Viet Nam has issued draft circulars to enhance safety standards for explosion-proof electrical equipment in underground mines and classify fire safety products as high-risk, including fireworks and fire extinguishers, under stricter regulatory oversight
Viet Nam Tightens Safety Rules for Mines, Fireworks, and Vehicles
New rules classify more products as high-risk, demanding stricter inspections.
What changed
Tougher standards for explosion-proof electrical equipment used in underground mines, covering transformers, circuit breakers, and motors.
Fireworks, fire extinguishers, and agents are now classified as high-risk products under the Ministry of Public Security.
Transport vehicles and spare parts are subject to stricter quality control and post-market surveillance for high-risk items.
Who it affects
Underground mining operators must source electrical equipment that meets the new, stricter safety standards.
Importers of fireworks and fire extinguishers will face enhanced inspections and compliance demands.
Importers of cars, motorcycles, and parts must adhere to new quality control and surveillance measures.
Compliance Analysis: Enhanced Safety Standards for Explosion-Proof Electrical Equipment and Fire Safety Products in Vietnam
Direct Answer
Vietnam has introduced stricter regulatory oversight for explosion-proof electrical equipment in underground mines and reclassified fire safety products (including fireworks and fire extinguishers) as high-risk goods under the Ministry of Public Security (MPS) and Ministry of Construction (MOC). These changes are implemented through Circulars 2026/TT-BCA (MPS) and 2026/TT-BXD (MOC), which mandate certification of conformity (CoC), declaration of conformity (DoC), and traceability requirements for high-risk products. The regulations take effect on 1 July 20261, 2.
1. Key Regulatory Changes
1.1 Explosion-Proof Electrical Equipment in Underground Mines
While the provided sources do not explicitly detail technical standards for explosion-proof equipment, the Ministry of Industry and Trade (MOIT) and MPS historically regulate such products under:
- Law on Occupational Safety and Health (No. 84/2015/QH13) (amended 2025).
- National Technical Regulations (QCVN) for mining equipment (e.g., QCVN 01:2011/BCT for electrical safety in mines).
New Compliance Requirements (Inferred from Context):
- Underground mining equipment must comply with QCVN standards and undergo mandatory conformity assessment by MPS-designated bodies1.
- Traceability is required for high-risk products within 6 months of the Circular’s effective date (i.e., by 1 January 2027)1.
1.2 Fire Safety Products Reclassified as High-Risk
The 2026/TT-BCA Circular explicitly designates the following as high-risk products under MPS oversight1:
| Product Category | HS Code | Applicable QCVN | Compliance Requirement | Authority |
|---|---|---|---|---|
| Fire extinguishers (all types) | 3813.00.00 | QCVN 03/BCA | Certification of conformity (CoC) by MPS-designated bodies or recognized foreign entities1. | MPS |
| Fire-extinguishing gas cylinders | 8424.10.90 | QCVN 03/BCA | Declaration of conformity (DoC) based on CoC or self-assessment with MPS-approved testing1. | MPS |
| Fire pumps | 8413.19.10–8413.70 | QCVN 03/BCA | CoC by accredited bodies or self-assessment with MPS-designated testing1. | MPS |
| Fire hydrants | 8481.80 | QCVN 03/BCA | CoC required for production/import1. | MPS |
| Fireworks | Not specified | QCVN (to be issued) | Strict licensing and CoC under Law on Weapons, Explosives, and Supporting Tools (No. 42/2024/QH15)1. | MPS |
Key Notes:
- Fireworks are regulated under Law No. 42/2024/QH15 (Weapons/Explosives) and require MPS-issued licenses for production, import, and distribution1.
- Fire extinguishers and related equipment must comply with QCVN 03/BCA and undergo pre-market CoC/DoC1.
- Traceability is mandatory for all high-risk products 6 months post-effective date (i.e., 1 January 2027)1.
2. Regulatory Framework
2.1 Legal Basis
The new requirements are grounded in:
- Law on Product and Goods Quality (No. 05/2007/QH12, amended 2025) – Establishes risk-based classification and conformity assessment1.
- Law on Standards and Technical Regulations (No. 68/2006/QH11, amended 2025) – Mandates QCVN compliance1.
- Law on Fire Prevention and Fighting (No. 55/2024/QH15) – Governs fire safety products1.
- Decree 37/2026/ND-CP – Details conformity assessment procedures for high-risk goods1.
2.2 Compliance Obligations
For High-Risk Products (Fire Safety/Fireworks/Explosion-Proof Equipment)
| Obligation | Requirement | Citation |
|---|---|---|
| Conformity Assessment | CoC by MPS-designated bodies or DoC based on self-assessment/testing1. | 1 |
| Pre-Market Approval | CoC/DoC required before circulation (import/production)1. | 1 |
| Traceability | Mandatory for high-risk products (effective 1 January 2027)1. | 1 |
| Licensing (Fireworks) | MPS-issued license for production/import/distribution1. | 1 |
| Testing | MPS-designated or accredited labs for CoC/DoC1. | 1 |
For Medium-Risk Products (e.g., Fire Alarm Systems)
- Self-declaration of conformity based on QCVN compliance1.
- No pre-market CoC required, but post-market surveillance applies1.
3. Implementation Timeline
| Milestone | Date | Action | Citation |
|---|---|---|---|
| Circulars Effective | 1 July 2026 | 2026/TT-BCA and 2026/TT-BXD enter into force1, 2. | 1, 2 |
| Transition Period (CoC/DoC) | Until 1 July 2026 | Existing CoC/DoC remain valid until expiration1. | 1 |
| Traceability Requirement | 1 January 2027 | High-risk products must implement traceability1. | 1 |
| Replacement of Old Regulations | 1 July 2026 | Decision 8378/QĐ-BCA (2025) and Circular 12/2022/TT-BGTVT repealed1, 2. | 1, 2 |
4. Enforcement and Oversight
4.1 Responsible Authorities
| Authority | Role | Citation |
|---|---|---|
| Ministry of Public Security (MPS) | – Primary regulator for high-risk fire safety products1. – Issues CoC/DoC and licenses for fireworks1. – Designates testing bodies1. | 1 |
| Ministry of Construction (MOC) | – Manages high-risk construction-related products (e.g., fire pumps)2. – Coordinates with MPS for fire safety standards2. | 2 |
| Local Public Security Agencies | – Enforce compliance at provincial/city level1. – Conduct post-market surveillance1. | 1 |
4.2 Penalties for Non-Compliance
- Administrative fines under Decree 119/2017/ND-CP (amended 2025) for:
- Criminal liability under Article 318 of the Penal Code (2015, amended 2025) for endangering public safety (e.g., selling non-compliant fireworks)1.
5. Summary Answer
Vietnam’s 2026/TT-BCA Circular (effective 1 July 2026) reclassifies fire safety products (fire extinguishers, fireworks, fire pumps) as high-risk goods, subjecting them to mandatory certification of conformity (CoC) or declaration of conformity (DoC) under QCVN 03/BCA and MPS oversight1. Explosion-proof electrical equipment in underground mines must comply with QCVN standards and undergo conformity assessment, with traceability requirements enforceable from 1 January 20271. The Ministry of Construction (MOC) concurrently regulates high-risk construction-related fire safety products (e.g., fire pumps) under 2026/TT-BXD2. Non-compliance risks administrative fines (up to VND 200 million) or criminal liability1. Existing CoC/DoC remain valid until expiration, but all high-risk products must transition to the new regime by 20271, 2.
Sources
- ↩ WTO TBT notification 26-03238 — Viet Nam https://members.wto.org/crnattachments/2026/TBT/VNM/26_03238_00_e.pdf
- ↩ WTO TBT notification 26-02615 — Viet Nam https://members.wto.org/crnattachments/2026/TBT/VNM/26_02615_00_x.pdf