrology, and quality includes:
a) Data on standards and technical regulations;
b) Data on metrology;
c) Data on conformity assessment;
d) Information on feedback and settlement of petitions of organizations and individuals regarding activities in the field of standards, metrology, and quality.
3. Data on standards and technical regulations include the following information:
a) National standards, organizational standards, international standards, regional standards, foreign standards;
b) National technical regulations, local technical regulations;
c) Members of national technical standards committees;
d) Members of international technical standards committees in which Vietnam participates;
dd) Technical documents and related information.
4. Data on conformity assessment shall include the following information:
a) Conformity assessment bodies (CABs) that have been registered, designated, or accredited; registered accreditation organizations;
b) Declarations of conformity with standards, declarations of conformity with technical regulations of relevant organizations and individuals;
c) Organizations and individuals violating the law on standards, metrology, and quality;
d) Periodic and ad hoc reports;
dd) Technical documents and related information.
5. Data on metrology shall include the following information:
a) Measurement standards that have been certified or approved;
b) Measuring instruments that have been type-approved;
c) Organizations providing verification, calibration, or testing services for measuring instruments or measurement standards that have been designated or registered;
d) Inspectors who have been certified and issued metrology inspector cards;
dd) Periodic and ad hoc reports.
6. The development, management, and operation of the national database on standards, metrology, and quality must meet the following requirements:
a) Ensuring consistency, uniformity, publicity, transparency, connectivity, and sharing with other national databases and digital platforms of ministries, sectors, and localities; meeting requirements for information exploitation by organizations and individuals;
b) Regular updating, maintenance, and exploitation, ensuring accuracy and completeness; prioritizing the application of new technologies to analyze, evaluate, and give warnings on issues related to standards, technical regulations, metrology, and quality;
c) Compliance with the law on data, cybersecurity, and other relevant laws.
7. The State shall invest in the development and ensure conditions for the operation of the national database on standards, metrology, and quality.
8. The Government shall elaborate this Article.”.
3. Add Article 10a after Article 10 as follows:
“Article 10a. Principles of development, application of standards, and declaration of applied standards
1. Principles of developing standards include:
a) Developing national standards must ensure full and effective participation and compliance with the principle of consensus among stakeholders;
b) Developing national standards must give priority to harmonization with international standards, regional standards, and foreign standards, except where inconsistent with specific geographical, climatic, technical, infrastructure, or technological conditions of Vietnam, or affecting national interests;
c) Encouraging the development of national standards on the basis of full adoption of international standards, regional standards, and foreign standards, in line with guidance of the International Organization for Standardization (ISO) and consistent with conditions of Vietnam;
d) Development of national standards for innovative subjects, strategic technologies, high technologies, and new technologies shall be completed within no more than 12 months from the approval of the plan for developing such national standards;
dd) National standards and organizational standards must not be contrary to technical regulations or legal normative documents;
e) Giving priority to development of organizational standards on the basis of reference to national standards, international standards, regional standards, foreign standards, and scientific and technological research results of enterprises.
2. Principles of applying standards include:
a) National standards shall be applied on a voluntary basis and serve as the basis for conformity assessment;
b) All or part of national standards, international standards, regional standards, or foreign standards shall become mandatory when referenced in technical regulations or legal normative documents;
c) National standards that are being applied in applications, documents, contracts, projects, agreements, or other approved and signed instruments but are repealed, shall continue to be applied until required to be replaced by other standards by competent authorities, organizations, or individuals, or until such application is no longer consistent with technical regulations or effective legal normative documents.
The continued application of repealed national standards shall be decided by approving or signing authorities, organizations, or individuals based on management requirements, technical capacity, and technological level, and they shall be held accountable for their decisions;
d) Organizational standards shall be applied within the scope of the authority, organization, or entity that promulgates the standard.
3. Principles of declaring applied standards include:
a) Organizations and individuals declaring applied standards for products, goods, services, processes, environment, and other subjects in socio-economic activities shall be responsible for ensuring that such products, goods, services, processes, environment, and other subjects conform to the declared standards;
b) The content of declared applied standards must not be contrary to technical regulations or legal normative documents.”.
4. Add Article 11a after Article 11 as follows:
“Article 11a. Rights and responsibilities of organizations and individuals participating in development of national standards
1. Proposing and giving comments on the plan for development of national standards.
2. Taking the lead in drafting or participating in drafting draft national standards to be submitted to the Ministry of Science and Technology for appraisal and promulgation.
3. Commenting on draft national standards.
4. Organizations and individuals with outstanding achievements in research and participation in development of national standards and international standards shall be given priority in consideration for science and technology awards, national quality awards, and other incentives as provided by law.
5. Being responsible for information, data, scientific basis, and accuracy in developing and commenting on national standards.
6. The Government shall elaborate this Article.”.
5. Amendments to Article 14 are as follows:
“Article 14. Plan for development of national standards
1. The plan for development of national standards shall include a five-year plan and an annual plan, prepared on the basis of the following:
a) The national standards strategy;
b) Harmonization of international standards under international treaties and international agreements to which the Socialist Republic of Vietnam is a party;
c) Requirements of socio-economic development;
d) Proposals from organizations and individuals.
2. The plan for development of national standards shall be prepared and approved by a Ministry assigned by the Government, in coordination with relevant agencies and organizations, and shall serve as the basis for development and promulgation of national standards.
3. The Government shall elaborate this Article.”.
6. Amendments to Articles 16 and 17 are as follows:
“Article 16. National technical standards committees
1. The national technical standards committee is a technical advisory body composed of representatives of ministries, ministerial agencies, Governmental agencies, province-level People’s Committees, centrally-affiliated cities, scientific and technological organizations, associations, enterprises, other relevant organizations, consumers, and experts.
2. The national technical standards committee shall perform the following tasks:
a) Propose plans, programs, and solutions for development of national standards;
b) Draft national standards; directly develop draft national standards; participate in drafting and commenting on draft international standards and draft regional standards; participate in appraisal of draft national standards dossiers;
c) Participate in advisory activities and dissemination of national standards and other standards;
d) Participate in development of draft technical regulations when so requested.
3. Operating funds for the national technical standards committee shall be ensured by the state budget.
Article 17. Procedures for development, appraisal, and promulgation of national standards
1. Procedures for development, appraisal, and promulgation of national standards shall be as follows:
a) The agency in charge of developing draft national standards shall organize drafting, consultation, broad collection of opinions, and public disclosure of draft national standards; review and incorporate opinions of organizations and individuals to finalize the draft national standards dossier;
b) Organizations and individuals drafting national standards or proposing existing standards may request the Ministry of Science and Technology to consider and assign the national technical standards committee to carry out the procedures specified at Point a, Clause 1 of this Article;
c) The Ministry of Science and Technology shall appraise the draft national standards dossiers specified at Points a and b, Clause 1 of this Article and promulgate national standards.
2. National standards may be developed, appraised, and promulgated according to fast-track procedures in the following cases:
a) National standards applied in urgent cases of natural disaster prevention and control, epidemics, fire, explosion, or national security protection;
b) National standards referenced in legal normative documents or technical regulations promulgated under fast-track procedures.
3. The Government shall elaborate this Article.”.
7. Amendments to Articles 19, 20, and 21 are as follows:
“Article 19. Review, amendment, supplementation, replacement, and repeal of national standards
1. Amendment, supplementation, replacement, or repeal of national standards shall be carried out based on results of review of national standards or proposals from ministries, ministerial agencies, Governmental agencies, organizations, or individuals.
2. The Government shall regulate the review and evaluation of effectiveness of application of national standards, and the procedures for amendment, supplementation, replacement, and repeal of national standards.
Article 20. Development and promulgation of organizational standards
1. Organizational standards shall be developed and promulgated by the head of organizations specified in Clause 3, Article 11 of this Law for application within such organizations.
2. Organizations promulgating organizational standards shall notify the promulgation through the national database on standards, metrology, and quality. The notification shall include information on the name, address, and phone number of the organization promulgating the organizational standards, as well as information on the name, code, and basic characteristics of the organizational standards.
3. The Government shall assign a Minister to regulate procedures for development and promulgation of organizational standards.
Article 21. Publication and dissemination of standards
1. Publication and dissemination of standards must comply with the laws on publishing and intellectual property.
2. Competent authorities publishing and disseminating national standards include:
a) The Ministry of Science and Technology shall be responsible for publishing and disseminating national standards within 10 working days from the date such national standards are promulgated; ministries, ministerial agencies, and Governmental agencies shall have the right to publish and disseminate national standards for which they organized the drafting;
b) National standards developed with funding from the state budget and national standards referenced in technical regulations shall be published and disseminated publicly;
c) The Government shall issue documents on elaboration of the publication and dissemination of national standards.
3. Vietnamese representative bodies participating in international or regional standardization organizations shall publish and disseminate international standards and regional standards in accordance with the regulations of such organizations.
Publication and dissemination of standards by international or regional organizations in which Vietnam is not a member, and standards promulgated by other organizations, shall be carried out under agreements with such organizations.
4. Organizations promulgating organizational standards shall retain the right to publish and disseminate such organizational standards.”.
8. Amendments to Article 25 are as follows:
“Article 25. Funding sources for development of standards
1. Funding sources for development of national standards shall include:
a) State budget allocated under the annual state budget estimates approved by competent authorities and adjusted in accordance with the law on state budget;
b) Voluntary contributions from domestic organizations and individuals, foreign organizations and individuals;
c) Other lawful revenues.
2. Funding sources for development of organizational standards shall be ensured by the organization developing and promulgating the organizational standards; in the case of organizational standards developed by regulatory agencies, funding shall be ensured by the state budget.
3. The Government shall regulate the management and use of funding for development of national standards; and technical-economic norms for development of national standards, in conformity with actual conditions.”.
9. Addition of Article 26a after Article 26; amendments to and supplements of Article 27; addition of Article 27a after Article 27 as follows:
“Article 26a. Principles for development and application of technical regulations
1. Principles for development of technical regulations shall include:
a) Each product, good, service, process, environment, or other subject in socio-economic activities shall be governed by only one unified national technical regulation nationwide, unless otherwise provided by law;
b) Consistent with the practice of Vietnam and international practice; ensuring uniformity and synchronization within the legal system and across state management sectors; ensuring feasibility, effectiveness, and consistency with conformity assessment activities;
c) Ensuring participation of agencies, organizations, associations, enterprises, and individuals subject to the impact of technical regulations;
d) Giving priority to prescribing technical requirements based on product or goods performance; limiting requirements of descriptive or detailed design nature;
dd) Technical regulations may reference other technical regulations when necessary;
e) Local technical regulations must not prescribe different requirements for the same subject already governed by a national technical regulation, unless otherwise provided by law.
2. Principles for application of technical regulations shall include:
a) Technical regulations shall be applied on a mandatory basis and serve as the basis for conformity assessment;
b) Local technical regulations shall apply within the management scope of localities to products, goods, services, processes, environments, or other socio-economic subjects specific to the locality and consistent with geographical, climatic, hydrological characteristics, and socio-economic development level of the locality.
Article 27. Responsibilities for development, appraisal, and promulgation of technical regulations
1. Responsibilities for development, appraisal, and promulgation of national technical regulations are prescribed as follows:
a) Ministers and heads of ministerial agencies shall organize development, appraisal, and promulgation of national technical regulations within their assigned sectors, after obtaining written opinions of the Ministry of Science and Technology;
b) The Ministry of Science and Technology shall act as the focal point coordinator, responsible for determining the agency in charge of developing national technical regulations of intersectoral nature for each regulated subject;
c) The Government shall regulate the development, appraisal, and promulgation of national technical regulations for subjects of activities in the field of technical regulations under management of Governmental agencies; and define responsibilities in the development and promulgation of national technical regulations.
2. Province-level People’s Committees and centrally-affiliated cities shall organize development, appraisal, and promulgation of local technical regulations after obtaining written opinions of competent state authorities as specified at Point a, Clause 1 of this Article.
Article 27a. Rights and responsibilities of organizations and individuals participating in development of technical regulations
1. Proposing and giving opinions on plans for development of technical regulations.
2. Drafting technical regulations to request the promulgating authority to consider promulgation.
3. Participating in drafting draft technical regulations at the request of the promulgating authority.
4. Commenting on draft technical regulations.
5. Being responsible for information, data, scientific basis, and accuracy in developing and commenting on technical regulations.”.
10. Amendments to Article 29 are as follows:
“Article 29. Plan for development of technical regulations
1. The plan for development of technical regulations shall include a five-year plan and an annual plan, prepared on the basis of the following:
a) Requirements of socio-economic development;
b) Requirements of state management;
c) Proposals from organizations and individuals.
2. The plan for development of technical regulations shall serve as the basis for development and promulgation of technical regulations.
3. The Government shall elaborate this Article.”.
11. Amendments to Articles 32 and 33 are as follows:
“Article 32. Development and promulgation of technical regulations
1. Based on the approved plan for development of technical regulations, the promulgating authority shall organize the development of technical regulations; conduct impact assessment, broad consultation, and notify the Secretariat of the World Trade Organization; organize appraisal of the draft technical regulations dossier; and obtain opinions of the Ministry of Science and Technology prior to promulgation in the case of national technical regulations, or obtain opinions of the Ministry managing the corresponding sector or field in the case of local technical regulations.
2. Development, appraisal, and promulgation of technical regulations under fast-track procedures shall apply in the following cases:
a) Emergency cases under the law on state of emergency; urgent and extraordinary requirements due to reasons of defense, security, national interests, natural disaster prevention and control, epidemics, fire, explosion; or other urgent cases arising in practice;
b) Cases requiring immediate amendment to comply with newly promulgated technical regulations or legal normative documents.
3. Ministers, heads of ministerial agencies, and province-level People’s Committees and centrally-affiliated cities shall promulgate technical regulations in the form of legal normative documents in accordance with the law on promulgation of legal normative documents.
4. The Government shall elaborate this Article.
Article 33. Contents of appraisal of draft technical regulations dossiers
1. Consistency of technical regulations with provisions of law and relevant international commitments.
2. Uniformity and synchronization within the system of technical regulations.
3. Compliance with professional requirements, procedures, and processes for development of technical regulations.
4. Feasibility and reasonableness, without creating unnecessary technical barriers to trade (TBT) to production, business, and commerce.”
12. Amendments to Clause 2 Article 34 are as follows:
“2. In cases where technical regulations are promulgated under fast-track procedures, or in urgent cases related to health, safety, or the environment, the entry into force of technical regulations may be earlier as decided by the promulgating authority of such technical regulations.”.
13. Amendments to Article 35 are as follows:
“Article 35. Review, amendment, supplementation, replacement, and repeal of technical regulations
1. Amendment, supplementation, replacement, or repeal of technical regulations shall be carried out based on results of review of technical regulations or proposals from ministries, ministerial agencies, Governmental agencies, organizations, or individuals.
2. The Government shall issue documents on elaboration of the review, evaluation of effectiveness of application of technical regulations, and the procedures for amendment, supplementation, replacement, and repeal of technical regulations.”.
14. Amendments to Article 37 are as follows:
“Article 37. Responsibilities for application of technical regulations
1. Organizations and individuals shall be responsible for applying relevant technical regulations; declaring products, goods, services, processes, environments, and other socio-economic subjects in conformity with corresponding technical regulations and ensuring that such products, goods, services, processes, environments, and other socio-economic subjects conform to the declared technical regulations.
2. During application of technical regulations, organizations and individuals shall promptly report or petition the promulgating authority of technical regulations on difficulties or inconsistencies for consideration and settlement.
The promulgating authority of technical regulations shall provide written responses within 30 days from the date of receipt of opinions or petitions from organizations and individuals.
3. Temporary suspension of validity of technical regulations shall be carried out in accordance with the law on promulgation of legal normative documents.
15. Amendments to Article 39 are as follows:
“Article 39. Funding sources for development of technical regulations
1. Funding sources for development of technical regulations shall include:
a) State budget allocated under the annual state budget estimates approved by competent authorities and adjusted in accordance with the law on state budget;
b) Voluntary contributions from domestic organizations and individuals, foreign organizations and individuals;
c) Other sources as prescribed by law.
2. The Government shall regulate the management and use of funding for development of technical regulations; and technical-economic norms for development of technical regulations.”.
16. Amendments to Articles 40 and 41 are as follows:
“Article 40. Fundamental requirements for conformity assessment
1. Standards and technical regulations used for conformity assessment must stipulate specific technical characteristics and management requirements that can be evaluated using existing methods and means in Vietnam or abroad.
2. Information on procedures for conformity assessment shall be publicly and transparently provided to relevant parties.
3. Information, data, and results of conformity assessment of organizations and individuals subject to conformity assessment shall be kept confidential, except where requested by competent regulatory agencies in accordance with law.
4. No discrimination shall be made against organizations, individuals engaged in production and business, or the origin of products, goods, services, processes, environments, and other socio-economic objects.
5. Procedures for conformity assessment must be harmonized with provisions of relevant international organizations.
Article 41. Forms of conformity assessment
1. Conformity assessment with standards and technical regulations shall be carried out by conformity assessment bodies or by organizations and individuals through self-declaration of conformity.
2. Conformity assessment with standards shall be conducted voluntarily at the request of organizations and individuals.
3. Conformity assessment with technical regulations shall be conducted mandatorily as required by state management.”.
17. Amendments to Articles 44 and 45 are as follows:
“Article 44. Certification of conformity with standards
1. Certification of conformity with standards shall be conducted on the basis of an agreement between organizations and individuals requesting certification and the certification body specified at Point dd, Clause 1, Article 53 of this Law.
2. Standards used for certification of conformity with standards include national standards, international standards, regional standards, foreign standards, and sectoral standards of associations and professional organizations operating nationwide, provided they meet the requirements stipulated in Clause 1, Article 40 of this Law.
3. The Government shall elaborate this Article.
Article 45. Declaration of conformity with standards
1. Organizations and individuals shall declare products, goods, services, processes, environments, and other socio-economic objects as conforming with corresponding standards based on results of certification of conformity with standards by certification bodies or results of their own conformity assessment.
2. Organizations and individuals shall declare conformity with standards through the National Database on Standards, Metrology, and Quality, with the following specific information: names of products, goods, services, processes, environments, and other socio-economic objects; names and reference numbers of corresponding standards; names and addresses of organizations and individuals responsible for such products, goods, services, processes, environments, and other socio-economic objects; and relevant technical documents attached.
3. The mark of conformity with standards is the symbol certifying that products and goods conform to corresponding standards. The mark of conformity with standards shall be granted to products and goods after they are certified as conforming with standards.”.
18. Add clause 5 after clause 4 of Article 47 as follows:
“5. The Minister of Science and Technology shall stipulate methods for certification of conformity with technical regulations.”.
19. Amendments to Article 48 are as follows:
“Article 48. Declaration of conformity with technical regulations
1. Organizations and individuals engaged in production and business that are subject to application of technical regulations shall be responsible for declaring conformity with technical regulations for their products, goods, services, processes, environments, and other socio-economic objects, based on one of the following results:
a) Results of certification of conformity with technical regulations issued by designated certification bodies in accordance with law;
b) Results of certification of conformity with technical regulations issued by accredited certification bodies in accordance with law;
c) Results of self-assessment of organizations and individuals based on testing results of accredited or designated testing bodies in accordance with law;
d) Results of conformity assessment recognized in accordance with Article 57 of this Law.
2. Exemption from declaration of conformity with technical regulations as prescribed in Clause 1 of this Article shall apply to products and goods that fully meet quality management requirements under other laws, equivalent to the technical requirements of national technical regulations.
3. Organizations and individuals shall register their declaration of conformity with technical regulations through the National Database on Standards, Metrology, and Quality, with the following specific information: names of products, goods, services, processes, environments, and other socio-economic objects; names and reference numbers of corresponding technical regulations; names and addresses of organizations and individuals responsible for such products, goods, services, processes, environments, and other socio-economic objects; and relevant technical documents attached.
4. The mark of conformity with technical regulations is the symbol certifying that products and goods conform to corresponding technical regulations. The mark of conformity with technical regulations shall be granted to products and goods after they are certified and declared as conforming with technical regulations.”.
20. Amendments to Articles 50, 51, and 52 are as follows:
“Article 50. Conformity assessment bodies
1. Public sector entities.
2. Science and technology organizations.
3. Economic organizations and socio-professional organizations.
4. Foreign conformity assessment bodies established and operating in Vietnam.
Article 51. Conditions for operation of conformity assessment bodies
1. Conformity assessment bodies must satisfy the following conditions:
a) Have organizational structure, competence, expertise, and facilities, equipment that meet the requirements of national standards and international standards for conformity assessment bodies;
b) Establish and maintain a management system in compliance with national standards and international standards;
c) Register their conformity assessment activities through the National Database on Standards, Metrology, and Quality;
d) Satisfy other conditions applicable to conditional investment and business sectors in accordance with relevant laws.
2. The Government shall elaborate this Article.
Article 52. Rights and obligations of conformity assessment bodies
1. Rights of conformity assessment bodies include:
a) Conduct conformity assessment activities on the basis of requests and agreements with organizations and individuals in fields registered for operation or as designated by competent regulatory agencies;
b) Receive payment of fees under agreement with organizations and individuals requesting conformity assessment or as required by competent regulatory agencies;
c) Grant, re-grant, extend, narrow, suspend, or revoke certificates of conformity, rights to use the mark of conformity with standards, and the mark of conformity with technical regulations previously granted to assessed objects;
d) Refuse to provide information, data, and results of conformity assessment to third parties, except where requested by competent regulatory agencies in accordance with law;
dd) Have results of conformity assessment recognized by competent regulatory agencies in accordance with law;
e) Other rights in accordance with relevant laws.
2. Obligations of conformity assessment bodies include:
a) Satisfy the conditions prescribed in Article 51 of this Law;
b) Provide results of conformity assessment to the assessed objects;
c) Not refuse to provide services without legitimate reasons;
d) Keep confidential information, data, and results of conformity assessment of assessed organizations and individuals, except where requested by competent regulatory agencies in accordance with law;
dd) Ensure publicity, transparency, independence, objectivity, accuracy, and non-discrimination with respect to the origin of goods and organizations, individuals engaged in activities relating to standards and technical regulations;
e) Comply with procedures for conformity assessment in accordance with laws on standards and technical regulations;
g) Publicly announce in mass media the granting, re-granting, extension, narrowing, suspension, or revocation of certificates of conformity and rights to use the mark of conformity with standards and the mark of conformity with technical regulations;
h) Be subject to inspection and examination by competent regulatory agencies regarding conformity assessment activities;
i) Bear legal responsibility for conformity assessment results;
k) Compensate for damages arising for organizations and individuals requesting conformity assessment in accordance with civil law in cases of incorrect results of conformity assessment;
l) Fulfill other obligations in accordance with relevant laws.”.
21. Amendments to Clause 1 Article 53 are as follows:
“1. Accreditation activities shall be carried out for the following conformity assessment bodies:
a) Testing bodies;
b) Inspection bodies;
c) Bodies for validation of use value;
d) Verification bodies;
dd) Certification bodies;
e) Other conformity assessment bodies as prescribed by law.”.
22. Amendments to Article 57 are as follows:
“Article 57. Mutual recognition agreements and unilateral recognition of conformity assessment results
1. Mutual recognition agreements include: Vietnam and other countries or territories mutually recognizing conformity assessment results under international treaties to which the Socialist Republic of Vietnam is a party; conformity assessment bodies of Vietnam and conformity assessment bodies of other countries or territories mutually recognizing conformity assessment results on the basis of agreements between the parties.
Ministries and ministerial agencies shall take the lead and coordinate with the Ministry of Science and Technology in organizing the implementation of mutual recognition agreements.
2. Unilateral recognition of conformity assessment results shall be prescribed as follows:
a) Ministries, ministerial agencies, and the Minister of National Defense shall consider and decide on the unilateral recognition of conformity assessment results of international conformity assessment bodies or foreign conformity assessment bodies for the purpose of state management;
b) The conformity assessment results prescribed at Point a of this Clause must be conducted by international or foreign conformity assessment bodies accredited by one of the accreditation bodies being members that are signatories to the Mutual Recognition Arrangements of the International Laboratory Accreditation Cooperation (ILAC), International Accreditation Forum (IAF), or Asia Pacific Accreditation Cooperation (APAC), evaluated and accredited for competence in meeting relevant international standards and national standards;
Based on practical requirements of sectoral management, ministries, ministerial agencies, and the Minister of National Defense may consider and decide on the unilateral recognition of conformity assessment results of conformity assessment bodies beyond those prescribed in this Clause.
3. The Government shall elaborate this Article.”.
23. Replacement and annulment of certain words and phrases as follows:
a) Replace the word “draft” with the phrase “Draft dossier” in Clauses 1 and 2 of Article 11, and in the title of Article 18;
b) Replace the word “certification” with the word “assessment” in the title of Section 4, Chapter IV;
c) Replace the word “cancellation” with the word “annulment” in Point a Clause 1 of Article 36;
d) Replace the phrase “scientific non-business entities” with the phrase “science and technology organizations” in Clause 1 of Article 54;
dd) Replace the phrase “Point c Clause 1 Article 53” with the phrase “Point dd Clause 1 Article 53” in Point c Clause 1 and Point d Clause 2 of Article 56; replace the phrase “Article 42” in Clause 2 of Article 47 with the phrase “Clause 1 Article 40”;
e) Remove the word “calibration,” in Point a Clause 1 Article 56;
g) Replace the phrase “People’s Committees of provinces and centrally-affiliated cities” with the phrase “People’s Committees of provinces and cities” in Clause 3 of Article 34 and Clause 3 of Article 47.
24. Annul Articles 13, 15, 22, 23, 24, 30, 31, 38, 42, 43, 69 and Chapter VI.
This Law shall come into force on January 1, 2026.
Article 3. Transitional provisions
In cases where standards or technical regulations have been developed and appraised but have not yet been published or promulgated by the effective date of this Law, their development shall continue to be carried out in accordance with the Law on Standards and Technical Regulations No. 68/2006/QH11, as amended by Law No. 35/2018/QH14.
This Law was adopted by the National Assembly of the Socialist Republic of Viet Nam, Legislature XV, at its 9th Session, on 14 June 2025.
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PRESIDENT OF THE NATIONAL ASSEMBLY Tran Thanh Man |
