Viet Nam Expands Medium-Risk and High-Risk Product Oversight

Viet Nam has issued multiple draft circulars to define and manage medium-risk and high-risk products and goods, including under the Ministry of Agriculture and Environment and Ministry of Public Security, reinforcing regulatory control across key product categories

Compliance Analysis: Vietnam’s Draft Circular on Medium- and High-Risk Products under the Ministry of Agriculture and Environment

Direct Answer

Vietnam’s Draft Circular Promulgating the List of Products and Goods with Medium Risk Level and High Risk Level under the Management Authority of the Ministry of Agriculture and Environment (hereafter "Draft Circular") revises the classification of certain agricultural and environmental products from "safety-risk" to "medium-risk," reducing pre-customs clearance inspection requirements for importers. The Draft Circular replaces Circular No. 16/2021/TT-BNNPTNT and applies to organizations and individuals producing or trading listed products, including plant varieties, fertilizers, veterinary drugs, and aquaculture feed. Key changes include streamlined import procedures for medium-risk products, while high-risk products (if any) remain subject to stricter controls^{1, 2}.

1. Regulatory Framework and Objectives

1.1 Legal Basis

The Draft Circular is grounded in Vietnam’s overarching product quality and technical regulation laws, including:

• Law on Product and Goods Quality No. 05/2007/QH12, as amended by Law No. 78/2025/QH15^{1, 2}.
• Law on Standards and Technical Regulations No. 68/2006/QH11, as amended by Law No. 70/2025/QH15^{1, 2}.
• Decree No. 37/2026/NĐ-CP (detailing implementation of the Law on Product and Goods Quality) and Decree No. 22/2026/NĐ-CP (detailing the Law on Standards and Technical Regulations)^{1, 2}.
• Decree No. 35/2025/NĐ-CP (defining the Ministry of Agriculture and Environment’s functions)¹.

1.2 Objectives

The Draft Circular aims to:

• Prevent deceptive practices and protect consumers¹.
• Safeguard human, animal, and plant health, as well as the environment^{1, 2}.
• Reduce compliance costs and customs clearance times by reclassifying certain products from "safety-risk" to "medium-risk"².
• Maintain state inspection methods for product quality without introducing new administrative procedures^{1, 2}.

2. Scope and Applicability

2.1 Covered Products

The Draft Circular applies to the following products under the Ministry of Agriculture and Environment’s authority (with HS codes and ICS numbers where applicable)^{1, 2}:

2.2 Risk Classification Changes

Under Circular No. 16/2021/TT-BNNPTNT, the above products were classified as "likely to cause safety risks," requiring pre-customs clearance quality inspections^{1, 2}. The Draft Circular reclassifies them as medium-risk, exempting them from mandatory pre-clearance inspections. This change is expected to:

• Shorten customs clearance times².
• Reduce compliance costs for businesses².
• Facilitate trade without compromising safety¹.

Note: The Draft Circular does not explicitly list high-risk products, suggesting that such items (if any) may be addressed in separate regulations or remain under stricter controls¹.

2.3 Applicable Entities

The Draft Circular applies to:

• Organizations and individuals engaged in the production or trade of listed products¹.
• Conformity assessment bodies conducting state-mandated quality inspections¹.
• Relevant state agencies overseeing product quality¹.

3. Key Requirements and Compliance Obligations

3.1 State Inspection Methods

The Draft Circular serves as the legal basis for applying state inspection methods for product quality, though it does not introduce new administrative procedures^{1, 2}. Key requirements include:

• Medium-risk products: No pre-customs clearance inspection required².
• High-risk products (if any): Likely subject to stricter controls (not detailed in the Draft Circular)¹.
• Conformity assessment: Bodies must comply with state management requirements for listed products¹.

3.2 Timeline and Implementation

3.3 Contact Points for Compliance

Stakeholders may submit comments or seek clarification from:

1. Department of Quality, Processing and Market Development
   • Ministry of Agriculture and Environment
   • Address: No. 10 Nguyen Cong Hoan Street, Giang Vo Ward, Hanoi, Vietnam
   • Tel: +(84 24) 3810983
   • Email: nafiqpm@mae.gov.vn
   • Website:¹(https://nafiqpm.mae.gov.vn/)^{1, 2}

1. Vietnam Sanitary and Phytosanitary Notification Authority and Enquiry Point
   • Address: No. 10 Nguyen Cong Hoan Street, Giang Vo Ward, Hanoi, Vietnam
   • Tel: +(84 4) 3734 4764
   • Email: spsvietnam@mae.gov.vn
   • Website:³(http://www.spsvietnam.gov.vn)^{3, 2}

1. International Cooperation and TBT Department
   • Commission for Standards, Metrology and Quality of Vietnam (STAMEQ)
   • Ministry of Science and Technology
   • Tel: +(84 24) 37 91 21 45
   • Fax: +(84 24) 37 91 16 30¹

4. Comparison with Circular No. 16/2021/TT-BNNPTNT

The Draft Circular replaces Circular No. 16/2021/TT-BNNPTNT, which previously classified the listed products as "likely to cause safety risks." The table below highlights key differences:

5. Summary Answer

Vietnam’s Draft Circular Promulgating the List of Products and Goods with Medium Risk Level and High Risk Level under the Management Authority of the Ministry of Agriculture and Environment reclassifies key agricultural and environmental products—including plant varieties, fertilizers, veterinary drugs, and aquaculture feed—from "safety-risk" to "medium-risk," eliminating mandatory pre-customs clearance inspections for these items^{1, 2}. This change, effective 1 July 2026, aims to reduce compliance costs and expedite trade while maintaining safety standards¹. The Draft Circular replaces Circular No. 16/2021/TT-BNNPTNT and applies to producers, traders, and conformity assessment bodies¹. Stakeholders may submit comments until 20 June 2026 to the Ministry of Agriculture and Environment or the Vietnam Sanitary and Phytosanitary Notification Authority^{3, 2}. High-risk products (if any) are not addressed in the Draft Circular, suggesting they may remain under stricter controls¹.

Sources

1. ↩ Draft Circular promulgating the list of products and goods with medium risk level and high risk level under the management authority of the Ministry of Agriculture and Environment https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/TBTN26/VNM401.pdf&Open=True
2. ↩ Draft Circular Promulgating the List of Products and Goods with Medium Risk Level and High Risk Level under the Management Authority of the Ministry of Agriculture and Environment — SS / directdoc https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/NVNM182.pdf&Open=True
3. ↩ Draft Circular Promulgating the List of Products and Goods with Medium Risk Level and High Risk Level under the Management Authority of the Ministry of Agriculture and Environment — SS / directdoc https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/NVNM182C1.pdf&Open=True