Product compliance in Vietnam is governed by a regulatory framework that ensures products meet specified standards for safety, quality, and environmental impact. The Ministry of Science and Technology (MOST) plays a pivotal role in overseeing compliance regulations, with various technical regulations and standards established to govern different product categories.
For many products, compliance often involves obtaining certification or approval, and adherence to Vietnamese National Technical Regulations is crucial. Common regulatory aspects include safety requirements, electromagnetic compatibility (EMC), and adherence to specific standards outlined in circulars and directives issued by relevant authorities.
Vietnam’s standards system is comprised of more than 9,500 national standards, known as TCVN in the Vietnamese language. The national standards body responsible for this system is the Directorate for Standards, Metrology, and Quality (STAMEQ), operating under the Ministry of Science and Technology.
A pivotal moment in Vietnam’s standardization activities occurred with the enactment of the 2006 Law on Standards and Technical Regulations, which brought about a comprehensive reform of the system. This legislation simplified standards and technical regulations into two categories: national standards (TCVNs) and organization’s standards (TCCSs), as well as national technical regulations (QCVNs) and local technical regulations (QCDPs). While adherence to standards is voluntary, compliance with technical regulations is obligatory.
In recent years, a significant portion of national standards has been developed by adopting relevant international and regional standards. This approach aligns with global practices, promoting harmonization and facilitating international trade.
The Law on Goods and Products Quality, adopted by the National Assembly in November 2007 and effective from July 2008, marked another milestone. In accordance with this law, the government issued Decree 132/2008/ ND-CP on December 31, 2008, providing detailed guidelines for the implementation of several articles related to product and goods quality. These legal frameworks play a crucial role in ensuring the quality and safety of products circulating in the Vietnamese market, contributing to consumer protection and overall regulatory coherence.
For manufacturers or importers dealing with specific electrical/electronic household appliances, it is imperative that their products undergo the CR mark certification process, focusing on EMC and safety requirements. Furthermore, registration with the Ministry of Science and Technology (MOST) is mandatory to gain access to the Vietnamese market. Testing must be carried out at a laboratory designated or recognized by the MOST.
To qualify for the CR mark and be eligible for sale in Vietnam, these products must adhere to the specifications outlined in Vietnamese National Technical Regulations QCVN 4:2009/BKHCN + A1:2016 (Safety for household appliances and electric cables), QCVN 9:2012/BKHCN + A1:2018 (EMC for household appliances), and QCVN 19:2019/BKHCN (EMC and Safety for LED lamps). Notably, Vietnamese EMC and Safety standards closely align with international standards, with no modifications.
Suppliers intending to provide controlled goods in the Vietnamese market are required to submit a specified technical file to the Regulatory Authority. The Regulatory Authority conducts a thorough document review, and if no evidence of compliance with the Technical Regulation is found, a request for conformity assessment is issued.
Upon successful certification of controlled goods for conformity with the Technical Regulation, the listed Conformity Assessment Body (CAB) issues a Certificate of Conformity (CoC) containing a Certification Code. The supplier is then guided on preparing the CR Mark according to the latest specifications. Subsequently, the CR Mark (Appendix C) can be affixed to either the registered controlled goods or their packaging.
It’s noteworthy that the CR mark encompasses both electrical safety and EMC requirements, consolidating a comprehensive certification process for household appliances entering the Vietnamese market. This stringent regulatory framework ensures that products meet the necessary safety and quality standards, safeguarding consumers and promoting fair trade practices.
On July 30, 2018, Circular No. 41/2018/TT-BGTVT was issued by the Ministry of Transport, delineating a list of potentially unsafe products falling under the state management purview of the Ministry of Communications and Transportation. This Circular officially came into effect on September 15, 2018.
As per the provisions of Circular No. 41/2018/TT-BGTVT, it is applicable to both domestic and foreign entities, including organizations and individuals involved in the production and business activities, design, construction, and manufacturing of products and goods that are deemed potentially unsafe. These products and goods fall under the state management responsibility of the Ministry of Communications and Transport. Additionally, organizations and individuals engaged in the management and assessment of product and goods quality, especially those that could pose safety risks, are also subject to the state management oversight of the Ministry of Communications and Transport.
Attachment with the Circular No. 41/2018/TT-BGTVT, the Ministry of Transport has issued the list of potentially unsafe products with a total of 194 types. including:
For the above 163 products and goods, if they are imported, they must be certified or declared compatible with the corresponding national standards and technical regulations.
To gain entry into the Vietnamese market as a manufacturer or importer of ‘Information and Communications Technology (ICT)’ products, it is imperative to undergo the ICT testing and approval process while also registering with the Ministry of Information and Communications (MIC). The testing procedure must be conducted either in locally designated laboratories or in laboratories recognized by partner countries, as listed on the MIC Vietnam website. In order to carry the ICT mark and be eligible for sale in Vietnam, products must adhere to the EMC, Safety, and Radio requirements outlined in Vietnamese National Technical Regulations, specifically Circular 04/2023/TT-BTTTT.
Circular 04/2023/TT-BTTTT provides a comprehensive list of various ICT product categories, each with detailed information on applicable standards and HS codes. While many Vietnamese ICT standards align with international standards, it is crucial to note that the MIC dictates the permissible operation frequencies and transmit power levels. The ICT approval process categorizes products into two groups: those requiring certification and ‘Declaration of Conformity,’ and those subject to ‘Declaration of Conformity’ only. Ensuring compliance with these regulations is essential for successful market access and the ability to navigate the intricacies of the Vietnamese ICT landscape.