Summary of Vietnam Circular No. 36/2026/TT-BKHCN
Issued by the Ministry of Science and Technology (MOST) on June 30, 2026, Circular No. 36/2026/TT-BKHCN establishes the revised list of products and goods classified as high-risk (Group 2) and medium-risk. This regulation serves as the primary legal framework for implementing quality management, conformity assessment, and state inspection requirements for products circulating in the Vietnamese market, including a wide range of radio and telecommunications terminal equipment.
Scope and Impact on Radio Device Certification
The regulation significantly impacts manufacturers and importers of ICT equipment by categorizing devices into two management groups based on their risk level. Radio devices listed in Appendix I (High Risk) and Appendix II (Medium Risk) must undergo mandatory conformity assessment procedures—either through certification by a designated body or self-declaration—to ensure compliance with National Technical Regulations (QCVN).
Permitted Radio Bands and Technical Parameters
The Circular references several radio frequency bands and associated technical standards for devices managed under MOST. Key designations include:
Mobile Communication (5G/4G/3G/2G): Includes base stations and terminal devices. Specifically, 5G devices must comply with QCVN 127:2021/BTTTT (Standalone) and QCVN 129:2021/BTTTT (Non-Standalone).
Wi-Fi and Wireless Access Systems:
2.4 GHz Band (2400 MHz – 2483.5 MHz): Power limit 60 mW to 200 mW EIRP.
5 GHz Band (5150 MHz – 5850 MHz): Power limit ≥ 60 mW EIRP.
6 GHz Band (5925 MHz – 6425 MHz): Managed under QCVN 136:2025/BKHCN effective from January 1, 2027.
Low Power Wide Area Network (LPWAN): Operates in the 920 MHz – 923 MHz and 433.05 MHz – 434.79 MHz bands.
Short Range Devices (SRD): General purpose devices operating across various bands from 9 kHz to 40 GHz and above.
RFID: Designated bands include 13.553 MHz – 13.567 MHz and 920 MHz – 923 MHz (with power > 500 mW ERP for electronic toll collection).
Wireless Audio: Includes wireless microphones and speakers operating in various bands such as 40.66 – 40.7 MHz, 87 – 108 MHz, and 470 – 694 MHz.
Exemptions and Restrictions
The Circular outlines specific technical thresholds where certain regulations do not apply:
- Radio devices with an Effective Isotropic Radiated Power (EIRP) of less than 60 mW are generally exempt from certain high-risk management requirements (specifically for 2.4 GHz, 5 GHz, 6 GHz, Bluetooth, and Zigbee).
- Equipment intended for explosive atmospheres (explosion-proof) is excluded from the scope of specific ICT standards under this Circular.
- Radio devices used in the field of atomic energy (e.g., radiation equipment) are managed under the Law on Atomic Energy rather than these specific ICT conformity assessments.
In-Country Testing and Conformity Assessment
Conformity assessment must be based on test results from accredited or MOST-designated testing laboratories. The assessment procedures follow specific "Methods" (Modes):
High-Risk Goods (Appendix I): Typically require Method 5 (Factory audit and sample testing) or Method 7 (Lot-based inspection). Results must be certified by a designated certification body.
Medium-Risk Goods (Appendix II): Certification or self-assessment may be used as a basis for the declaration of conformity.
In-country testing: Testing must be performed according to the relevant QCVN standards listed in the Annexes. For mobile devices, specific requirements for Total Radiated Power (TRP) and Total Isotropic Sensitivity (TIS) may be waived for certain technologies like GSM or specific conditions in QCVN 117:2023/BTTTT.
Labeling Requirements
Devices must comply with Vietnam's general labeling regulations for electronic goods. Upon successful conformity assessment, devices must bear the ICT conformity mark (CR mark) as evidence that the product meets the national technical requirements before being placed on the market.
Superseded Regulations
This Circular replaces and consolidates several previous regulations to streamline management under MOST, including:
Circular No. 29/2025/TT-BKHCN: Regarding the list of potentially unsafe products in the ICT sector.
Circular No. 30/2011/TT-BTTTT: (And its amendments 15/2018/TT-BTTTT and 10/2020/TT-BTTTT) regarding conformity certification and declaration for ICT products.
Circular No. 01/2009/TT-BKHCN: Regarding the list of potentially unsafe products under MOST management.
Circular No. 36/2026/TT-BKHCN takes full effect on July 1, 2026. Certificates issued prior to this date remain valid until their expiration.
