On 23 January 2026, the Government issued Decree No. 37/2026/ND-CP (“Decree 37”) detailing the implementation of a number of articles of the Law on Product and Goods Quality, as amended and supplemented. Decree 37 was promulgated to further complete the legal framework governing metrology and product and goods quality management in the context of increasing goods circulation, deeper international integration, and the need to enhance transparency in state management.
Compared to previous regulations, Decree 37 demonstrates a clear shift in regulatory approach - from an administrative and fragmented model to a data-driven, technology-based model emphasizing targeted post-market inspection. Below are several notable highlights of Decree 37:
1. Supplementation of Definitions Related to Acts, Timing and Duration of Circulation and Distribution of Goods
Decree 37 supplements and clarifies various important legal concepts, including terms such as “Best before date,” “Circulation,” “Manufacturing,” as well as terminology related to digitalization and product and goods traceability.
The standardization of these concepts is not merely a legislative technical matter, but also serves as a direct basis for determining the scope of regulation, compliance responsibilities, and grounds for handling violations. In the context of strengthened post-market inspection and public disclosure of violations, a uniform interpretation of these concepts will be decisive for enterprises in mitigating legal risks.
2. Changes in the Approach to Product and Goods Quality Management
2.1. Risk Assessment and Classification of Products and Goods
Under Decree 37, product and goods quality management is no longer primarily based on product grouping, but rather on risk assessment concerning human health, safety, the environment, and public interests. Accordingly, products and goods are classified into different risk levels: high risk, medium risk, and low risk, as follows:
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High-risk group: Products and goods with a high degree of hazardous risk and a high likelihood of occurrence, which may cause serious or particularly serious consequences if appropriate management measures are not applied;
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Medium-risk group: Products and goods with a moderate level of hazardous risk or likelihood of occurrence, which may cause significant impacts if appropriate management measures are not applied;
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Low-risk group: Products and goods with a low level of hazardous risk or low likelihood of occurrence, which are unlikely to cause significant impacts under normal control or use conditions.
This shift entails a fundamental change in state management activities. Under Decree 37, Ministries and ministerial-level agencies are responsible for:
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Developing risk assessment criteria applicable to products and goods under their management scope;
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Classifying products and goods according to risk levels based on such criteria; and
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Applying management measures corresponding to each risk level.
The risk classification system must not be constructed based solely on qualitative or purely administrative considerations, but must be supported by scientific grounds, technical evidence, and clear legal bases. This will serve as the foundation for ensuring that management measures are applied rigorously, objectively, and in accordance with actual risk levels.
Based on risk classification, Decree 37 establishes differentiated management mechanisms for each group of products and goods, including:
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High-risk products and goods must apply mandatory traceability mechanisms to enhance the ability to control, recall, and address risks when they arise;
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Medium- and high-risk products and goods must display warning information on labels to ensure that consumers are provided with adequate necessary information;
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Medium- and high-risk products and goods that are new or first introduced into the Vietnamese market must undergo safety assessment prior to circulation;
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Strengthened inspection of imported goods with risk levels, particularly in the context of deep integration and increased cross-border trade.
This approach reduces compliance burdens for low-risk products while enhancing control over products that may pose risks to health, safety, and the environment.
2.2. Establishment of a National Database on Standards, Metrology and Quality
Decree 37 assigns the Ministry of Science and Technology to develop, manage, and operate a national database on standards, metrology, and quality to serve management, supervision, and information sharing among competent authorities.
Unlike the previously fragmented management model, the national database aims to centralize, standardize, and interconnect information among regulatory authorities.
This will serve as an important tool for tracking compliance history, inspection and testing results, as well as risk assessments of products, goods, and enterprises. In the long term, this database may become a critical basis for post-market inspection and compliance evaluation.
2.3. Development of a Digital Software System for Receiving and Recording Product and Goods Quality Assessments
Alongside the database system, Decree 37 provides for the development of a digital platform to manage the national quality infrastructure. Enterprises, individuals, and state authorities are entitled to access information, provide feedback, and submit data through this platform.
This provision clearly reflects the trend toward expanding social participation in quality supervision, thereby enhancing transparency and preventing violations. From a legal perspective, feedback, warnings, and data recorded on the digital platform may serve as grounds for competent authorities to conduct inspections, post-market surveillance, or apply enforcement measures in accordance with regulations.
2.4. Development of a Product and Goods Traceability System
Decree 37 supplements provisions on the use of traceability codes and digital traceability technologies, allowing enterprises to proactively select technological solutions while ensuring full compliance with regulatory requirements.
In addition, Decree 37 tightens standards applicable to traceability systems, requiring compliance with applicable standards and technical regulations; where national technical regulations exist, conformity declaration procedures must be carried out in accordance with regulations.
Compared with Decree No. 74/2018/ND-CP, Decree 37 expands and standardizes traceability data, identifies such data as a source for post-market inspection by state authorities, and prescribes mandatory minimum information sets. Notably, high-risk products and goods must connect and share data with the National Traceability Portal, marking a transition toward centralized data management and increased compliance obligations for enterprises.
3. Key Quality-Related Issues That Enterprises Should Pay Particular Attention To
3.1. Promotion and Application of Electronic Labels and Digital Product Passports
While previous regulations primarily governed physical labels, Decree 37 officially recognizes electronic labels as a lawful form of information display and strongly encourages the transition from physical labels to electronic labels and digital product passports. Enterprises may use electronic labels to display all mandatory information, except where sector-specific laws require compulsory physical labeling.
A digital product passport is defined as a collection of data regarding a product’s origin, quality, and circulation process. It must be established in electronic data form, with truthful and complete declarations, timely updates, and ensured connectivity with the National Traceability Portal. Decree 37 permits enterprises to use digital product passports in lieu of electronic labels where the passport satisfies all mandatory labeling content requirements.
3.2. Strengthened Post-Market Inspection for Enterprises with Risk or Signs of Violations
Decree 37 emphasizes enhanced post-market inspection and supervision, particularly for high-risk activities and entities, including:
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Accreditation, conformity assessment, verification, calibration, and testing of measuring instruments and measurement standards;
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Enterprises applying management systems in accordance with standards but showing signs of legal violations;
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Products and goods subject to warning information from WTO member countries, international organizations, or mass media regarding signs of legal violations.
This approach reflects a shift from widespread inspection to risk-based, information-driven post-market surveillance, aligning more closely with Vietnam’s commitments within the WTO framework.
3.3. Public Disclosure of Violations Across the Market
Another noteworthy new provision of Decree 37 is the requirement to publicly disclose, on the national database on standards, metrology and quality, as well as through mass media, the list of organizations and individuals in violation, in order to warn society and protect consumer interests.
Such disclosure not only serves as a deterrent and consumer protection mechanism, but also creates significant compliance pressure for enterprises. In practice, the risk of public disclosure may result in reputational damage, brand impact, and adverse commercial consequences beyond purely administrative sanctions.
Decree 37 takes effect from 23 January 2026.
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