Circular No. 42/2025/TT-BKHCN on the application of technical standards and regulations for data centers

CIRCULAR

Regulations on the Application of Technical Standards and Norms for Data Centers

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006 and the Law Amending and Supplementing Certain Provisions of the Law on Standards and Technical Regulations dated June 14, 2025;

Pursuant to the Law on Product Quality dated November 21, 2007 and the Law Amending and Supplementing Certain Provisions of the Law on Product Quality dated June 18, 2025;

Pursuant to the Law on Telecommunications dated November 24, 2023;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to Decree No. 163/2024/NĐ-CP dated December 24, 2024 of the Government detailing certain provisions and implementing mechanisms of the Law on Telecommunications;

Pursuant to Decree No. 55/2025/NĐ-CP dated March 2, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director of the Telecommunications Department;

The Minister of Science and Technology issues this Circular on the application of technical standards and norms for data centers.

Article 1. Scope of Regulation

This Circular stipulates the application of technical standards and norms for data centers during the design, construction, and operation and exploitation phases in Vietnam.

Article 2. Applicability

1. This Circular applies to state agencies investing in the construction of data centers using state budget funds (hereinafter referred to as agencies) and businesses investing, designing, constructing, operating, and exploiting data centers to provide data center services (hereinafter referred to as businesses), as well as organizations and agencies evaluating, certifying, and relevant state management agencies.

2. This Circular does not apply to businesses investing, designing, constructing, operating, and exploiting small edge computing data centers.

Article 3. Explanation of Terms

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

1. A data center is a construction project including technical infrastructure (telecommunication stations, cable systems) and computer systems along with auxiliary equipment installed therein for centralized storage, exchange, and management of data for one or more organizations or individuals.

2. The technical assurance level of a data center is defined as "rating" specified in the national standard TCVN 9250:2021, or "rated" in the standard ANSI/TIA-942-B:2017, or the standard ANSI/TIA-942-C:2024, or "tier" in the Tier standard of the Uptime Institute.

3. A small edge computing data center is a small-scale data center within a prefabricated enclosure continuously monitored and located at the edge of the network to support devices and applications, the enclosure being independent and may be in the form of a cabinet or container, placed either outside or inside a building.

Article 4. Technical Standards and Norms Applied

Data centers shall apply the following technical standards and norms:

1. National standard TCVN 9250:2021, or standard ANSI/TIA-942-B:2017, or standard ANSI/TIA-942-C:2024, or the Tier standard of the Uptime Institute;

2. National technical norm on lightning protection for telecommunication stations and peripheral telecommunication cable networks, code QCVN 32:2020/BTTTT;

3. National technical norm on grounding for telecommunication stations, code QCVN 9:2016/BTTTT.

Article 5. Responsibilities of Agencies and Businesses

1. With respect to the standards prescribed in Clause 1 of Article 4, agencies and businesses shall independently assess the conformity of the data center with the selected standards and technical assurance levels; it is encouraged to publish conformity declarations in accordance with the law.

2. With respect to the technical norms prescribed in Clauses 2 and 3 of Article 4 of this Circular, agencies and businesses have the responsibility to:

a) Select measurement units designated by the Ministry of Science and Technology to conduct measurements of the data center in compliance with technical norms;

b) Publish declarations of conformity of the data center with the technical norms based on the measurement results.

3. Agencies and businesses shall publish declarations of conformity of the data center with the technical standards and norms before putting the data center into service for providing data center services; In case there are changes in the data center leading to discrepancies from the published content, within 15 days, agencies and businesses shall submit reports to the Department of Science and Technology.

4. Agencies and businesses have the responsibility to implement technical measures to maintain and ensure the conformity of the data center with the technical standards and norms prescribed in Article 4 of this Circular throughout the operational and exploitation phases of the data center.

Article 6. Responsibilities of Management Authorities

1. The Telecommunications Administration shall be responsible for leading and coordinating with relevant management agencies to implement inspections to ensure compliance with the provisions of this Circular. Inspections shall be conducted on an ad hoc basis when there are customer complaints or when signs of violations are detected.

2. The Departments of Science and Technology shall be responsible for:

a) Receiving and managing the files of announcements regarding conformity with technical standards and regulations submitted by agencies and enterprises;

b) Inspecting data center enterprises to ensure their compliance with technical standards and regulations applicable to data centers within their jurisdiction;

c) Identifying and reporting issues related to the application of technical standards and regulations for data centers; reporting and proposing measures to the Ministry of Science and Technology for local management enforcement.

Article 7. Effective Date

1. This Circular takes effect from February 1, 2026.

2. The following Circulars shall cease to be effective from the date this Circular takes effect:

a) Circular No. 03/2013/TT-BTTTT dated January 22, 2013, issued by the Minister of Information and Communications, stipulating the application of technical standards and regulations for data centers;

b) Circular No. 23/2022/TT-BTTTT dated November 30, 2022, issued by the Minister of Information and Communications, amending and supplementing certain articles of Circular No. 03/2013/TT-BTTTT dated January 22, 2013, issued by the Minister of Information and Communications, stipulating the application of technical standards and regulations for data centers.

3. Abolish part of the following legal normative documents:

Abolish Clause 2, Article 2 of Circular No. 23/2024/TT-BTTTT dated December 31, 2024, issued by the Minister of Information and Communications, abolishing some legal normative documents promulgated by the Minister of Information and Communications or jointly promulgated.

4. For data centers that have not been approved for design at the time this Circular takes effect, they must comply with the provisions of this Circular.

5. For data centers that have been approved for design before the time this Circular takes effect, enterprises shall review and assess the implementation of the provisions of this Circular.

Prior to putting the data center into operation, the enterprise shall self-assess and report to the Department of Science and Technology on the conformity of the data center with the technical standards and regulations stipulated in this Circular; simultaneously, publicly disclose information about the results of the self-assessment of conformity of the data center on the enterprise's website.

6. For data centers referred to in paragraph 5 above, it is encouraged for enterprises to apply the technical standards and regulations stipulated in this Circular during the process of modifying, renovating, and upgrading the data center and to announce the conformity of the data center according to the provisions if compliance is achieved.

Article 8. Implementation organization

1. The Director of the Office of the Ministry of Science and Technology, the Director of the Telecommunications Administration, the Departments of Science and Technology of provinces and cities, relevant agencies, enterprises, and related organizations and individuals shall be responsible for implementing this Circular.

2. During the implementation process, if there are difficulties or obstacles, agencies and enterprises shall reflect these issues to the Ministry of Science and Technology for consideration and resolution./.