MOST Issues Circular No. 36/2026/TT-BKHCN on Risk-Based Product Classification
Transition Provisions
Certificates of Conformity and Notices of Acceptance issued before July 1, 2026, remain valid until their original expiration dates.
Applications submitted before July 1, 2026, will continue under the previous rules.
Risk-Based Classification Approach
The regulatory framework classifies products based on Harmonized System (HS) codes and functional characteristics, establishing two compliance tiers.
High-Risk Products
Products in this category require formal type approval certification from authorized Vietnamese certification bodies, accompanied by a Declaration of Conformity.
Acceptable certification pathways include:
Comprehensive type testing combined with factory production control audits under Method 3
Batch consignment testing at import under Method 7
This category includes:
Wi-Fi transceiver equipment operating in the 5 GHz and 6 GHz frequency bands, specifically 5150–5350 MHz, 5470–5725 MHz, 5725–5850 MHz, and 5.925–6.425 GHz, with equivalent isotropic radiated power of 60 mW or higher
Short-range radar devices in the 24–24.25 GHz range for traffic information, cruise control, collision avoidance, and vehicle detection applications
Radio remote control equipment
Radio frequency identification systems using powered electronic chip tags attached to identified objects
Medium-Risk Products
Products in this category require only a Declaration of Conformity. Voluntary type approval certification remains available through designated or accredited certification centers.
This category includes:
Radio identification and tracking devices operating in the 13.553–13.567 MHz frequency band for goods, people, and animal management
RFID systems for radio card activation and information retrieval
Short-range radar equipment in the 76–77 GHz range for traffic and transportation applications
Radio navigation equipment
Ultra-wideband communication devices
Factory Audit Requirements
International manufacturers may waive on-site factory inspections under the comprehensive certification pathway by submitting an active ISO 9001 Quality Management System certificate.
The ISO certification must retain a minimum validity of six months at the time of application submission. Certificates falling below this threshold will invalidate the audit exemption, requiring either physical inspection or batch-by-batch testing at the port.
Technical Standards Timeline
New technical standards are scheduled to become mandatory on January 1, 2027. These include:
RF EMC requirements for WWAN and LTE NB-IoT equipment
Wi-Fi 6 GHz radio frequency standards
In addition, testing obligations under extreme environmental conditions for multiple technical standards have been suspended through June 30, 2027, to facilitate market entry timelines.
Source: Attached, Vietnamese only.
Related news: https://ib-lenhardt.com/news/public-consultation-on-risk-based-product-classification