Declaration of Conformity from the Perspective of Vietnamese Law - Everything You Need to Know

Conformity announcement is a critical process that every business must understand to facilitate the production and importation of products, ensuring compliance with legal regulations and smooth market access. While many businesses regularly conduct conformity announcement procedures, not all have a deep understanding of the details, definitions, and origins necessary to apply these processes to different products managed by various state regulatory agencies. In this article, we will provide a detailed step-by-step guide on how to carry out a conformity announcement, including the required documentation, to help you complete this process effectively and in accordance with general regulations. This guide is designed to be applicable to a wide range of products and goods. Let’s explore the key information needed to ensure your products meet conformity standards and enhance your brand's reputation.

Declaration of Conformity from a legal perspective

The Law on Product and Goods Quality No. 05/2007/QH12 dated November 21, 2007, defines: "Conformity announcement is the act of a producer declaring that their product complies with technical regulations."

However, this law was enacted quite some time ago, and some of its definitions no longer align with the current methods of conformity announcement, which apply to both importers and manufacturers. Therefore, let’s explore additional definitions of conformity announcement found in more recent legal documents while we await the revised Law on Product and Goods Quality set for 2025.

Circular No. 30/2011/TT-BTTTT issued by the Ministry of Information and Communications (Consolidated Version 02/2020/VBHN-BTTTT) defines: "Conformity announcement is the declaration by organizations and individuals to state management agencies and consumers regarding the compliance of products with corresponding technical regulations after carrying out the conformity assessment process."

However, in our view, the above definition is not entirely appropriate, as the measures for conducting conformity announcements for imported products differ significantly from those for domestically produced products. For imported goods, organizations and individuals must still perform conformity announcement procedures even when they import for personal use, in which case the importer is also the consumer. Therefore, ExtendMax redefines conformity announcement as follows:

"Conformity announcement is the act of an organization or individual self-declaring the compliance of their product with the corresponding technical regulations after conducting the conformity assessment process in accordance with the legal procedures."

 

Why is Conformity Declaration procedure necessary?

Conformity announcement is a mandatory activity that manufacturers and importers must carry out in accordance with state regulatory agencies. This process ensures the quality and safety of products and goods, thereby protecting consumer rights.

Conformity announcement also serves as a technical barrier for state management purposes, ensuring that products and services align with the long-term national vision. It protects domestic manufacturers and creates a fair market for both consumers and businesses.

Additionally, conformity announcement is a measure to affirm product and service quality, enhancing the reputation of manufacturers and importers.

Entities required to perform Conformity Announcement

Entities Subject to Conformity Announcement: Products and goods that may pose safety risks (Group 2 goods) fall under the management list issued by the competent Ministries in the form of legal documents, or services that fall within the scope of the National Technical Regulations.

Entities Required to Perform Conformity Declartion: Organizations and individuals that manufacture or import Group 2 products and goods, as well as service providers offering services within the scope of the National Technical Regulations.

List of products Ssubject to Conformity Announcement

The list of products and goods subject to conformity announcement is the list of products and goods that may pose safety risks (also known as the Group 2 goods list). This list is issued by the competent Ministries in the form of official documents, accompanied by HS codes and product descriptions. The general principle for applying the Group 2 goods list is that a product is only subject to conformity announcement if it matches both the description and the HS code specified in the list. Below are the categories of Group 2 products and goods in Vietnam:

Methods of conformity announcement

Decree No. 74/2018/ND-CP of the Government provides detailed regulations on the methods of conformity announcement as follows:

"Conformity announcement is specified in detail in the corresponding national technical regulations using one of the following methods:

a) Results of self-assessment of conformity by the organization or individual;

b) Results of certification or inspection by registered or recognized certification or inspection bodies according to legal regulations;

c) Results of certification or inspection by designated certification or inspection bodies according to legal regulations."

However, it is important to note that the legal system is not yet fully consistent, and only a few national technical regulations provide detailed methods of conformity announcement within their content. Therefore, it is necessary to refer to the guiding Circulars on conformity announcement methods issued by the respective specialized management ministries.

Procedures for conformity announcement

Procedures for domestically produced goods

Step 1. Identify applicable conformity standards

Identify the standards and technical regulations applicable to the product or service as specified in detail in the Group 2 goods list.

Step 2. Product testing

The product must be tested at designated or recognized laboratories, or those acknowledged by the competent authority. The test results will determine whether the product complies with the technical regulations.

Step 3. Conformity assessment

According to Article 3 of the Law on Standards and Technical Regulations 2006: Conformity assessment is the determination that the subject of activities in the field of standards and technical regulations conforms to the technical characteristics and management requirements specified in the corresponding standards and technical regulations.

Depending on the specific product and the relevant regulations of the specialized management authority, businesses can either self-assess the conformity of their product or service (self-declaration of conformity) or are required to perform conformity assessment (conformity certification) by a conformity certification body designated or recognized by the state management agency.

>>> You need to know: Everything about Conformity Certification and Methods

Step 4. Submit the conformity announcement dossier

The conformity announcement dossier typically includes:

• The conformity announcement form (as per the prescribed template).
• Certificate of Conformity (if available).
• Self-assessment of conformity (if available).
• Product testing results.
• Other related documents (e.g., technical specifications describing the product).

After preparing the conformity announcement dossier, the manufacturer or individual submits it to the competent specialized state management authority either through the online system or directly. State management authorities for conformity announcement include the Department of Standards, Metrology, and Quality (for household products), the Authority of Telecommunications (for IT goods), the Department of Industry and Trade, etc.

Step 5. Receive the notice of receipt for the conformity announcement

The specialized management authority will review the dossier for completeness and validity. If the dossier is valid, they will issue a document confirming the receipt of the conformity announcement. The processing time for issuing the notice of receipt for the conformity announcement typically ranges from 5 to 10 working days.

Step 6. Affix the conformity mark and market the product

After receiving the notice of conformity announcement, the business will declare the product's conformity by affixing the conformity mark on the product. Information can also be disclosed on the packaging or through media channels, as required or specified by the regulatory authority.

>>> Find out: Regulation on CR conformity mark

Procedures for imported goods

Step 1. Register for Product quality inspection

The importer identifies the standards and technical regulations applicable to the product or service as specified in the Group 2 goods list. Then, they proceed with the registration procedures for state quality inspection for the imported shipment.

>>> Discover now: Guide for MIC Product Quality Inspection Registration

Step 2. Customs clearance of the imported shipment

The importer submits the declaration form along with the quality inspection registration number for customs clearance.

For specialized management authorities that are integrated with the National Single Window Portal and the Customs data system, businesses do not need to submit the quality inspection registration form.

For specialized management authorities that are not yet integrated with the National Single Window Portal and the Customs data system (e.g., the Vietnam Authority of Telecommunications), businesses must still submit a hard copy of the quality inspection registration form (certified by the specialized management authority) to the Customs authority for clearance.

Step 3. Product testing

The product must be tested at designated or recognized laboratories, or those acknowledged by the competent authority. The test results will determine whether the product complies with the technical regulations.

Step 4. Conformity assessment

Depending on the specific product and the relevant regulations of the specialized management authority, businesses can either self-assess the conformity of their product or service (self-declaration of conformity) or are required to perform conformity assessment (conformity certification) by a conformity certification body designated or recognized by the state management agency.

>>> Learn more: Confirmity certification for wireless and IT products

>>> Don't miss out: Confirmity certification for home appliances

Step 5. Submit the conformity announcement dossier

The conformity announcement dossier typically includes:

• Self-assessment of conformity (as per the prescribed template).
• Product testing results.
• Certificate of Conformity (if available).
• Other related documents (e.g., technical specifications describing the product).

After preparing the conformity announcement dossier, the manufacturer or individual submits it to the competent specialized state management authority either through the online system or by direct submission.

>>> Find out: Declaration of Conformity for ICT products

Step 6. Having the conformity announcement dossier received

The specialized management authority will review the dossier for completeness and validity, then accept the conformity announcement dossier for the imported shipment. Unlike domestically produced products, the state management authority does not issue a notice of receipt for the conformity announcement for imported goods.

If the business declares conformity by submitting the Certificate of Conformity through the National Single Window Portal, this process is automatically completed once the Certificate of Conformity is uploaded to the system and automatically sent to the relevant specialized management authorities.

If the business declares conformity using paper documentation (direct submission), depending on the specialized management authority, the business may receive a receipt confirming that the dossier has been accepted. Alternatively, no receipt is provided if the dossier is submitted via postal service.

Step 7. Affix the conformity mark and market the product

After the conformity announcement is accepted, the business declares the product's conformity by affixing the conformity mark on the product. The information can also be disclosed on the packaging or through media channels, as required or specified by the regulatory authority.

>>> Learn more: ICT Conformity Mark for wireless and IT products

Costs of conformity announcement

The costs of conformity announcement consist of three main types:

1. Testing fees according to technical regulations: Testing fees are not fixed for each specific product; they vary depending on the product type, the number of applicable regulations, and the unit price of the laboratory.

2. Conformity certification fees: These fees usually range from 2,000,000 VND to 8,000,000 VND, depending on the product type and the pricing of the certification body.

3. Conformity announcement registration fees: The fee for registering a conformity announcement is stipulated in Article 4 of Circular No. 183/2016/TT-BTC dated November 8, 2016, by the Ministry of Finance, which governs the rates, collection, submission, and management of fees for issuing conformity and standard registration certificates. Accordingly, the conformity announcement fee is 150,000 VND per product.

Additionally, if a business uses the consultancy services of professional units like ExtendMax for conformity certification and announcement, it should budget for additional consultancy service fees based on the scope of work required.

Validity period of the conformity announcement

The notice of receipt for the conformity announcement for domestically produced goods is valid for 3 years. Businesses must renew the conformity announcement if there are changes in the characteristics or technical specifications of the product or when the notice of receipt expires.

For imported goods, the conformity announcement procedure applies to each shipment and is only valid for that specific shipment. When importing subsequent shipments, the importer must conduct a new conformity announcement. However, the importer can reuse previous conformity assessment results, such as valid testing results and conformity certification, for the conformity announcement process.

Frequently asked questions about conformity announcement

Customer asks: Why do I still have to perform a conformity announcement after I have already obtained a certificate of conformity?

ExtendMax answers: According to Decree No. 74/2018/ND-CP and the guiding documents on conformity announcement issued by state management authorities, the certificate of conformity is only part of the conformity announcement procedure. Therefore, you still need to continue with the subsequent steps in the conformity announcement process.

Customer asks: I am purchasing goods from a domestic manufacturer. Am I eligible to perform a conformity announcement?

ExtendMax answers: Under current regulations applicable to domestically produced products, only the manufacturer is required to perform the conformity announcement. This means you cannot perform the conformity announcement on behalf of the manufacturer. Instead, you should request that the manufacturer complete the conformity announcement according to the law and provide you with proof that the goods have been declared in conformity.

Customer asks: Our product is not classified as a Group 2 product, but we still want to perform a conformity announcement for these products. What is the procedure?

ExtendMax answers: If your product is not classified as a Group 2 product, it means it is not on the list of products that require mandatory conformity announcement. According to current legal documents, you cannot perform a conformity announcement if the product is not on the mandatory list. However, to enhance credibility and demonstrate product quality, you can voluntarily perform a standard certification and conformity declaration.

If you find our guide helpful and practically applicable, please support us by rating this article below, leaving a comment, and sharing it with your friends or colleagues in the import and logistics industry. Your feedback will be a great motivation for us to create more detailed and valuable procedural guides for import businesses.

↓ ↓ ↓ ↓ ↓ ↓ ↓