CIRCULAR

Guidelines for the signing and implementation of agreements and mutual recognition arrangements on conformity assessment results

- Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006;

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- Pursuant to the Law on Signing, Joining and Implementing International Treaties dated June 14, 2005;

- Pursuant to the Ordinance on Signing and Implementing International Agreements dated April 20, 2007;

- Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

- Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Technical Standards and Regulations;

The Ministry of Science and Technology hereby guides the signing and implementation of agreements and mutual recognition arrangements on conformity assessment results as follows:

I. GENERAL PROVISIONS

This Circular provides guidance on the signing and implementation of:

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

1. Mutual recognition agreements on conformity assessment results (hereinafter referred to as mutual recognition agreements) between Vietnam and one or more countries, territories, based on the legal provisions on the signing and implementation of international treaties.

2. Mutual recognition arrangements on conformity assessment results between conformity assessment organizations in Vietnam and those of countries, territories, international and regional organizations (hereinafter referred to as mutual recognition arrangements) based on the legal provisions on the signing and implementation of international agreements.

3. 1. "Conformity assessment organization" means an organization conducting conformity assessment activities.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to:

3. 2. "Conformity assessment result" means the outcome of certification, testing, calibration, inspection activities.

II. SIGNING AND IMPLEMENTATION OF MUTUAL RECOGNITION AGREEMENTS

In this technical regulation, the following terms are understood as follows:

In this Circular, the following terms are understood as follows:

1. Signing

1. 1. Proposal for signing

Ministries, ministerial-level agencies, and government agencies, based on their assigned tasks and powers according to their respective sectors and fields under management, and taking into account economic and social development requirements and international integration, shall take the lead and coordinate with the Ministry of Science and Technology and the Ministry of Foreign Affairs to propose to the Government the signing of mutual recognition agreements.

1. 2. Preparation and execution of signing

The ministry or agency proposing the mutual recognition agreement (hereinafter referred to as the proposing agency) shall be responsible for:

1. 2.1. Determining the need for signing and the capacity to implement the mutual recognition agreement based on the following criteria:

1. 2.1.1. Level and scale of product, goods, and service exchange;

1. 2.1.2. Existence of technical barriers hindering trade;

1. 2.1.3. Material and technical conditions to ensure implementation;

1. 2.1.4. National interests when signing and implementing;

1. 2.1.5. Other relevant criteria.

1. 2.2. Drafting or coordinating in drafting the mutual recognition agreement

The proposing agency shall take the lead and coordinate with relevant agencies and organizations to draft the mutual recognition agreement. In cases where the foreign counterpart has already prepared a draft agreement, the proposing agency shall be responsible for studying the draft, formulating acceptance, amendment, supplementation plans, or drafting a Vietnamese version, and organizing the collection of opinions from relevant agencies and organizations.

1. 2.3. Signing the mutual recognition agreement

The signing of the mutual recognition agreement shall be carried out in accordance with the legal provisions on the signing, joining, and implementation of international treaties. The proposing agency shall notify the foreign counterpart about the approval of the mutual recognition agreement by the Vietnamese Government.

2. Implementation

2. 1. Determination of Vietnam's commitments

The proposing agency shall determine the contents and scope of Vietnam's commitments for implementation and guide relevant agencies and organizations to implement specific provisions of the agreement.

2. 2. Selection and designation of conformity assessment organizations

In cases where the mutual recognition agreement requires the selection and designation of conformity assessment organizations, the proposing agency shall undertake the following tasks:

2. 2.1. Request domestic agencies and organizations to provide lists and information on the capabilities of conformity assessment organizations within their jurisdiction that meet the requirements of the mutual recognition agreement;

2. 2.2. Compile lists and information on the capabilities of domestic conformity assessment organizations within the scope regulated by the mutual recognition agreement;

2. 2.3. Conduct the selection and designation of domestic conformity assessment organizations meeting the conditions to participate in conformity assessment activities under the mutual recognition agreement. Designation must comply with the provisions of the mutual recognition agreement;

2. 2.4. Notify the foreign party of the list and capabilities of the conformity assessment organizations selected by Vietnam in accordance with the provisions of the mutual recognition agreement;

2. 2.5. Accept and review the capabilities of conformity assessment organizations provided by the foreign party within the framework of the mutual recognition agreement;

2. 2.6. Notify the foreign party of the acceptance or non-acceptance of specific conformity assessment organizations participating in conformity assessment activities under the mutual recognition agreement.

2. 3. Development of an implementation plan for the mutual recognition agreement

To organize the implementation of the mutual recognition agreement, the proposing agency needs to carry out the following tasks:

2. 3.1. Organize the development of an implementation plan for the mutual recognition agreement including the following main contents:

2. 3.1.1. Tasks to be performed;

2. 3.1.5. Other contents as prescribed by the Recognition Agreement.

2. 3.2. Establish a Working Group to coordinate the activities of relevant agencies, organizations, and individuals to effectively implement the contents of the plan for implementing the Recognition Agreement. The tasks of the Working Group shall be defined by the agency proposing the Recognition Agreement.

2. 3.3. Notify the plan for implementing the Recognition Agreement to relevant domestic agencies, organizations, and individuals to cooperate in preparation and implementation.

2. 3.4. Notify the plan for implementing the Recognition Agreement along with a copy of the Recognition Agreement to the Ministry of Science and Technology for unified management.

3. Responsibility for implementation

3. 1. The agency proposing the Recognition Agreement is responsible for taking the lead and coordinating with ministries, ministerial-level agencies, government agencies, and other relevant agencies in the implementation of the Recognition Agreement.

3. 2. Relevant agencies, organizations, and individuals are responsible for performing specific tasks and duties assigned in the plan for implementing the Recognition Agreement.

3. 3. The agency proposing the Recognition Agreement shall monitor and supervise relevant agencies, organizations, and individuals participating in the implementation of specific tasks and duties within the framework of the plan for implementing the Recognition Agreement.

III. SIGNING AND IMPLEMENTATION OF THE RECOGNITION AGREEMENT

1. Accreditation organizations in Vietnam, based on their functions, responsibilities, and authorities granted according to their field of accreditation activities, economic and social development needs, international integration in trade, and their own capacity, are permitted to sign Recognition Agreements with accreditation organizations of foreign countries and territories in accordance with current relevant laws.

2. When negotiating and signing Recognition Agreements, accreditation organizations must ensure the benefits of participation in the Recognition Agreement for themselves, for related agencies and individuals in Vietnam, and for national interests.

3. Accreditation organizations in Vietnam shall notify in writing, accompanied by a copy of the signed Recognition Agreement, to the direct supervising agency (if any), the National Standardization, Metrology and Quality Control Agency, and relevant ministries and sectors regarding the signing of the Recognition Agreement.

4. Accreditation organizations in Vietnam shall bear full responsibility for the implementation of the signed Recognition Agreement.

IV. IMPLEMENTATION PROVISIONS

1. The Ministry of Science and Technology shall instruct the National Standardization, Metrology and Quality Control Agency to oversee, compile, and unify the management of the implementation of Recognition Agreements that Vietnam has signed and Recognition Agreements that accreditation organizations in Vietnam have signed.

2. Annually and at any time upon request, the agency proposing the Recognition Agreement shall report to the Government on the implementation of mutual Recognition Agreements and the results of conformity assessment, and notify the Ministry of Science and Technology (through the National Standardization, Metrology and Quality Control Agency) for monitoring and compiling.

3. Annually and at any time upon request, accreditation organizations in Vietnam that have signed and joined Recognition Agreements shall report to their direct supervising agencies and notify the National Standardization, Metrology and Quality Control Agency on the implementation of relevant Recognition Agreements.

4. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. During its implementation, if there are any difficulties, agencies, organizations, and individuals shall promptly reflect them to the Ministry of Science and Technology for research and amendment.