Enhancing Technical Standards: New Circular Issued
The Ministry of Science and Technology has officially issued Circular No. 15/2026/TT-BKHCN, detailing the process of developing, appraising, and promulgating technical regulations. This marks a comprehensive legal framework covering every stage—from planning and drafting to approval, publication, and monitoring implementation.
The Circular, based on the Law on Standards and Technical Regulations and its guiding documents, takes effect 45 days after signing. It replaces Circulars No. 26/2019/TT-BKHCN and 10/2023/TT-BKHCN. Projects already approved but not yet promulgated will continue under previous regulations to ensure continuity.
Annual Planning Requirements
National technical regulation plans must specify the legal basis, regulation title, scope, type, drafting agency, timeline, and estimated budget. Ministries and agencies are tasked with reviewing proposals, setting priorities, and collecting public feedback for at least 20 days before final approval. Approved plans must then be publicly disclosed.
For local technical regulations, provincial People’s Committees oversee the process, following similar steps of drafting, consultation, finalization, and publication. Adjustments or additions must reflect management needs and practical realities, while ensuring transparency.
Drafting and Consultation
Once plans are approved, drafting begins with the establishment of a drafting team or assignment to specialized units. This involves data collection, management assessments, technical research, and risk evaluation. Draft regulations must be accompanied by impact assessments to justify technical requirements and management measures.
Public consultation is mandatory, lasting at least 60 days, with contributions from agencies, associations, businesses, and affected individuals. All feedback and responses must be made public. Drafts with potential impact on international trade must also be reviewed under technical barriers to trade provisions.
Appraisal and Approval
Completed drafts are submitted to an appraisal council established by competent authorities. The council operates objectively, ensuring democratic discussion and requiring consensus before approval. Drafting team members are excluded from the council to avoid conflicts of interest.
Following appraisal, the drafting agency refines the dossier and seeks final input from the Ministry of Science and Technology before promulgation under legal procedures for normative documents. Once issued, regulations must be registered in accordance with current rules.
Local Regulations and Content Requirements
The Circular also outlines procedures for local technical regulations, largely mirroring national processes but led by provincial authorities. Drafts must be reviewed by relevant ministries to ensure consistency and avoid overlaps.
Regulations must clearly define scope, technical requirements, management measures, responsibilities, and implementation mechanisms. Technical requirements must be specific, verifiable through appropriate testing methods, and avoid vague or ambiguous wording. References to internal standards are prohibited to maintain legal consistency.
Presentation and Oversight
The Circular standardizes document presentation, including codes, numbering, cover pages, and content layout, ensuring clarity and uniformity.
The Ministry of Science and Technology will oversee compliance through scheduled and ad-hoc inspections, focusing on adherence to procedures, document format, and the effectiveness of regulations in practice.