Circular No. 04/2001/TT-BTM dated February 22, 2001 of the Ministry of Trade guiding the implementation of the Prime Minister’s Directive No. 28/2000/CT-TTg dated December 27, 2000 on the implementation of the regulation on goods labeling, issued together with Decision No. 178/1999/QD-TTg dated August 30, 1999

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER’SDIRECTIVE NO. 28/2000/CT-TTG OF DECEMBER 27, 2000 ON THE IMPLEMENTATION OF THEREGULATION ON GOODS LABELING, ISSUED TOGETHER WITH DECISION NO. 178/1999/QD-TTGOF AUGUST 30, 1999

To ensure the serious and effective implementation of the Regulation ongoods labeling, issued together with the Prime Ministers Decision No.178/1999/QD-TTg of August 30, 1999 (hereinafter called the Goods LabelingRegulation) and overcome problems and obstacles in time, on December 27, 2000the Prime Minister issued Directive No. 28/2000/CT-TTg on the goods labeling(hereinafter called Directive 28), the Ministry of Trade hereby provides thefollowing guidance:

1. The State management bodies shall intensify the inspection andcontrol of the implementation of the Goods Labeling Regulation regarding thelabeling of goods circulated on the market and handle violations thereof underthe following guidance:

a/ The inspection and control of goods labeling

The inspection of the implementation of the Goods Labeling Regulationshall be that of the observance of regulations on label forms (such as the wayof inscription on goods, commercial packings, auxiliary labels, accompaniedintroduction documents, used language) and on the label contents (compulsoryand optional). The inspection of label forms and contents must comply with theGoods Labeling Regulation issued together with the Prime Ministers decisionsand the concerned ministries and branches circular guiding the implementationthereof.

The inspection and control of the goods labeling must be conducted stepby step, focusing first on key contents and areas and clearly determining thesubjects, places and goods items to be supervised. Inspection should be focusedon at goods-delivery points such as wholesale markets, supermarkets, tradecenters, etc. The objects of inspection shall be production and businessindividuals, organizations and enterprises goods being circulated on themarket. Attention shall be paid to such commodity groups as foodstuffs;curative medicines for men; cosmetics; preventive and curative drugs foranimals and plants; fertilizers; cement and other construction materials;engine lubricants, etc.

It is necessary to inspect also the printing and import of goods labelsnot compliant with the Goods Labeling Regulation. Not to abuse the inspectionand control to harass and trouble production and business establishments anddisturb the market.

b/ On the handling of violations of the Goods Labeling Regulation

The inspection of goods labeling aims, first of all, to urge, remind andguide the implementation of the Goods Labeling Regulation. Only cases ofviolation specified in the Governments current decrees on the handling ofadministrative violations in other fields related to the Goods LabelingRegulation shall be handled. The inspection and handling of goodslabeling-related violations must be conducted according to the competence,order and procedures currently prescribed by law. Any problems arising duringthe inspection of the implementation of the Goods Labeling Regulation and theviolation handling at establishments and in localities must be promptlyreported to the Ministry of Trade for consideration and handling guidance.

2. For old goods labels printed prior to January 1, 2001, if stillunused, they shall be handled as follows:

These old labels must be declared, checked and certified by competentbodies, which shall serve as basis for the handling of administrativeviolations.

The competence to organize and guide the checking and certification:

a/ For Corporations 90 and 91 and enterprises of ministries and branchesat the central level:

The ministries and branches shall assign the general directors(directors) of such enterprises to guide the declaration, checking andcertification of the quantities of old labels of all kinds of goods, which havebeen actually left unused till the time of declaration, according to the setform, and send the completed forms to the managing ministries and branches forcertification.

b/ For Corporations 90 and enterprises of provinces and centrally-runcities:

The Peoples Committees of the provinces and centrally-run cities shallassign the general directors (directors) of such enterprises to guide thedeclaration, checking and certification of the quantities of old labels of allkinds of goods, which have been actually left unused till the time ofdeclaration, according to the set form, and send the completed forms to themanaging provincial/municipal services and branches for certification. Inlocalities without specialized provincial/municipal services, they shall besent to the provincial/municipal Trade Services.

c/ For foreign-invested enterprises in industrial parks, exportprocessing zones and high-tech parks:

Only old labels which shall be permitted to be imported and consumed onthe domestic market shall be declared, checked and certified.

The heads of the industrial parks management boards of the provinces andcentrally-run cities shall assign the general directors (directors) of suchenterprises to guide the declaration, checking and certification of thequantities of old labels of all kinds of goods, which have been actually leftunused till the time of declaration, according to the set form, and send thecompleted forms to the local industrial parks management boards forcertification.

d/ For foreign-invested enterprises outside industrial parks, exportprocessing zones and high-tech parks:

The provincial/municipal Trade Services shall assign the generaldirectors (directors) of such enterprises to guide the declaration, checkingand certification of the quantities of old labels of all kinds of goods, whichhave been actually left unused till the time of declaration, according to theset form, and send the completed forms to the provincial/municipal TradeServices for certification.

The general directors (directors) of enterprises shall be responsiblebefore law for the truthfulness of their written declarations andcertifications. The managing ministries and branches at the central level, themanaging provincial/municipal Services and branches in localities, theindustrial parks, export processing zones and high-tech parks management boardsmay check the truthfulness of such declarations before making officialcertification. The State management bodies that make certification in thedeclarations shall be responsible before law for their certification.

The declaration, checking and certification of unused old goods labelsmust be completed before May 31, 2001.

3. Auxiliary labels in Vietnamese with information contents that oldgoods labels still lack under the provisions of the Goods Labeling Regulationmust be added so that the goods, both home-made and imported, may continue tobe circulated. Where auxiliary labels cannot be affixed, they may be pinned,stuck or accompanied to the goods for supply to purchasers.

4. For goods made in Vietnam for export, in the immediate future, ifforeign customers request particular labels therefor, the customs offices shallstill clear the customs procedures provided that such goods labels must beinscribed with "Made in Vietnam" or "Product of Vietnam";other contents may be inscribed at the importing customers’ request. Theinspecting bodies must not examine and check the labeling of export goods forwhich customs procedures have been cleared.

5. In implementing the Prime Ministers Directive No. 28/2000/CT-TTgissued on December 27, 2000, the Ministry of Trade requests the ministries,branches and Peoples Committees of the provinces and centrally-run cities toreport on the situation of the implementation of the Goods Labeling Regulationafter each inspection drive and every quarter to the former for sum-up andreporting to the Prime Minister and seeking for guiding opinions to tackleproblems and difficulties.-