3.145.  The Laws on Food Safety, on Plant Protection and Quarantine, on Animal Health, and on Environmental Protection set out the overarching legal framework for SPS-related matters in Viet Nam (Table A3.9). Except for the Law on Food Safety, all previous legal texts were enacted during the review period; plant protection and quarantine, and animal health were previously regulated by relevant ordinances. Other relevant legislation includes the Laws on Crops (Law No. 31/2018/QH14, issued on 19 November 2018), on Livestock (Law No. 32/2018/QH14, issued on 19 November 2018), and on Fisheries (Law No. 18/2017/QH14, issued on 21 November 2017), as well as decrees on food safety for imported food, on the implementation of the Law on Animal Health, on quarantine of aquatic animals and fishery products, and on fertilizer management. Other relevant regulations include MARD Circulars on permitted and banned plant protection products, on pesticide management, and on maximum residue levels (MRLs) of pesticides on food, and a Decision of the Minister of Agriculture and Rural Development on products subject to plant quarantine. These have been notified to the WTO; between June 2013 and June 2020, Viet Nam submitted 84 notifications to the SPS Committee, but no emergency notifications

3.146.  Several ministries and agencies are responsible for SPS-related matters, including the MARD, the MOIT, the Ministry of Health (MOH), and the MOST. Within the MARD, the Directorate of Fisheries replaces the former National Directorate of Aquatic Resources Exploitation and Protection as the competent entity for SPS-related to fishery products. The Department of Plant Protection (DPP) and the Department of Animal Health (DAH) at the MARD remain the other two relevant entities for SPS issues

3.147.  The national food safety strategy for 2011-20[209] aimed at implementing master plans on food safety from production to consumption by 2015, and at controlling food safety over the entire food supply chain by 2020. Other specific objectives of the national strategy include: (i) improving general knowledge of food safety and food safety practices; (ii) building capacity for the food safety management system; (iii) improving food safety assurance by producers, processors, and traders through certification; and (iv) effectively preventing cases of acute food poisoning. By 2020, local agencies were assigned in all 63 provinces to perform the state management of food safety, 83 food-inspection laboratories complying with ISO/IEC 17025 standards and 106 food-inspection facilities (some of them belonging to the private sector) operated at the provincial level, certification of products and producers by VietGAP or by equivalent standards significantly increased in last five years, and rates of unsafe food samples were four times lower than in 2017. By 2030, all food producers, processors, traders, managers, and consumers are expected to have knowledge of food safety practices, and all food production, processing, and trading establishments are expected to meet food safety conditions. Risk monitoring, communication, and inspection activities are expected to contribute to achieve these objectives

3.148.  Importers of food products must provide the authorities with a number of supporting documents (Table 3.12). Decree No. 15/2018/ND-CP details food products under the responsibility of the MOH, the MARD, and the MOIT. Decree No. 69/2018/ND-CP requires ministries and competent authorities to publish detailed lists of goods, including their HS codes, for which a Certificate of Free Sale (CFS) from the competent authorities of the exporting country that has been certified by consular services is required.[210] Appendixes I and IV to MARD Consolidated Document No. 08/VBHN-BNNPTNT provide detailed lists of products subject to CFS when exported or imported. All products containing genetically modified materials, irradiated products, and products that were produced by new technologies require a CFS when imported to Viet Nam

3.149.  Goods in Group 2, i.e. those "capable of causing unsafety", must comply with procedures for quality inspection stated in Decree No. 74/2018/ND-CP and Decree No. 154/2018/ND-CP. Post‑clearance and post-surveillance inspections are specified in the relevant technical regulations or legal documents (Circular) of the line ministries. The current guidelines for food safety inspection of imported plant origin products are specified in MARD Circular No. 12/2015/TT-BNNPTNT, issued on 16 March 2015

3.150.  Imported and domestically produced foods, other than fresh fruits and meat, require a Food Standards Registration Certificate from the Viet Nam Food Administration in the MOH, valid for three years. The registration dossier for processed products includes: (i) a CFS, Certificate of Export, or Certificate of Health from the competent authority of the exporting country; (ii) the results of food safety testing or analysis; and (iii) a certificate showing that the establishment meets the conditions for food safety or Good Manufacturing Practice (GMP) certificate.[211]

3.151.  MOH Circular No. 50/2016/TT-BYT prescribes MRLs for different pesticides and their active ingredients in plant-based food products, which apply for domestically produced and imported goods

3.152.  Imports of plants, plant products, aquatic and terrestrial animals and animal products, and processed food products may be inspected; this inspection may include an examination of documentation or visual inspection before transportation to quarantine, where samples may be taken for laboratory testing.[212]

3.153.  The DPP at the MARD is the national competent agency on plant protection in Viet Nam. It has nine regional sub-departments and ten centres for plant quarantine, two centres for post-entry quarantine, one centre for plant inspection, two centres for testing, and one national centre for fertilizer testing[213]; there are also plant quarantine stations at the country's entry points

3.154.  To import plants or plant products, the importer must make a declaration to the DPP at least 24 hours before the import is made and then, within the next working day, the authority will notify the location and time to conduct the quarantine. According to Article 26 of the Law on Plant Protection and Quarantine, an import consignment of plants must: (i) be accompanied by a plant quarantine certificate from the competent authority of the exporting country; (ii) be free of regulated pests and harmful organisms; (iii) have an import plant quarantine permit from the PPD for objects subject to pest-risk analysis; and (iv) have packaging that complies with national technical regulations. MARD Circular No. 30/2014/TT-BNNPTNT contains the list of objects subject to plant quarantine and those subject to pest-risk analysis. The latter includes living plants; fresh fruits and bulbs; weeds and weed seeds; beneficial organisms, biological agents, or living organisms harmful to plant resources; and objects with a high risk of carrying a regulated pest

3.155.  Decree No. 35/2016/ND-CP requires that imports and exports of animals or animal products must be reported to the DAH at the MARD using the necessary documents

3.156.  For imports of terrestrial animals and animal products on the quarantine list in Circular No. 25/2016/TT-BNNPTNT, the DAH should reply within five working days, informing the owner of the goods which quarantine agency is responsible for conducting quarantine. The duration of the quarantine period for terrestrial animals and animal products may be up to 45 days, and it varies according to the risk associated with the terrestrial animal or animal product. For imports from countries reported for the first time or with high risks of animal diseases, the DAH will conduct a risk analysis

3.157.  The list of aquatic animals and aquatic animal products subject to quarantine and the related procedures are set out in Circular No. 26/2016/TT-BNNPTNT, as amended by Circular No. 02/2018/TT-BNNPTNT.[214] Importers of aquatic animals and animal products must register for import quarantine with the DAH. Quarantines can last up to 10 days, but authorities may notify a longer duration in a written note justifying the reasons. In addition to the quarantine declaration, the following documents are required: (i) an export quarantine certificate from the competent authorities of the exporting country; (ii) a copy of a CITES permit for endangered species; and (iii) a copy of an aquatic product import permit issued by the Department of Fisheries. Other documents may be required for items not imported for human consumption. The DAH operates a number of laboratories for sampling and testing

3.158.  Between December 2014 and July 2017, Viet Nam applied automatic import licensing to fertilizers (urea, and fertilizers containing nitrogen, phosphorus, and potassium). MOIT Circular No. 07/2017/TT-BCT repeals the automatic import licences on these products, and allows their importation only through international or main border gates

3.159.  Prime Minister's Decision No. 147/2008/QD-TTg (approving the national action plan on the acceleration of the implementation of commitments under the agreement on the application of SPS measures in performing WTO Member obligations) of 17 November 2008 launched an action plan to meet Viet Nam's obligations under the SPS Agreement, which included harmonizing its food hygiene and safety, and sanitary and phytosanitary standards with those of Codex Alimentarius, the OIE, and the IPPC.[215] This Decision states that the same standard should be used for exports and domestic consumption and sets out goals for improving risk assessment, control measures, and institutional capacity

3.160.  The national enquiry point for SPS matters is the Viet Nam SPS Office in the MARD.[216] Decision of the Minister of Agriculture and Rural Development No. 04/2008/QD-BNN of 10 January 2008 requires relevant agencies for SPS to coordinate with the Viet Nam SPS Office and to operate as a network for notifications

3.161.  Since 2013, eight STCs were raised at the SPS Committee. Two STCs, initially raised in 2015, on restrictions on plant products and fruits were reported as resolved or partially resolved in the second semester of 2017; all other STCs remain unresolved. Three STCs were initially raised but have not been reiterated by Members in subsequent meetings.[217] The STCs concerning the suspension of groundnut seed imports, the market access for "white" offal, and the import restrictions in the draft Law on Animal Protection have been reiterated, at least once, by Members.[218]

3.162.  Following the onset of the COVID-19 pandemic, Viet Nam indicates to apply the WHO's guidelines on "COVID-19 and food safety: Guidance for food businesses", and the Department of Food Safety under the MOH issued guidance on enhancing food safety for food-service providers (Official Letter No. 881/ATTP-NDTT) to prevent the spread of the disease

3.127.  During the review period, the overall regulatory framework for standards and technical regulations remained largely unchanged[182]; recent legislative changes concern, inter alia, the adoption of decrees and circulars implementing a more participatory development of standards, compliance with international conventions, and a new regulation on labelling. Furthermore, new laws on environmental protection and construction also were enacted and have some impact on technical standards in these fields

3.128.  The 2006 Law on Standards and Technical Regulations[183], as amended, stipulates that the Ministry of Science and Technology (MOST) is responsible for issuing and managing standards; its Directorate for Standards, Metrology, and Quality (STAMEQ) is the national standardization body. Ministries prepare draft rules on standards and standards-related issues on goods under their responsibility, and they must consult with STAMEQ on their draft national standards prior to their approval. Several subsidiary bodies under the STAMEQ are responsible for conformity assessment, quality system certification, product certification, accreditation of testing and calibration laboratories, supervision of quality requirements for goods, and other matters related to standards and technical regulations (Chart 3.3)

3.129.  Several ministries are responsible for standards, technical regulations, conformity assessment procedures, and other measures related to technical requirements. These include the MOST and the Ministries of: Industry and Trade; Agriculture and Rural Development; Information and Communication; Natural Resources and Environment; Transport; Health; Education and Training; Labour, Invalids and Social Affairs; Finance; Culture, Sports and Tourism; National Defence; Public Security; and Construction. The MOST is responsible for announcing the publication of national standards on the STAMEQ's website[184], keeping an updated repository of valid standards in Viet Nam[185], and coordinating the development of standards and technical regulations with the other ministries for products and services in its areas of competence. The MOST is also responsible of preparing five-year and annual plans on the formulation of national standards with the concerned ministries and agencies. Since 2009, the STAMEQ has adhered to the Code of Good Practice for the Preparation, Adoption and Applications of Standards in Annex 3 to the TBT Agreement.[186]

3.130.  The TBT Viet Nam Office within the STAMEQ remains the notification authority and enquiry point for WTO TBT-related issues.[187] The Office coordinates a network of domestic enquiry points and inter-agency committee for TBTs as established by Prime Minister's Decision No. 46/2017/QD-TTg. The STAMEQ represents Viet Nam in international and regional organizations on issues related to technical requirements (Table 3.10)

3.131.  Between June 2013 and June 2020, Viet Nam submitted 152 notifications, covering a large variety of products, to the WTO TBT Committee.[188] During the review period, four specific trade concerns (STCs) were raised in the Committee. Three of these STCs were raised in 2017: one was related to volumes of alcoholic beverages allowed to be imported for carrying out conformity assessments[189], another concerned the vehicle type approval certificates and emission, quality, and safety inspection for every lot of imported cars[190], and the third related to provisions of the Law on Cybersecurity. In May 2020, an STC was raised concerning mandatory quality management for products and goods under responsibility of Ministry of Information and Communications.[191]

3.132.  The 2006 Law on Standards and Technical Regulations[192] remains the main legal basis for standards and technical regulations and seeks to promote harmonization of national standards with international ones. International, regional, and foreign standards must be used as the basis for the formulation of technical standards and technical regulations, unless they are not suitable to Viet Nam (because of its geography, climate, and technical or technological characteristics), or they affect its national interests. The main laws, decrees, and decisions by the Prime Minister that cover standards and technical regulations are listed in Table A3.8. Besides these, some ministerial circulars and ministerial decisions provide guidance on the implementation of laws, decrees, and Prime Minister's decisions.[193] The key regulations for standards planning, elaboration, appraisal, publication, and implementation include Circular No. 21/2007/TT-BKHCN Guiding the Formulation and Application of Standards (as revised by Circular No. 29/2011/TT-BKHCN) and Decision No. 22/2007/QD-BKHCN of the MOST, promulgating the regulation on organization and operation of the Technical Board for National Standards. More recently, Decree No. 78/2018/ND-CP aims to broaden the participation of technical committees developing national standards, notably by including associations, enterprises, and consumers, and it aims at ensuring the compliance of national standards and technical regulations with international conventions signed by Viet Nam

3.133.  In Viet Nam, there are two types of standards national standards (Tieu chuan Viet Nam (TCVNs)), and company/organization standards (Tieu Chuan Co So (TCCSs))[194] and two types of technical regulations national technical regulations (QCVNs) and local technical regulations (QCDPs).[195] Company/organization standards may serve as the basis for the development of national standards. A specific standard or a part of it becomes mandatory when it is invoked in a legal document or technical regulation

3.134.  Draft national standards are prepared by technical committees organized by the relevant ministries, the Viet Nam Standards and Quality Institute in the STAMEQ (VSQI), organizations, and individuals. The drafts are based on proposals from government agencies or the private sector. The VSQI is responsible for organizing the development of TCVNs and related consultations[196], providing secretarial support for the technical committees, and planning standardization activities. In 2020, authorities reported that there were 139 national standards technical committees and 54 sub‑committees. Draft TCVNs are published on the VSQI website[197] with 60-day comment periods.[198] Interested foreign parties can consult draft standards on request. Based on comments, revisions should be finalized in 120 days and, if a disagreement between interested parties persists, the MOST shall report to the Prime Minister for their consideration and decision. A repository of valid standards in Viet Nam is available online.[199] Each year, the VSQI publishes a work-programme listing, which is regularly updated. The plan for 2020, approved by Decision No. 4099/QD-BKHCN of the MOST, includes 770 standards being prepared in various technical committees, proposed by different government ministries

3.135.  Viet Nam has around 12,888 TCVNs in effect, of which 60% were harmonized[200] with international, regional, or foreign standards (up from 40% in 2013). This result is in line with the objectives set by Prime Minister's Decision No. 712/QD-TTg approving the National Programme on Products and Goods Productivity and Quality

3.136.  The VSQI also provides support for the development of technical regulations (QCVNs), which are developed by drafting committees composed of government agencies and experts. Proposals for the QCVNs are published on the official websites of the relevant ministries, and technical committees hold seminars for further public consultation and dissemination. Interested parties can comment either in their capacity as members of the technical committee or through comments to the technical committees. Draft technical regulations are shared with WTO Members through the TBT Viet Nam Office. In case the parties do not agree on the evaluation, the promulgating agency of the national technical regulation shall report to the Prime Minister for their consideration and decision. The final QCVNs are published on the official websites of the relevant ministries, normally six months before they become effective.[201] In addition, the MOST publishes an annual catalogue of new technical regulations

3.137.  The authorities state that there are 23 local technical regulations (QCDPs), which provide further details on national regulations to meet local needs. Some examples of QCDPs include food safety conditions for dried fish and fish sauce in An Giang province, wine processing in Tra Vinh province, tea tree oil production in Hue, and waste water treatment in Bac Ninh province

3.138.  Under the Law on Products and Goods Quality, products and goods are classified in two groups. Products "incapable of causing unsafety" (Group 1) are distinguished from those "capable of causing unsafety" (Group 2). "Those products and goods which, under rational conditions of transportation, storage, preservation and use for proper purposes, can latently cause harms to humans, animals, plants, assets or the environment" belong to Group 2, while all other products belongs to Group 1.[202] Decree No. 74/2018/ND-CP states that the goods' capability of causing "unsafety" shall be determined based on their chemical, physical, and biological nature; their functional structure and principles; and their transportation, warehousing, storage, and usage conditions.[203] Products in Group 1 are subject to quality control on the basis of standards announced by producers. Products in Group 2 are controlled on the basis of relevant technical regulations from the competent state agencies, which shall also specify the method and procedures for conformity assessment.[204] Different ministries are responsible for the quality control of goods under their responsibility, and for issuing lists of goods potentially causing "unsafety" and subject to conformity assessment through mandatory certification, quality inspection, and testing (Table 3.11)

3.139.  Producers and importers must fulfil requirements concerning conformity assessment before selling their products freely in the market, and measures for domestically manufactured and imported products are similar. Conformity must be declared using the results of assessments carried out at the discretion of producers and importers, certifications by legally registered or recognized certification bodies, or certifications by legally designated certification bodies. Importers must register for inspection using a specific form[205] and include certified copies and other documents related to their registration, according to the method for conformity declaration. If a laboratory test, certification of conformity, or certification of inspection is required, importers must submit these documents to the inspection authority within 15 working days of the date of such customs clearance. Results by foreign laboratories and foreign certifications can be used for conformity assessment procedures in Viet Nam; however, a unified list of recognized foreign laboratories and certifications does not exist, as this information is separately handled by each line ministry. Relevant agencies are responsible for running market surveillance or monitoring schemes for the products under their management

3.140.  Decree No. 107/2016/ND-CP (as revised by Decree No. 154/2018/ND-CP) prescribes the conditions for conformity assessment services in Viet Nam, as well as the duties and responsibilities of management agencies; the Decree replaces previous MOST Circulars[206] on these matters. The Bureau of Accreditation of the MOST runs the Viet Nam Laboratory Accreditation Scheme (VILAS), the Viet Nam Certification Accreditation Scheme (VICAS), and the Viet Nam Inspection Scheme (VIAS). By 2020, the VILAS had accredited more than 1,300 laboratories, including seven laboratories abroad. Laboratories in ASEAN countries for electrical and electronic laboratories were recognized under the ASEAN Sectoral Mutual Recognition Arrangement for Electrical and Electronic Equipment Framework (ASEAN EEE MRA). The VICAS has accredited 72 certification bodies; and the VIAS has accredited 84 verification and inspection organizations

3.141.  There are five product certification bodies under the STAMEQ: the Viet Nam Certification Centre (QUACERT), which helps enterprises with compliance with national and international standards and practices, including certification for meeting national, foreign, regional, and international standards; and four Quality Assurance and Testing Centres (QUATEST 1, 2, 3, and 4), which are responsible for testing imports and exports for compliance with standards and technical regulations

3.142.  QUACERT is the certification body responsible for compliance with: Vietnamese standards and technical regulations (including Vietnamese Good Agricultural Practices (VietGAP)); certification of management systems to international standards (ISO 9001, ISO 14001, ISO 22000, ISO/IEC 27001, quality management systems for petroleum, petrochemical and natural gas industries (ISO/TS 29001), ISO 50001, Occupational Health and Safety Assessment Series (OHSAS 18001 and ISO 45001), Good Manufacturing Practices (GMP), and Hazard Analysis Critical Control Point (HACCP)); and standards in other countries (American Society for Testing and Materials (ASTM), Japanese Industrial Standards (JIS), German Institute for Standardization (DIN), Russian Federation's Gosstandart (GOST), British Standards Institution (BSI), and People's Republic of China Guobiao (GB)).[207]

3.143.  QUACERT, QUATEST 1, and QUATEST 3 are the certification bodies responsible for electrical and electronic equipment under the ASEAN Sectoral Mutual Recognition Arrangement for Electrical & Electronic Equipment (ASEAN EE MRA)

3.144.  Decree No. 43/2017/ND-CP (on Labelling of Goods) of 14 April 2017 prescribes the contents and ways of recording goods produced in or imported to Viet Nam. Labels must include: the name of the product; the name and address of the producer or importer responsible for the good; its origin; and other contents according to the nature of the product. For food products, labels must show ingredients in order of importance, include production and expiry dates, and warning information (if any). For alcoholic beverages, the label must also include shelf life, preservation instructions (for wines), and batch identification (if any). Auxiliary labels are allowed on imported goods to show compulsory contents in Vietnamese, while keeping the original labels. Domestically produced goods that cannot be exported and are sold in the local market must include an auxiliary label with the denomination "Made in Viet Nam" (in bold). Decree No. 21/2011/ND-CP requires energy labels to be affixed to equipment and vehicles pursuant to the Law on Energy Conservation. MARD and MOST Joint Circular No. 45/2015/TTLT-BNNPTNT-BKHCN, issued on 23 November 2015, provides further details on labelling requirements applied to foods containing at least 5% of genetically modified ingredients.[208]