What is a declaration of conformity? Why is it necessary to declare conformity?

The following article provides a comprehensive overview of the conformity declaration process in Vietnam - an important procedure that helps businesses manufacturing or importing products ensure compliance with the law, enhance their reputation, and easily bring products to market.

1. Definition of declaration of conformity

According to the Law on Product and Goods Quality No. 05/2007/QH12, declaration of conformity is the act by which a manufacturer notifies that its product complies with technical regulations. However, this law has been enacted for quite a while, and many of its definitions are no longer suitable for current procedures, especially for imported products.

Currently, Circular No. 30/2011/TT-BTTTT (consolidated version 02/2020) defines that conformity declaration is the act of an organization or individual declaring the conformity of a product with technical regulations after conducting a conformity assessment. For imported products, this procedure also applies when the product is imported for self-use.

At ExtendMax, we define conformity declaration as the self-declaration of product compliance with relevant technical regulations, based on the conformity assessment process as prescribed by law.

2. Why is it necessary to make a declaration of conformity?

The procedure for declaring conformity is not only a mandatory requirement of state management agencies to ensure product quality and safety, but also a way to protect consumer rights and create a fair playing field for all businesses. At the same time, this is a way to affirm product quality and enhance business reputation in the market.

3. Subjects required to make conformity declaration

Organizations and individuals that manufacture or import products in group 2 – products that are potentially unsafe – must carry out the procedures for declaring conformity. The list of products in group 2 is regulated in detail by the managing ministries, along with the HS code and product description.

4. Measures to declare conformity

Decree 74/2018/ND-CP details the methods of implementing conformity declaration, including:

• Self-assessment of suitability.
• Certification and inspection by recognized or designated organizations.

However, the current legal document system is not completely synchronized, so businesses need to look up additional guidance circulars from specialized management ministries to know details about conformity declaration measures.

5. Procedure for implementing conformity declaration

5.1. For domestically produced products

• Step 1: Determine applicable technical standards and regulations.
• Step 2: Test products at designated laboratories.
• Step 3: Assess conformity based on test results.
• Step 4: Submit the declaration of conformity to the management agency.
• Step 5: Receive the Notice of acceptance of the declaration of conformity.
• Step 6: Stick the conformity label and bring the product to market.

5.2. For imported goods

• Step 1: Register for state quality inspection for the shipment.
• Step 2: Clearance of imported shipment.
• Step 3: Test the product.
• Step 4: Assess conformity and submit declaration of conformity.
• Step 5: After the application is received, affix the conformity stamp and bring the product to market.

6. Cost of implementing conformity declaration

The cost of conformity declaration includes three main parts:

• Product testing fee according to technical standards.
• Conformity certification fee ranges from VND 2,000,000 to VND 8,000,000 depending on product type.
• The registration fee for conformity declaration is 150,000 VND for each product.

If the business uses consulting services, it is necessary to budget for additional costs for this service.

7. Validity period of the declaration of conformity

The Notice of Acceptance of Declaration of Conformity is valid for 3 years for domestically produced products. For imported goods, the declaration of conformity procedure is only valid for each specific shipment and the importer must re-perform the procedure for the next shipment.

See the full version at ExtendMax website: https://extendmax.vn/cong-bo-hop-quy