Circular No. 05/2019/TT-BKHCN dated June 26, 2019 of the Ministry of Science and Technology, detailing a number of Articles of the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling

CIRCULAR

Detailing a number of Articles of the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling^[1]

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

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

Pursuant to the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling;

At the proposal of the General Director of the Directorate for Standards, Metrology and Quality and Chief of the Department of Legislation;

The Minister of Science and Technology promulgates the Circular guiding a number of articles of the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details a number of articles of the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling (below referred to as Decree No. 43/2017/ND-CP), specifically as follows:

1. Clause 5, Article 3; Article 4; Clauses 2 and 4, Article 7; Clauses 1, 3 and 6, Article 12; Clause 3, Article 14; Clause 1, Article 16; and Clause 5, Article 17;

2. Clauses 5 and 15 of Appendix I; Point 2, Clause 1 and Point 3, Clause 2 of Appendix II; Clause 1 of Appendix III; Point 1, Clause 1 of Appendix IV.

Article 2. Subjects of application

This Circular applies to organizations and individuals producing or trading in goods in Vietnam; goods importers; and related state agencies, organizations and individuals.

Chapter II

CONTENTS AND WAYS OF PRESENTATION OF GOODS LABELS

Article 3. Distinction of commercial packagings of goods and non-commercial packagings of goods (Clause 5, Article 3 of Decree No. 43/2017/ND-CP)

1. The following packagings are non-commercial ones:

a/ Packagings used for storing, transporting and preserving labeled goods;

b/ Shopping bags;

c/ Packagings used for containing bulk goods and retailed goods.

2. The following packagings are required to have accompanying dossiers and documents fully representing compulsory contents in Vietnamese under Decree No. 43/2017/ND-CP and other relevant legal documents to replace goods labels: cargo containers, cargo holds, cisterns for transportation of bulk, liquid or gaseous cargoes without packagings.

For example: Goods being aquatic products in containers (including one or more than one aquatic species in homogenous or heterogenous bulk or block form), one or more than one aquatic species in bulk form in cargo holds, bulk or liquid goods without packagings in cisterns; 

In these cases, goods are not required to be labeled but must have accompanying dossiers and documents fully expressing compulsory contents in Vietnamese under Decree No. 43/2017/ND-CP and other relevant legal documents;

For accompanying dossiers and documents showing information in a foreign language, importers must produce Vietnamese translations of such dossiers and documents.

Article 4. Positions of goods labels (Article 4 of Decree No. 43/2017/ND-CP)

1. Compulsory contents of goods labels may be shown in different positions on goods where such contents can be easily and fully noticed without requiring knock-down of goods’ details or parts. Such compulsory contents constitute part of goods labels.

Example 1: A motorcycle frame number that is embossed on its frame or a VIN number of an automobile that is directly carved on its body are not required to be shown in the same position with compulsory contents but may be in an easily noticeable position without requiring knock-down of goods parts or details. Such contents constitute part of goods labels.

Example 2: The date of manufacture, expiry date or quantity of goods pre-printed on the bottom or barrel of the bottle in an easily noticeable position different from that of other contents of the printed label stuck on the bottle constitutes part of the label.

2. Goods having both interior and exterior packagings

a/ Goods that are marketed and have both interior and exterior packagings and smaller units contained in interior packagings not for retail sale are required to have labels on their exterior packagings.

b/ Goods that are marketed and have both interior and exterior packagings and smaller units contained in interior packagings for retail sale are required to have labels on both exterior and interior packagings.

Example: For a coffee box that contains small packs:

- If only the whole coffee box is sold instead of small packs, the whole coffee box must be labeled;

- If the whole coffee box and individual small packs inside may be sold, both the whole coffee box and individual small packs inside must be labeled;

-  In case of a carton containing fully labeled coffee boxes which can be opened to check coffee boxes inside, such carton is not required to be labeled.

3. In case of transparent exterior packagings through which goods labels inside can be seen, such exterior packagings are not required to be labeled.

Article 5. Languages used on goods labels (Clauses 2 and 4, Article 7 of Decree No. 43/2017/ND-CP)

1. Not all Vietnamese contents presented on goods labels are required to be translated into a foreign language. If Vietnamese contents are translated into another language, translations must be true to the meaning of Vietnamese contents.

2.  Contents other than compulsory contents written in a foreign language must not misrepresent the nature and uses of the goods as well as other contents of the label.

3. International names of countries or territories that cannot be transcribed into Vietnamese or can be transcribed into Vietnamese without any meaning in Vietnamese may be used.

For example: Since the transcribed name of Indonesia or Singapore has no meaning in Vietnamese,  either the original name of Indonesia or Singapore or its transcription of In-do-ne-xi-a or Xinh-ga-po may be used. Meanwhile, the original name of Russia or Germany must be translated into Vietnamese as Nga or Duc.

Article 6. Names and addresses of organizations or individuals responsible for goods (Clauses 1, 3 and 6, Article 12 of Decree No. 43/2017/ND-CP)

1. Proper names of organizations and individuals and geographical names shown on goods labels may not be abbreviated while words for administrative units may be abbreviated.

For example: “commune” (xa in Vietnamese) may be abbreviated as X; “ward” (phuong in Vienamese) as P; “rural district” (huyen in Vietnamese) as H; “urban district” (quan in Vietnamese) as Q; “city” (thanh pho in Vietnamese) as TP; and “province” (tinh in Vietnamese) as T.

2. Labels of goods imported for sale in Vietnam must show names and addresses of manufacturers and importers.

For goods that are manufactured at different manufacturing establishments but bear the same trademark, the name and address of the trademark owner or name and address of the organization or individual responsible for them in Vietnam must be shown on the label if so permitted by the trademark owner, provided the goods manufacturing establishments can be traced when necessary, and/or so requested by a competent management agency, and the origin of goods must be clearly stated on the label.

3. Goods may be divided into smaller units or filled for packaging or bottling when so permitted by their manufacturers and their quality must conform to their manufacturers’ announced quality standards indicated on their original labels.

For example: A goods may be permitted to be divided into smaller units or filled for packaging or bottling under a contract.

The label of goods that are divided into smaller units or filled for packaging or bottling must show the names and addresses of the packaging or bottling organization or individual and manufacturer before they are packaged or bottled.

4.  For goods fully assembled from different parts or components that are imported and/or manufactured from different domestic manufacturing establishments, labels must show names and addresses of organizations and individuals responsible for fully assembled goods, assembling addresses and origin of goods in accordance with the law on identification of origin of goods.

Article 7. Date of manufacture and expiry date shown on goods labels (Clause 3, Article 14 of Decree No. 43/2017/ND-CP)

Date of manufacture and expiry date of goods that are divided into smaller units, filled, charged or repackaged are required to be shown on  their labels under Appendix I to Decree No. 43/2017/ND-CP. A goods label must fully show:

a/ Date of manufacture;

b/ Unabbreviated date of division into smaller units, filling, charging or packaging;

c/ Expiry date.

Article 8. Ingredients shown on goods labels (Clause 1, Article 16 of Decree No. 43/2017/ND-CP)

1. If the name of an ingredient is shown on the goods label for the purpose of attracting attention to the goods, the quantity of such ingredient must also be shown. The quantity of such ingredient is not required to be shown in the labeling position of such ingredient but may be shown in another position on the label.

2. If the goods label expressly states that one or more than one ingredient is absent from, neither contained nor added in the goods, then:

- Such ingredient(s) is/are not found in the goods and materials used to produce the goods;

- The goods does not contain other ingredients of the same group that have nature or uses similar to those of such ingredient(s), unless the nature of the replacement is clearly noted.

Example 1: A goods may be labeled sugar-free if:

- Its ingredients and materials used for its production contain no sugar;

- Its sugar content satisfies Codex standard of “no sugar” or is under or equal to 0.5g/100g (solid) or 0.5g/100g (liquid);

Example 2: For a nutritional product for children who are allergic to cow milk proteins which contains no cow milk proteins but has soybean proteins may be labeled “no cow milk proteins” but must contain a clear note “containing soybean proteins”.

3. Treaties and international standards to which Vietnam is a contracting party and prescibing the level of absence of an ingredient may prevail.

Article 9. Technical specifications and warning information on goods labels (Clause 5, Article 17 of Decree No. 43/2017/ND-CP)

Organizations or individuals responsible for goods shall show nutritional values on goods labels which must be compliant with announced applicable standards and relevant laws.

For a specific nutritional value, the average value of the nutritional value range shall be shown. The average value for nutrition announcement must be the value of average quantity of peculiar values obtained through the analysis of goods samples taken from to-be-labeled goods.

Article 10. Labeling of genetically modified foodstuffs on goods labels (Clause 5 of Appendix I to Decree No. 43/2017/ND-CP)

Point e, Clause 5 of Appendix I to Decree No. 43/2017/ND-CP applies to foodstuffs containing genetically modified organisms and products of genetically modified organisms in which at least one genetically modified ingredient makes up more than five percent (5%) of total materials used to produce such foodstuffs.

Article 11. Labeling of household chemicals (Clause 15 of Appendix I to Decree No. 43/2017/ND-CP)

Point e, Clause 15 of Appendix I to Decree No. 43/2017/ND-CP applies to household chemicals for which circulation registration procedures shall be carried out in accordance with specialized laws.

Article 12. Quantity of goods shown on goods labels (Point 2, Clause 1 and Point 3, Clause 2 of Appendix II to Decree No. 43/2017/ND-CP)

1. The volume units to be shown on goods labels include liter (l), milliliter (ml) and microliter (µl).

For example: On a bottle of water that has a volume of 1,000ml, the goods quantity shall be inscribed as 1,000ml, 1L or 1l.

2. For liquid goods, the goods quantity may be inscribed as “net volume” or “net volume at 20°C”.

Article 13. Date of manufacture and expiry date on goods labels (Clause 1 of Appendix III to Decree No. 43/2017/ND-CP) 

If information about the date of manufacture and expiry date of imported goods is inscribed in letter characters on original labels, enterprises may make a note of such letter characters on auxiliary labels without inscribing “NSX” and “HSD” in letter characters.

For example: MFG 20 Jan 2020, EXP 20 Feb 2022 may be inscribed on a label as follows: see NSX, HSD or “MFG”, “EXP” on the package, Jan = 01, Feb = 02... Dec =12.

Article 14. Goods ingredients and ingredient quantities shown on labels (Point 1, Clause 1 of Appendix IV to Decree No. 43/2017/ND-CP) 

Point 1, Section 1 of Appendix IV to Decree No. 43/2017/ND-CP does not apply to water used as a solvent for frosting and preserving goods which may be discarded when goods are used.

Chapter III

IMPLEMENTATION PROVISIONS

Article 15. Effect

1. This Circular takes effect on January 01, 2021.

Organizations, individuals and enterprises are encouraged to comply with this Circular before its effective date.

2. The Minister of Science and Technology’s Circular No. 09/2017/TT-KHCN of April 6, 2007, guiding the implementation of a number of articles of the Government’s Decree No. 89/2006/ND-CP of August 30, 2006, on goods labeling, and the Minister of Science and Technology’s Circular No. 14/2017/TT-BKHCN of July 25, 2007, supplementing Circular No. 09/2017/TT-BKHCN will cease to be effective from the effective date of this Circular.

Article 16. Implementation responsibility

1. The General Director of the Directorate for Standards, Metrology and Quality shall organize and guide the implementation of this Circular.

2. Any problems arising in the course of implementation should be promptly reported in writing to the Ministry of Science and Technology for further guidance or study and making of appropriate amendments and supplementations.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations, individuals and enterprises shall implement this Circular.-

For the Minister of Science and Technology
Deputy Minister
TRAN VAN TUNG