Skip to main content

Decree 98/2021/ND-CP — Medical Device Management

Decree 98/2021/ND-CP (Nghị định 98/2021/NĐ-CP về quản lý trang thiết bị y tế), issued by the Government of Vietnam on 8 November 2021 and effective from 1 January 2022, is the primary legislative instrument governing medical devices in Vietnam.

Background

Decree 98/2021 replaced Decree 36/2016/ND-CP (as amended) and introduced a streamlined, ASEAN-harmonised framework addressing lessons learned from the earlier legislation. Key improvements included:

  • Introduction of the dual-track Declaration/Registration system
  • Adoption of the ASEAN Type A–D classification framework
  • Introduction of online submission via the DMEC national portal
  • Clearer delineation of responsibilities between MOH, DAV, and provincial health departments
  • Strengthened post-market surveillance and enforcement provisions

Structure of Decree 98/2021

The Decree is organised in chapters covering:

ChapterSubject
Chapter IGeneral provisions — scope, definitions, governing principles
Chapter IIClassification of medical devices
Chapter IIIDeclaration of conformity (Công bố) — Type A/B
Chapter IVMarketing authorisation (Đăng ký lưu hành) — Type C/D
Chapter VImport and export of medical devices
Chapter VIManufacture of medical devices
Chapter VIICirculation and use
Chapter VIIIPost-market surveillance and recall
Chapter IXOrganisation, authority, and responsibilities of MOH, DAV, provincial departments
Chapter XTransitional provisions and entry into force

Key definitions (Chapter I)

Decree 98/2021 defines:

  • Medical device (Trang thiết bị y tế) — as covered in What is a Medical Device?
  • Manufacturer — the natural or legal entity responsible for design, manufacture, packaging, and labelling of a device
  • Authorised Representative (Đơn vị bảo lãnh) — the Vietnamese legal entity appointed by a foreign manufacturer to act on its behalf
  • Importer — the entity that brings a device into Vietnam from abroad
  • Distributor — an entity in the supply chain between manufacturer/importer and end user

Decree 07/2023/ND-CP — amendments

Decree 07/2023/ND-CP, issued 3 March 2023, introduced amendments to Decree 98/2021 addressing:

  • Clarification of transition timelines for devices previously registered under Decree 36/2016
  • Adjustments to specific classification rules
  • Procedural refinements to the DMEC submission process
  • Updated penalty provisions

Always read Decree 98/2021 together with the Decree 07/2023 amendments to understand the current law.

Decree 37/2026/ND-CP — medical device labeling

Decree 37/2026/ND-CP, effective 26 January 2026, governs medical device labeling requirements in Vietnam.

Consolidated Document 08/VBHN-BYT

The Ministry of Health issued Consolidated Document 08/VBHN-BYT on 6 March 2026, merging Decree 98/2021 and Decree 07/2023 into a single consolidated reference text.

Official source

The official consolidated text of Decree 98/2021 (as amended) is available at the Vietnam Legal Document Portal: vbpl.vn and through the MOH website at moh.gov.vn.

Keep up with amendments

Vietnamese regulatory instruments are frequently amended by subsequent decrees and circulars. Subscribe to MOH and DAV notifications and use