Vietnam: New product compliance, standardization and international trade regulations

 

Vietnam has published a number of new product compliance, technical regulations and international trade regulations. These are:

1. Draft Decree on detailing a number of articles and measures to organize and guide the implementation of the Law on Foreign Trade Management, replacing Decree No.69/2018/ND-CP issued on 15 May 2018
2. Draft Circular regulating the signing and implementation of Agreements on mutual recognition, unilateral recognition of conformity assessment results
3. Draft Circular regulating the development, appraisal and promulgation of technical regulations
4. Draft Circular regulating the development and application of standards
5. Draft Circular regulating the declaration of conformity and methods of assessing conformity with standards and technical regulations

 

Le first one details certain provisions and measures for organizing and guiding the implementation of the Law on Foreign Trade Management regarding:

(i) international trade activities including export, import; temporary import, re-export; temporary export and re-import; transshipment; transit; and other activities related to international trade in goods as prescribed by law and international treaties to which The Socialist Republic of Viet Nam is a Party,

(ii) Management of export and import activities, including:

The right to conduct export and import business freely by Vietnamese traders, except for goods subject to prohibition, temporary suspension, or conditional trading;

The implementation of export and import rights by foreign-invested business organizations in accordance with Viet Nam’s international commitments and the lists announced by the Ministry of Industry and Trade;

Detailed regulations on:

• Export and import procedures;
• Lists of goods prohibited, temporarily suspended, or subject to conditional export or import;
• Special licensing mechanisms;
• Certificates of Free Sale (CFS) for exported and imported goods.

(iii) dispute settlement mechanisms concerning the application of measures for foreign trade management.

This draft Decree applies to state management agencies involved in foreign trade administration, as well as enterprises, organizations, and individuals engaged in foreign trade activities and other related operations.

 

The second one refers to the signing and implementation of Agreements on mutual recognition, unilateral recognition of conformity assessment results, including:

1. Agreements on mutual recognition of conformity assessment results (hereinafter referred to as Recognition Agreements) between Vietnam and one or more countries or territories on the basis of the provisions of law on signing and implementing international treaties.
2. Agreements on mutual recognition and unilateral recognition of conformity assessment results between Vietnamese conformity assessment organizations and international, regional, national or territorial conformity assessment organizations are signed and implemented on the basis of Vietnamese law, international treaties to which Vietnam is a member, and international practices.

This Circular applies to:

1. Competent state agencies and conformity assessment organizations of Vietnam related to the signing and implementation of mutual recognition and unilateral recognition agreements.
2. Competent state agencies and conformity assessment organizations of Vietnam related to the signing and implementation of mutual recognition and unilateral recognition agreements.

 

The third one provides comprehensive guidance on procedures and requirements for planning, developing, appraising and issuing, revising, replacing, and abolishing national and local technical regulations under the Law on Standards and Technical Regulations.

This draft Circular applies to state agencies, organizations and individuals involved in the process of developing and developing technical regulations.

 

The fourth one regulates the development and application of standards provides for the preparation, approval of plans, development, appraisal and promulgation of national standards (TCVN); application of national standards, international standards, regional standards and foreign standards; development and promulgation of basic standards (TCCS).

This draft Circular applies to state agencies, organizations and individuals involved in the process of planning, developing, appraising and promulgating national standards; applying national standards, international standards, regional standards and foreign standards; developing and promulgating basic standards in Vietnam

 

The fifth one provides for declaration of conformity and methods for conformity assessment with standards and technical regulations.

This draft Circular applies to organizations, individuals and management agencies involved in conformity assessment, conformity declaration and conformity announcement activities

 

To find out more about product compliance in Vietnam, do not hesitate to contact the Product Compliance Institute.