Authority to License Digital Technology Testing

Authority to License Digital Technology Testing plays a key framework role for innovation activities in Vietnam. Mastering the procedures helps organizations operate according to legal rules. Long Phan Consulting Company will provide detailed information on the operating mechanism of this activity in the following article.

The goal of testing products and services that utilize digital technology

According to Article 13 of Decree 353/2025/ND-CP, the objectives include:

• Exemption: Organizations and enterprises participating in testing are exempt from complying with certain legal regulations for a limited time, space, and scope.
• Innovation: Encourage innovation and promote the “smartization” of industries and fields.
• Evaluation: Create a testing environment to evaluate features, risks, costs, and benefits of new products and services.
• Risk Control: Control and limit potential risks when applying new products and services.
• Legal Adjustment: Testing results serve as a basis for state agencies to review and evaluate potential risks before deciding to adjust relevant legal regulations to put new products and services into use and provide them to the market.

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What are the conditions and criteria for digital technology products and services in controlled trials as stipulated in Decree 353/2025/ND-CP?

Based on Article 15 of Decree 353/2025/ND-CP, the conditions and criteria include:

1. Nature: Must be a product/service applying digital technology, formed through convergence, integration, or combination of digital technologies with each other or with products/services of other industries.
2. Legal Gap: The use of this product/service is unregulated by law or differs from current legal regulations, leading to the inability to deploy.
3. Risk Management: The proposing organization/enterprise has built a plan for managing, remedying risks, and protecting the interests of participants and related parties during testing.
4. Innovation Value: The use of this product/service has innovative nature, is capable of bringing benefits, added value, and promoting technology development.

The competent authority grants licenses for testing products and services using digital technology

According to Article 16 of Decree 353/2025/ND-CP:

1. Provincial/City People’s Committees: Receive, coordinate with specialized ministries/agencies to review and decide on licensing when the testing space, scope, and subjects are limited to one or several areas/localities or the entire area within their management scope.
2. Ministries/Ministerial-level Agencies/Ministry of National Defense: Receive, coordinate with related agencies to review and decide on licensing for products/services under their management sector when the testing space, scope, and subjects are limited to some areas/localities or the entire area belonging to 02 or more provinces.
3. Prime Minister: Decides in cases of difficulty or obstacles regarding licensing authority (upon reporting by Ministries/Provincial People’s Committees).
4. Data Products/Services: Licensing authority follows the law on data.

Rights and responsibilities of the competent authority granting licenses for testing products and services using digital technology

According to Article 21 of Decree 353/2025/ND-CP, the competent authority has the following rights and responsibilities:

• Inspection & Assessment: Organize periodic or unexpected inspections; assess implementation status and risk control measures; prioritize online monitoring.
• Request Measures: Request additional risk control measures when there is a risk of safety incidents; request reports/explanations on arising issues.
• Decisions: Consider and decide on licensing, extension, suspension, continuation, plan adjustment, early termination, and certification of testing completion.
• Result Determination: Evaluate and determine post-testing results to decide on certification or extension.
• Complaint Handling: Receive and resolve recommendations/reflections from participants or third parties.
• Legal Proposal: Propose plans to perfect legal regulations related to the tested products/services if necessary.
• Liability Exemption: Be exempt/excluded from liability according to Article 22 of the Law on Science, Technology and Innovation 2025.

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Long Phan Consulting Company provides consulting services on testing products and services using digital technology

With a team of experienced experts, Long Phan Consulting Company is ready to accompany our valued clients in carrying out the procedures for obtaining technology testing permits. Our services include:

• Providing advice on meeting the criteria for testing products and services using digital technology.
• Assisting in conducting product condition reviews and developing technical documentation.
• We represent our clients in working directly with the relevant regulatory authorities.
• Consulting support helps minimize the risk of application rejection due to missing technical information.
• Support in developing risk management and intellectual property protection strategies during controlled testing.

By choosing Long Phan Consulting Company, you will receive ongoing support from the preparation stage to the completion of the trial process. We are committed to delivering practical value by handling complex legal situations professionally and effectively.

Frequently Asked Questions about Authority to License Digital Technology Testing

Below, Long Phan Consulting provides some frequently asked questions related to authority to license digital technology testing. We invite interested customers to refer to them:

Who are the stakeholders involved in the mechanism for testing products and services using digital technology?

According to Article 14 of Decree 353/2025/ND-CP, the entities involved in the mechanism for testing products and services using digital technology include:

• Organizations and businesses are licensed to conduct controlled testing.
• The competent authority grants permission for controlled testing.
• Organizations and individuals participate in controlled trials.
• Other organizations and individuals involved in controlled testing.

What are the principles for approving organizations and businesses to participate in testing products and services using digital technology?

According to Article 17 of Decree 353/2025/ND-CP, the principles for approving organizations and businesses to participate in the trial are as follows:

• Ensuring the principles of voluntariness and equality among organizations and businesses in participating in and exercising rights and obligations during the testing process.
• Ensure openness and transparency regarding the criteria, conditions, and procedures for evaluating and selecting organizations and businesses to participate in the pilot program.

What are the regulations regarding the testing period for products and services using digital technology?

According to Clause 1, Article 18 of Decree 353/2025/ND-CP, based on the actual situation, the competent authority granting the trial license shall decide on the trial period, but not exceeding 3 years from the date the trial license is granted. The maximum extension period for the trial is 3 years from the date the competent authority granting the trial license allows the extension, and it can only be extended a maximum of once.

After the testing period ends, what will happen to the product?

According to Article 32 of Decree 353/2025/ND-CP:

• Upon completion of the trial within the timeframe stipulated in Clause 1, Article 20 of Decree 353/2025/ND-CP, or upon completion of the trial ahead of schedule in the cases specified in points a and b, Clause 2, Article 20 of Decree 353/2025/ND-CP, the organization or enterprise granted the trial license shall submit a request dossier to the competent authority for consideration and decision on certifying the completion of the trial in accordance with Articles 28 and 29 of Decree 353/2025/ND-CP.
• The competent authority for licensing testing shall issue a Decision certifying the completion of controlled testing of digital technology application products and services as prescribed in Articles 28 and 29 of Decree 353/2025/ND-CP.

What are the regulations regarding the scope and subjects of testing for products and services utilizing digital technology?

According to Clause 3, Article 18 of Decree 353/2025/ND-CP, the scope and subjects of testing are defined as follows: organizations and enterprises licensed to conduct testing are only permitted to provide tested products and services within the scope and subjects specified in the Testing License Decision.

Conclusion

Correctly implementing regulations on the authority to license testing ensures sustainable development for businesses. Clients needing in-depth support to resolve obstacles and complete registration dossiers according to standards should contact Long Phan Consulting Company via Hotline 1900636389 for professional advice.