Quick summary
- Circular No. 16/2026/TT-BKHCN dated 09/4/2026 of the Ministry of Science and Technology details the signing and implementation of mutual recognition agreements and mutual recognition arrangements, and the unilateral recognition of conformity assessment results, in order to implement Decree No. 22/2026/NĐ-CP dated 16/01/2026.
- Scope (Article 1) covers two groups: (i) mutual recognition agreements between Vietnam and a country or territory; (ii) mutual recognition arrangements and unilateral recognition between a conformity assessment body (CAB) of Vietnam and a foreign organization.
- Article 3: “unilateral recognition” means the recognition and acceptance of conformity assessment results of an international/foreign organization without relying on a mutual recognition agreement or arrangement.
- Article 6: a CAB of Vietnam may sign only within the scope of fields in which it is accredited, designated or registered.
- Article 7 distinguishes two signing levels (ministerial level in Article 7.1; technical-body level in Article 7.2). The key point: a mutual recognition arrangement does not replace the designation decision of the competent authority.
- Article 8: unilateral recognition, the central criterion being a valid accreditation certificate linked to the MRA/MLA of GACI or APAC.
- Articles 11–12: entry into force 45 days after the signing date (09/4/2026); Circular 27/2007/TT-BKHCN ceases to have effect; existing arrangements continue to be implemented until 31/12/2027.
1. Background: a circular replacing Circular 27/2007/TT-BKHCN
Circular No. 16/2026/TT-BKHCN dated 09/4/2026 of the Minister of Science and Technology details the signing and implementation of mutual recognition agreements and arrangements and the unilateral recognition of conformity assessment results, in order to implement Decree No. 22/2026/NĐ-CP dated 16/01/2026. Legal basis: the Law on Standards and Technical Regulations No. 68/2006/QH11 (amended and supplemented by Law No. 35/2018/QH14 and Law No. 70/2025/QH15), the Law on Treaties No. 108/2016/QH13, Decree No. 22/2026/NĐ-CP and Decree No. 55/2025/NĐ-CP.
Article 1 divides the scope of regulation into two groups: (i) mutual recognition agreements between Vietnam and one or more countries or territories, on the basis of the law on treaties; (ii) mutual recognition arrangements and unilateral recognition between a CAB of Vietnam and an international, regional or national CAB or a CAB of a country or territory (collectively referred to as a foreign organization).
Article 3 defines: “conformity assessment results” as the results of testing; inspection; validation of use value, verification; certification of conformity with standards; certification of conformity; accreditation and other conformity assessment activities under specialized law. “Unilateral recognition of conformity assessment results” means the recognition and acceptance by an authority or a CAB of Vietnam of the conformity assessment results of an international organization or foreign organization without relying on a mutual recognition agreement or arrangement.
Practitioner’s note: Do not lump “agreements” and “arrangements” together. An agreement (Chapter II) is a State-to-State channel, governed by the law on treaties; an arrangement (Chapter III) is a body-to-body channel, governed by domestic law.
2. Principles and authority to sign a mutual recognition arrangement (Article 6)
Clause 1 of Article 6 requires a mutual recognition arrangement to: comply with the law; conform to the functions, duties and scope of operation of the CAB; ensure objectivity and transparency; improve the effectiveness of conformity assessment activities, facilitate trade and safeguard national interests.
Clause 2 of Article 6 limits the authority: a CAB of Vietnam may sign a mutual recognition arrangement only within the scope of fields in which it is accredited, designated or registered; and it is answerable to the law and to the competent State management authority for fully performing the rights and obligations under the arrangement it has signed.
Practitioner’s note: Before signing, check the accredited/designated scope in the dossier against the exact fields set out in the draft arrangement. Signing beyond scope does not expand capability; it creates obligations for which there is no corresponding resource — and the legal risk falls on the signing body itself.
3. Two levels of signing a mutual recognition arrangement (Article 7)
| Criterion | Ministerial level – ministry, ministerial-level agency or government-attached agency (Article 7.1) | Technical-body level – conformity assessment body (Article 7.2) |
|---|---|---|
| Proposal to sign | Takes the lead and, in coordination with the MOST and the Ministry of Foreign Affairs, submits a proposal to the Government | Based on its own functions, duties, integration needs and capacity |
| Criteria for determining the need | The level and scale of exchange of products/goods/services; the existence of technical barriers; technical and physical infrastructure conditions; national interests; other criteria | Ensures the interests of the body itself, of the relevant Vietnamese authorities and individuals, and the national interest |
| Handling the counterpart’s draft | Studies and prepares options to accept/amend/supplement it, or prepares Vietnam’s own draft, and consults the relevant authorities and organizations | Signs in accordance with the applicable provisions of relevant current law |
| Constraints when signing | Must comply with the law on treaties | Ensures three levels of interest (the body – the relevant individuals – the nation) |
| Obligations after signing | Notifies the counterpart that the competent level has signed or approved it | Gives written notification, enclosing a copy of the arrangement, to the National Commission for Standards, Metrology and Quality, the direct managing authority and the relevant ministries and sectors |
| Use of another party’s results | In accordance with the State-level agreement | May use results provided by another body under a mutual recognition arrangement, but must review and assess their completeness and suitability and is responsible for its own conclusions |
| Legal responsibility | The State authority, as assigned | Solely responsible before the law and the State management authority |
Two points at the technical-body level: Article 7.2.b permits the use of conformity assessment results provided by another body under a mutual recognition arrangement, provided that it reviews and assesses their completeness and suitability and is itself responsible for its conclusions; Article 7.2.c requires written notification, enclosing a copy of the signed arrangement, to the National Commission for Standards, Metrology and Quality, the direct managing authority (if any) and the relevant ministries and sectors.
Verbatim text of point b, Clause 2, Article 7: “A mutual recognition arrangement of conformity assessment bodies does not replace the designation decision of the competent authority.”
Practitioner’s note: Having an MRA/MLA with a foreign counterpart does not mean that the body may operate in Vietnam. For goods subject to mandatory control (managed by technical regulations), the body must still hold a designation/certification decision from the competent Vietnamese authority.
4. Unilateral recognition of conformity assessment results (Article 8)
Unilateral recognition is a channel through which the Vietnamese side proactively recognizes the conformity assessment results of an international or foreign organization, without the need for a reciprocal arrangement.
Clause 1 of Article 8 assigns the ministry or ministerial-level agency managing the sector or field to consider and decide on the unilateral recognition of the conformity assessment results of an international or foreign organization within its assigned scope of State management. Clause 2 of Article 8 sets out three principles: (a) objectivity, transparency and non-discrimination; (b) conformity with Vietnamese law, the treaties to which Vietnam is a party and international practice; (c) assurance of a reliable and equivalent level of technical competence.
Clause 3 of Article 8 sets out four criteria:
| # | Criterion (Clause 3, Article 8) | Practical implication |
|---|---|---|
| a | A valid accreditation certificate and accredited scope, issued by an accreditation body that is a signatory member of an MRA/MLA of an international/regional accreditation cooperation organization (GACI, APAC) or of the corresponding organization in a specialized field | Check the “accreditation record”, not just the name |
| b | The standards and technical regulations applied in conformity assessment activities | Compare the counterpart’s standards with those of Vietnam |
| c | The technical competence, operating experience and reliability of the CAB | Assess on substance, not form |
| d | Other relevant technical factors | Room for sector-specific requirements |
Clause 4 of Article 8 requires the unilateral recognition decision to specify clearly: (a) the CAB recognized; (b) the scope, subject matter and field of application; (c) the standards and technical regulations applied; (d) the term of validity (if any); (e) the responsibilities of the relevant organizations and individuals. The review is conducted under a professional process issued by the Ministry (Clause 5 of Article 8). Clause 6 of Article 8 assigns the Ministry to monitor and supervise, and to consider suspending or revoking the recognition where the body no longer meets the technical competence requirements or shows signs or acts of legal violation.
Practitioner’s note: Unilateral recognition is convenient for conformity dossiers, but it is tied to the condition that technical competence is maintained. If a foreign body loses its accreditation, the recognition decision may be suspended or revoked, dragging down the conformity dossiers that rely on it — the counterpart’s accreditation status should therefore be reviewed periodically.
5. Mutual recognition agreements (Chapter II), entry into force and transitional provisions (Articles 11–12), and a checklist before signing an MRA/MLA
Mutual recognition agreements – brief background. Chapter II (Articles 4–5) follows the State channel: a ministry or ministerial-level agency takes the lead and, in coordination with MOST, proposes that the Government sign an agreement; the criteria for determining the need (Article 4.2.a) include the treaties to which Vietnam is a party, market scale, technical and physical infrastructure conditions, benefits and risks, and technical barriers; the period for consulting on the draft is no more than 30 days (Article 4.2.b). Implementation (Article 4.3): determination of the content and scope of commitments; selection and designation of qualified domestic CABs; assessment of the competence of the bodies provided by the foreign party; notification of acceptance/non-acceptance; an implementation plan (tasks, technical infrastructure, personnel, lead and coordination, timeline, results and objectives); a working group; and a report, with a copy to MOST.
Entry into force and transitional provisions. Article 11.1: the Circular enters into force 45 days after the date of signing. Article 11.2: Circular No. 27/2007/TT-BKHCN dated 31/10/2007 ceases to have effect from the date this Circular enters into force. Article 12: agreements and arrangements signed before the date of issuance continue to be implemented until the end of their term (if any) or until 31/12/2027. Article 10: periodically each year and on an ad hoc basis, a CAB reports to its direct managing authority and notifies the National Commission for Standards, Metrology and Quality; the authority proposing a mutual recognition agreement reports to the Government and notifies MOST. Article 13: difficulties should be reported in writing to MOST.
Checklist before signing an MRA/MLA — for conformity assessment bodies:
1. Within the correct scope of accreditation/designation/registration? (Clause 2, Article 6)
2. Is the accreditation certificate still valid and in the field in which signing is intended? (Article 8.3.a)
3. Is the counterpart within the MRA/MLA of GACI/APAC (or the corresponding organization in a specialized field)?
4. If using the conformity assessment results of another body, have their completeness and suitability been assessed and has responsibility for its own conclusions been determined? (Article 7.2.b)
5. Has it been recognized that the arrangement does not replace the designation decision? (point b, Clause 2, Article 7)
6. Has written notification enclosing a copy of the arrangement been prepared for the National Commission for Standards, Metrology and Quality, the direct managing authority and the relevant ministries and sectors? (Article 7.2.c)
7. Is there a mechanism for periodic annual and ad hoc reporting? (Article 10.2)
8. Have the transitional provisions to 31/12/2027 for existing arrangements been checked? (Article 12)
Practitioner’s note: The three most easily overlooked tasks are all “post-signing” obligations: (1) sending the notification with a copy of the arrangement after signing; (2) maintaining annual reports; (3) reviewing the validity of the counterpart’s accreditation certificate.
6. Further reading in the series on standards, metrology and quality
If you operate a conformity assessment body or prepare conformity dossiers for imported goods, you should also read:
- Designation of conformity assessment bodies under Decree 37/2026/ND-CP: conditions, dossier and procedure – because a mutual recognition arrangement does not replace a designation decision.
- Decree 37/2026/ND-CP: overview of 8 chapters, 99 articles, 7 appendices and 16 forms – the legal framework on product and goods quality that applies in parallel.
- Appendix I of Decree 37/2026/ND-CP: lookup table of 69 groups of goods and mandatory label contents – to know which goods are subject to mandatory certification and declaration of conformity.
- Selling on Shopee, Lazada and TikTok Shop: quality obligations for online sellers – the obligations to disclose certification and labelling when selling online.
Official sources of the text: Circular No. 16/2026/TT-BKHCN dated 09/4/2026, published on the Government Portal — vanban.chinhphu.vn (docid 217734); PDF version: 16-bkhcn.pdf. Businesses and conformity assessment bodies should check the official text when applying it.
Conclusion
Circular No. 16/2026/TT-BKHCN of the Ministry of Science and Technology clearly separates the two channels for recognizing conformity assessment results, and this separation determines the entire approach to preparing dossiers. Mutual recognition agreements (Chapter II) are the State-to-State channel, signed under the law on treaties and proposed by a ministry or ministerial-level agency in coordination with the Ministry of Science and Technology and the Ministry of Foreign Affairs; in implementation, the content and scope of commitments must be determined, qualified domestic conformity assessment bodies must be selected and designated, the competence of the bodies provided by the foreign party must be assessed, and an implementation plan together with a working group must be drawn up. At this level, the period for consulting on the draft is no more than 30 days (Article 4.2.b).
Mutual recognition arrangements (Chapter III) are the body-to-body channel, and this is the part that TIC businesses need to master. A conformity assessment body of Vietnam may sign only within the scope of fields in which it is accredited, designated or registered (Clause 2, Article 6); it must ensure three levels of interest — those of the body itself, of the relevant authorities and individuals, and the national interest (Article 7.2.b) — and is fully answerable to the law for the obligations it has committed to (Article 7.2.d). The key sentence to remember is in point b, Clause 2, Article 7: a mutual recognition arrangement of a conformity assessment body does not replace the designation decision of the competent authority. In other words, having an MRA/MLA with a foreign counterpart still does not mean that the body may provide conformity assessment services for goods subject to mandatory control in Vietnam.
The mechanism of unilateral recognition (Article 8) paves the way for the Vietnamese side to proactively recognize the results of an international or foreign organization without a reciprocal document, but only where the competence dossier meets the four criteria, the core criterion being a valid accreditation certificate linked to the MRA/MLA of GACI or APAC (or the corresponding international or regional organization in a specialized field). A unilateral recognition decision must clearly specify the scope, the standards applied, the term of validity and the responsibilities of the parties, and may be suspended or revoked if the body no longer has sufficient technical competence or shows signs of violation.
As to the timing of application, the Circular enters into force 45 days after the date of signing, replacing Circular No. 27/2007/TT-BKHCN; agreements and arrangements signed earlier continue to be implemented until the end of their term or until 31/12/2027. For bodies that already have existing arrangements, this is a milestone to include in their review and renewal plans. The Circular was signed on 09/4/2026; businesses should check the official text on the Government Portal before applying it.
References
The documents below are the basis of this article; readers should consult the current versions on the Government Portal (vanban.chinhphu.vn) and the Ministry of Science and Technology Portal (most.gov.vn).
- Circular No. 16/2026/TT-BKHCN dated 09/4/2026 of the Minister of Science and Technology detailing the signing and implementation of mutual recognition agreements and arrangements and the unilateral recognition of conformity assessment results (vanban.chinhphu.vn, docid 217734) — Articles 1–3 (scope, subjects, interpretation of terms); Articles 4–5 (signing and implementation of mutual recognition agreements); Article 6 (principles and authority to sign mutual recognition arrangements); Article 7 (signing and implementation of mutual recognition arrangements at ministerial and technical-body level); Article 8 (unilateral recognition of conformity assessment results); Article 10 (reporting responsibilities); Articles 11–12 (entry into force and transitional provisions); Article 13 (implementation responsibilities).
- 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 — Clause 5, Article 3 (definition of a conformity assessment body).
- Law on Treaties No. 108/2016/QH13 — the basis for signing mutual recognition agreements.
- Decree No. 22/2026/NĐ-CP dated 16/01/2026 of the Government detailing the implementation of a number of articles and measures to organize and guide the implementation of the Law on Standards and Technical Regulations — the document that this Circular guides the implementation of.
- Decree No. 55/2025/NĐ-CP dated 02/3/2025 of the Government defining the functions, duties, powers and organizational structure of the Ministry of Science and Technology.
- Circular No. 27/2007/TT-BKHCN dated 31/10/2007 — ceases to have effect from the date Circular No. 16/2026/TT-BKHCN enters into force (Clause 2, Article 11).
- Related articles on ticforall.com: Designation of conformity assessment bodies; Decree 37/2026/ND-CP: overview of 8 chapters, 99 articles, 7 appendices and 16 forms; Appendix I of Decree 37/2026/ND-CP.
Discuss with us
This article is our interpretation intended to disseminate legal knowledge on standards, metrology and quality; it is not a legal normative document. The content is restated in accordance with Circular No. 16/2026/TT-BKHCN dated 09/4/2026 of the Ministry of Science and Technology; the documents cited may be amended, supplemented, replaced or repealed. Application to each specific case also depends on the accredited or designated scope of the conformity assessment body and on the requirements of the sectoral or field authority; before applying it, readers should consult the current versions of the texts on the official portals and consult the competent authority. The content of this article is for reference only and does not replace legal advice.
