Regulations on the recognition of foreign conformity assessment results under the amended 2025 Law on Standards and Technical Regulations

This Decree consists of 7 chapters and 71 articles, detailing certain provisions of the Law on Standards and Technical Regulations No. 68/2006/QH11, as amended and supplemented by Law No. 35/2018/QH14 and Law No. 70/2025/QH15 (hereinafter referred to as the Law), and measures for organizing and guiding the implementation of the Law. Notably, it includes regulations on the recognition of foreign conformity assessment results.

This is one of the four important legal bases stipulated in Article 48 of the Law for enterprises to declare the conformity of elevators.

According to Clause 1, Article 57 of the Law, the recognition of conformity assessment results from foreign conformity assessment bodies shall include two cases: (1) Mutual Recognition; or (2) Unilateral Recognition.

Mutual Recognition Agreements for Conformity Assessment Results

Regarding mutual recognition agreements, Clause 1, Article 40 of the Decree stipulates that mutual recognition of conformity assessment results between countries and territories includes: conformity certification results; test results; inspection results.

Concerning the implementation of mutual recognition agreements between Vietnam and other countries (national level), Clause 2, Article 40 of the Decree stipulates: The line ministry shall assume the prime responsibility and coordinate with the Ministry of Science and Technology and relevant ministries and ministerial-level agencies in organizing the implementation of mutual recognition agreements between Vietnam and other countries or territories regarding conformity assessment results, in accordance with the law on the signing and implementation of international treaties to which the Socialist Republic of Vietnam is a party.

Concerning the implementation of mutual recognition agreements between Vietnamese conformity assessment bodies and foreign conformity assessment bodies (organizational level), Clause 3, Article 40 of the Decree stipulates: The Ministry of Science and Technology, in coordination with the Ministry of Foreign Affairs, shall guide the signing and implementation of mutual recognition agreements on conformity assessment results between Vietnamese conformity assessment bodies and conformity assessment bodies of other countries, territories, and international or regional organizations.

Thus, mutual recognition is implemented at both levels: the national level through recognition agreements between the Government of Vietnam and other countries or territories, and the organizational level through agreements between Vietnamese and foreign conformity assessment bodies under the guidance of competent authorities.

Unilateral Recognition of Conformity Assessment Results

Regarding unilateral recognition, Clause 1, Article 41 of the Decree stipulates: The unilateral recognition of conformity assessment results from foreign conformity assessment bodies shall be implemented based on the principles of ensuring objectivity, transparency, non-discrimination, and not creating unnecessary technical barriers to international trade, in accordance with international treaties to which Vietnam is a party.

The Decree also clearly stipulates that in fields where domestic testing, certification, and inspection capacity is still limited and does not meet international requirements and standards, priority shall be given to the unilateral recognition of conformity assessment results from bodies accredited by accreditation bodies that are signatories to Mutual Recognition Agreements/Arrangements (MRAs/MLAs) of international/regional accreditation cooperations or accreditation bodies recognized under the MRAs/MLAs in which Vietnam participates.

Specifically, the international/regional accreditation cooperations include: International Laboratory Accreditation Cooperation (ILAC), International Accreditation Forum (IAF), Asia Pacific Accreditation Cooperation (APAC).

Regarding the implementation of unilateral recognition, Clause 3, Article 41 of the Decree stipulates: The line ministry shall consider and decide on the unilateral recognition of conformity assessment results based on its own sectoral regulations regarding the competency profile, independence, and objectivity of the foreign conformity assessment body, and the degree of conformity with relevant national standards, international standards, and national technical regulations.

Regarding implementation monitoring, Clause 4, Article 41 of the Decree stipulates: The line ministry is responsible for monitoring the implementation of unilateral recognition of conformity assessment results periodically or unexpectedly to ensure the maintenance of technical competency requirements and the suitability of the unilaterally recognized conformity assessment results.

It can be seen that unilateral recognition is a mechanism to increase flexibility in state management while creating conditions for enterprises to use international conformity assessment results in fields where domestic capacity is still limited. However, this recognition must be implemented based on the consideration and decision of the line ministry and is subject to close monitoring during application.

Detailed regulations on the signing and implementation of agreements on mutual recognition and unilateral recognition of conformity assessment results shall be developed and issued by the Ministry of Science and Technology in a guiding Circular.

Elevator Magazine will continue to inform our readers about the detailed guiding Circular once it is issued.