MINISTRY OF SOCIALIST REPUBLIC OF VIETNAM

SCIENCE AND Independence - Freedom - Happiness

TECHNOLOGY ---------------
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No. 09/2019/TT-BKHCN Hanoi, September 30, 2019
 

CIRCULAR

PROMULGATING NATIONAL TECHNICAL REGULATION ON SAFETY OF TOYS

Pursuant to the Law on Technical Regulations and Standards dated June 29, 2006;

Pursuant to the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007 detailing the
implementation of a number of Articles of the Law on Technical Regulations and Standards and the
Government’s Decree No. 78/2018/ND-CP dated May 16, 2018 amending a number of Articles of
Decree No. 127/2007/ND-CP;

Pursuant to the Government’s Decree No. 95/2017/ND-CP dated August 16, 2017 on functions, tasks,
powers and organizational structure of the Ministry of Science and Technology;  

At the request of the Director General of the Directorate for Standards, Metrology and Quality and the
Director General of the Department of Legal Affairs;

The Minister of Science and Technology hereby promulgates a Circular promulgating the national
technical regulation on safety of toys.

Article 1. Promulgated together with this Circular is the national technical regulation on safety of toys
(QCVN 03:2019/BKHCN).

Article 2. Effect

1. This Circular comes into force from December 31, 2019.

2. Circular No. 18/2009/TT-BKHCN dated June 26, 2009 by the Minister of Science and Technology
on national technical regulation on safety of toys is annulled starting from the entry into force of this
Circular.

Article 3. Transitional clauses

Toys put on the domestic market in compliance with regulations of Circular No. 18/2009/TT-BKHCN
dated June 26, 2009 by the Minister of Science and Technology on national technical regulation on
safety of toys before December 31, 2020 may continue to be sold until the end of December 31, 2021.

Article 4. Roadmap for application

1. Starting from January 01, 2021, toys imported and manufactured domestically must meet the
requirements provided for in Section 2 of QCVN 03:2019/BKHCN before they are sold on the market.

2. Toy manufacturers and importers are encouraged to comply with regulations of QCVN
3:2019/BKHCN starting from the date on which this Circular comes into force.

Article 5. Implementation

1. Director General of Directorate for Standards, Metrology and Quality shall provide guidelines for
and organize implementation of this Circular.

2. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, chairpersons of

People’s Committees of provinces and central-affiliated cities and relevant organizations and
individuals shall implement this Circular.

3. During the implementation of this Circular, any difficulty arising should be promptly reported in
writing to the Ministry of Science and Technology for guidance or amendment./.

  P.P. THE MINISTER

THE DEPUTY MINISTER

Tran Van Tung

 

QCVN 3:2019/BKHCN

NATIONAL TECHNICAL REGULATION ON SAFETY OF TOYS

Preface

QCVN 3:2019/BKHCN supersedes QCVN 3:2009/BKHCN.

QCVN 3:2019/BKHCN is formulated by the drafting board for the national technical regulation on
safety of toys, proposed by Directorate for Standards, Metrology and Quality for approval and
promulgated together with Circular No. ……. /2019/TT-BKHCN dated [date] by the Minister of
Science and Technology.

NATIONAL TECHNICAL REGULATION ON SAFETY OF TOYS

1. GENERAL PROVISIONS
1.1 Scope

This technical regulation provides for safety requirements for toys, corresponding testing methods and
requirements for quality control of toys domestically manufactured, imported and sold on the market.

1.2. Regulated entities

This technical regulation is applicable to organizations and individuals manufacturing, importing,

distributing and retailing toys, regulatory bodies and other relevant organizations and individuals.

1.3 Interpretation of terms

For the purposes of this technical regulation, the terms below shall be construed as follows:

1.3.1 "toy” refers to any product or material designed or defined in a manner that is meant to be played
with by children under 16 years old.

The products mentioned in Appendix I of this technical regulation are collectively referred to as “toys”.

The products mentioned in Appendix II are not regulated by this technical regulation.

1.3.2 “type of toys” means toys that have the same function, structure and design and are produced
using the same material(s).

1.3.3 “batch/shipment" means a group of a certain amount of toys that have the same name, use, make,
model and specifications and are produced by the same manufacturing establishment or included in the
same import dossier.

“model” and “specifications” in the abovementioned definition shall be identified based on one or more
than one of the following basic criteria:

a) By main material of the toy: stuffed toys, squishy toys, plastic toys, wooden toys, metal toys, etc.

b) By coating material: paint, varnish, resin from lacquer tree, printing ink, polymer, etc.

c) By main feature of the toy:

- Physical-mechanical properties

- Whether the toy is powered by electricity

2. TECHNICAL PROVISIONS

2.1 Safety requirements for toys

2.1.1 Safety requirements concerning mechanical and physical properties

Safety requirements concerning mechanical and physical properties are provided for in TCVN 6238-
1:2017 (ISO 8124-1:2014), Safety of toys - Part 1: Safety aspects related to mechanical and physical
properties.

2.1.2 Safety requirements concerning flammability

Safety requirements concerning flammability are provided for in TCVN 6238-2:2017 (ISO 8124-
2:2014), Safety of toys - Part 2: Flammability

2.1.3 Safety requirements concerning chemical properties

2.1.3.1 Migration of certain elements

Requirements for migration of certain elements are provided for in TCVN 6238-3:2011 (ISO 8124-
3:2010), Safety of toys - Part 3 : Migration of certain elements.

2.1.3.2 Limit values for toxic organic compounds

2.1.3.2.1 Liquids in toys

Accessible liquids in toys shall have a pH value of fewer than 3,0 or more than 10,0. This requirement
is not applicable to inks in writing utensils.

2.1.3.2.2 Formaldehyde in toys for children under 3 years of age

Accessible parts of textiles in toys must not contain more than 30 mg/kg of formaldehyde.

Accessible parts of paper in toys must not contain more than 30 mg/kg of formaldehyde.

Accessible parts of glued wood in toys must not contain more than 80 mg/kg of formaldehyde.

2.1.3.2.3 Phthalate in toys

Toys shall not contain di(2-ethylhexyl)phthalate (DEHP), dibutyl phthalate (DBP) or benzyl butyl
phthalate (BBP) at a concentration exceeding 0,1% by weight.

Toys that can be put into the mouth shall not contain diisononyl phthalate (DINP), diisodecyl phthalate
(DIDP) or di-n-octyl phthalate (DNOP) at a concentration exceeding 0,1% by weight.

2.1.3.2.4 Aromatic amines in toys

Permitted levels for content of aromatic amines (including derivatives of azo dyes in samples) in toy
materials or components are provided for in Table 1.

Toy materials and components to which limit values for aromatic amines are applicable are provided
for in Table 2.

Table 1 - Limit values for aromatic amines

 Name of compound CAS number Maximum permitted level (mg/kg)
Benzidine 92-87-5 5
2-Naphthylamine 91-59-8 5
4-Chloroaniline 106-47-8 5
3.3’-Dichlorobenzidine 91-94-1 5
3,3’-Dimethoxybenzidine 119-90-4 5
3.3’-Dimethylbenzidine 119-93-7 5
o-Toluidine 95-53-4 5
2-Methoxyaniline (o-Anisidine) 90-04-0 5
Aniline 62-53-3 5
Table 2 - List of toys/toy components to which regulations on aromatic amines are applicable

Type of toys/toy components Material

Accessible toy components or toys of 150 g or lighter that are designed for Wood
children under 3 years of age and can be held by hand during play Paper

Accessible toy components or toys designed for children under 3 years of Textiles
age Leather
Wood
Components that are put into mouth of toys activated by mouth
Paper
Textiles
Nose or mouth cover toys
Paper
Solid materials used to produce toys intended to leave marks All
Accessible liquids with color in toys Liquids
Modelling clay and clay used for play or other similar types, excluding
chemical toys (chemicals) provided for in TCVN 6238-5:1997 (EN 71- All
5:1993)
Substances making balloons float All
Temporary tattoos used as toys All
2.1.3.3 Besides the requirements stated in Points 2.1.3.1 and 2.1.3.2 herein, toys are subject to limit
values for other toxic substances provided for in relevant documents.

2.1.4 Safety requirements for electric toys

Toys shall not be powered by electricity of a nominal voltage exceeding 24 V and their components
shall not have a nominal or instantaneous voltage exceeding 24 V.
Toy components connected to or might come into contact with a power source of a nominal voltage
exceeding the abovementioned limit as well as wires/cables connected to such components must be
properly insulated and protected to prevent electrical risk.

2.2 Labeling requirements

Toys must be labeled according to applicable regulations. Information written on toy labels must be
legible, hard to erase manner and in compliance with regulations of the Government’s Decree No.
43/2017/ND-CP dated 14/4/2017 on goods labels and relevant legislative documents.

3. TESTING METHODS

3.1 Testing for compliance with safety requirements concerning mechanical and physical
properties

Test for compliance with safety requirements concerning mechanical and physical properties according
to TCVN 6238-1:2017 (ISO 8124-1:2014), Safety of toys - Part 1: Safety aspects related to mechanical
and physical properties.

3.2 Testing compliance with safety requirements concerning flammability

Test for compliance with safety requirements concerning flammability according to TCVN 6238-
2:2017 (ISO 8124-2:2014), Safety of toys - Part 2: Flammability

3.3 Testing for compliance with safety requirements concerning chemical properties

- Test for compliance with requirements for migration of certain elements according to TCVN 6238-
3:2011 (ISO 8124-3:2010), Safety of toys - Part 3 : Migration of certain elements.

- Determine pH value of liquids according to TCVN 8317-9:2010 (ISO 787-9:1981), General methods
of test for pigments and extenders - Determination of pH value of an aqueous suspension.

- Determine formaldehyde content in accessible textiles in toys according to TCVN 7421-1:2013 (ISO
14184-1:2011), Textiles - Determination of formaldehyde - Part 1: Free and hydrolysed formaldehyde
(water extraction method).

- Determine formaldehyde content in accessible paper parts of toys according to TCVN 8307:2010 (EN
645:1993), Paper and board intended to come into contact with foodstuffs - Preparation of a cold
water extract; and TCVN 8308:2010 (EN 1541:2001), Paper and board intended to come into contact
with foodstuffs - Determination of formaldehyde in an aqueous extract.

- Determine formaldehyde content in accessible parts of glued wood in toys according to TCVN 8330-
3:2010 (ISO 717-3:1996), Wood-based panels - Determination of formaldehyde release - Part 3:
Formaldehyde release by the flask method.

- Determine phthalate content in toys according to TCVN 6238-6:2015 (ISO 8124-6:2014), Safety of
toys - Part 6: Certain phthalate esters in toys and children's products.
- Determine content of some aromatic amines in toy materials according to TCVN 6238- 10:2010 (EN
71-10:2005), Safety of toys - Part 10: Organic chemical compounds - Sample preparation and
extraction; and TCVN 6238-11:2010 (EN 71-11:2005), Safety of toy - Part 11: Organic chemical
compounds - Methods of analysis.

4. MANAGEMENT PROVISIONS

4.1 Toys regulated by this technical regulation must make a declaration of conformity with the
technical regulations in Section 2 of this technical regulation, bear the conformity marking (CR mark)
and be affixed with a label before they are sold on the market.

4.2 For domestically manufactured toys, a declaration of conformity in compliance with regulations of
Circular No. 28/2012/TT-BKHCN and Circular No. 02/2017/TT-BKHCN is required.

4.3 For imported toys, registration for inspection of quality of imports according to regulations of
Circular No. 27/2012/TT-BKHCN and Circular No. 07/2017/TT-BKHCN is required.

4.4 Declaration of conformity

4.4.1 Declaration of conformity for toys must be prepared based on conformity assessment results
given by a certification body that has registered its certification services according to regulations of
Decree No. 107/2016/ND-CP and Decree No. 154/2018/ND-CP or recognized according to regulations
of Circular No. 27/2007/TT-BKHCN.

4.4.2 Certification of conformity

a) For domestically manufactured toys:

- Certify conformity of these toys using Method 5 “Testing of representative samples and assessment of
the manufacturing process; supervision by testing samples collected from the place of manufacturing or
the market in association with assessment of the manufacturing process” at the manufacturing
establishment.

Or:

- Certify conformity of these toys using Method 7 “Testing of representative samples, assessment of
conformity of products/goods batches/shipments” at the manufacturing establishment in case the
manufacturing establishment fails to satisfy quality assurance requirements of Method 5.

b) For imported toys:

- Certify conformity of these toys using Method 7 “Testing of representative samples, assessment of
conformity of products/goods batches/shipments” for any shipment the conformity of which is not
certified using Method 5 provided for in this technical regulation.

Or:
- Certify conformity of these toys using Method 5 at the overseas manufacturing establishment at the
request of the overseas manufacturing establishment according to regulations in Point a) Section 4.4.2.

4.4.3 Tests for certification purpose must be conducted by designated testing bodies according to
regulations of Decree No.107/2016/ND-CP and Decree No. 154/2018/ND-CP or recognized according
to regulations of Circular No. 27/2007/TT-BKHCN. Scope of services offered by these testing bodies
shall encompass the requirements provided for in this technical regulation.

4.4.4 A certificate of conformity shall be valid for no more than 3 years.

4.4.5 Use of conformity marking

The conformity marking must be used in compliance with Clause 2 Article 4 of “Regulations on
certification of standard conformity, certification of technical-regulation conformity, declaration of
standard conformity and declaration of technical-regulation conformity” promulgated together with
Circular No. 28/2012/TT-BKHCN.

4.5 Procedures and application for registration of declaration of conformity

Procedures and application for registration of declaration of conformity for toys domestically
manufactured and imported are provided for in Circular No. 28/2012/TT-BKHCN and Circular No.
02/2017/TT-BKHCN.

5. RESPONSIBILITIES OF BODIES AND INDIVIDUALS

5.1 Toy manufacturers and traders must ensure that the quality of their toys is in compliance with
regulations of the Law on Product and Goods Quality.

5.2 Toy manufacturers and traders shall adhere to the requirements provided for in Section 2 and
comply with regulations in Section 4 of this technical regulation.

5.3 After receiving the certificate of conformity, each toy manufacturer shall register its declaration of
conformity with the sub-directorate for standard, metrology and quality or competent authority of the
location where it registered its business according to regulations of Circular No. 28/2012/TT-BKHCN
and Circular No. 02/2017/TT-BKHCN.

5.4 After receiving the certificate of conformity, each toy importer shall apply to an inspecting
authority for quality inspection according to regulations of Circular No. 27/2012/TT-BKHCN and
Circular No. 07/2017/TT-BKHCN.

5.5 Toy importers shall present evidence that their products conform to this technical regulation upon
request or inspection according to regulations applicable to goods sold on the market.

5.6 Toy distributors and retailers must ensure that their products have a certificate of conformity,
conformity marking and labels in accordance with applicable regulations.

6. IMPLEMENTATION
6.1 Directorate for Standards, Metrology and Quality shall provide guidelines for implementation of
this technical regulation and inspect such implementation.

Based on management requirements, Directorate for Standards, Metrology and Quality shall propose
amendments to this technical regulation to the Ministry of Science and Technology as appropriate to
actual situation.

6.2 In case the legislative documents cited herein are amended or superseded, the newest ones shall
apply. Directorate for Standards, Metrology and Quality shall provide guidelines in case the standards
or HS codes cited herein are amended or replaced.

APPENDIX I

LIST OF TOYS SUBJECT TO REQUIREMENTS OF THIS TECHNICAL REGULATION

No. Description HS code

1 Tricycles, scooters, pedal cars and similar wheeled toys; dolls' carriages; 9503.00.10
2 Dolls, whether or not dressed; 9503.00.21
Parts and accessories: Garments and garment accessories; footwear and
3 9503.00.22
headgear
4 Other 9503.00.29
5 Electric trains, including tracks, signals and other accessories therefor 9503.00.30
Reduced size ("scale") models and similar recreational models, working
6 9503.00.40
or not
Other construction sets and constructional toys, of materials other than
7 9503.00.50
plastics
8 Stuffed toys representing animals or non-human creatures 9503.00.60
9 Puzzles of all kinds 9503.00.70
Numerical, alphabetical or animal blocks or cut-outs; word builder sets;
10 word making and talking sets; toy printing sets ; toy counting frames 9503.00.91
(abaci); toy sewing machines; toy typewriters
11 Skipping ropes 9503.00.92
12 Marbles 9503.00.93
13 Other toys of rubber 9503.00.94
14 Other 9503.00.99
 

APPENDIX II
 LIST OF PRODUCTS NOT CONSIDERED AS TOYS AND TOYS NOT REGULATED BY THIS
TECHNICAL REGULATION

1. Bicycles, except for those considered to be toys, i.e. those having a maximum saddle height of 435
mm;

2. Slingshots;

3. Darts with metal points;

4. Home and public playground equipment;

5. Compressed air- and gas-operated guns and pistols;

6. Kites (except for the electric resistance of their strings, which is provided for in TCVN 6238-1:2017
(ISO 8124-1:2014));

7. Model kits and hobby and craft items not designed for play;

8. Sporting goods and equipment, camping goods, athletic equipment, musical instruments and
furniture; however, toys which are their counterparts are regulated by this technical regulation;

It is recognized that there is often a fine distinction between, for example a musical instrument or a
sporting item and its toy counterpart. The intention of the manufacturer or distributor, as well as normal
use and reasonably foreseeable abuse, determines whether the item is a toy counterpart or not;

9. Models of aircraft, rockets, boats and land vehicles powered by combustion engines; however, toys
which are their counterparts are regulated by this technical regulation;

10. Collectible products not intended for children under 16 years of age;

11. Holiday decorations;

12. Aquatic equipment intended to be used in deep water, swimming-learning devices and flotation aids
for children such as swim-seats and swim-aids;

13. Toys installed in public places (e.g. arcades and shopping centers);

14. Puzzles having more than 500 pieces or without a picture, for specialists;

15. Fireworks including percussion caps, except percussion caps specifically designed for toys;

16. Products containing heating elements intended for use under the supervision of an adult in a
teaching context;

17. Vehicles with steam engines;

18. Video toys that can be connected to a video screen and operated at a nominal voltage greater than
24 V;

19. Babies' pacifiers (dummies);

20. Faithful reproduction of firearms;

21. Electric ovens, irons or other functional products operated at a nominal voltage greater than 24 V;

22. Bows for archery with an overall relaxed length exceeding 120 cm;

23. Fashion jewellery for children.

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