Circular No. 10/2020/TT-BKHCN detailing the Decree No. 132/2008/ND-CP and Decree No. 74/2018/ND-CP

CIRCULAR

Detailing, and providing measures to implement, a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, and Decree No. 74/2018/ND-CP of May 15, 2018, regarding use of article numbers and barcodes^[1]

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

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

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality (below referred to as Decree No. 132/2008/ND-CP), and the Government’s Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality (below referred to as Decree No. 74/2018/ND-CP);

Pursuant to the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, providing conditions for provision of the conformity assessment service, and the Government’s Decree No. 154/2018/ND-CP of November 9, 2018, amending, supplementing or annulling a number of regulations on conditions for making investment and doing business in the fields under the state management of the Ministry of Science and Technology and a number of regulations on specialized inspection;

Pursuant to the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures in the electronic environment;

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;

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

The Minister of Science and Technology promulgates the Circular detailing, and providing measures to implement, a number of articles of Decree No. 132/2008/ND-CP and Decree No. 74/2018/ND-CP regarding use of article numbers and barcodes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details, and provides measures to implement, regulations on use of article numbers and barcodes specified in Decree No. 132/2008/ND-CP and Decree No. 74/2018/ND-CP.

Article 2. Subjects of application

This Circular applies to:

1. Production, business and service organizations and individuals that use article numbers and barcodes.

2. Organizations and individuals providing solution services concerning article numbers and barcodes.

3. State management agencies and other organizations and individuals involved in the use of article numbers and barcodes.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Article number is a series of digits or characters used to identify a product, service or location, or an organization or individual;

2. Barcode is the method of storing and conveying information of article numbers by linear bars (one-dimensional barcodes); set of points (data matrix, QR code, PDF417 and other two-dimensional barcodes); radio frequency identification (RFID) chips or other identification technologies;

3. GS1 stands for the Global Standards Organization, an international organization that formulates and promulgates international standards on article numbers and barcodes and provides procedures for management, use and provision of related services. GS1 has its members representing it in each country. GS1’s representative in Vietnam is GS1 Vietnam;

4. Vietnam’s country code prefix “893” is the country code prefix granted by GS1 to GS1 Vietnam;

5. Company prefix is a series of digits consisting of the country code prefix and the identification number of an enterprise or individual that registers article numbers and barcodes;

6. Global location number (GLN) is a series of digits consisting of the company prefix and location identification number according to GS1 standards;

7. Global Trade Item Number (GTIN) is a series of digits consisting of the company prefix and product identification number according to GS1 standards;

8. E-forms are forms of applications and declarations for performance of administrative procedures displayed in electronic form;

9. E-copies are electronic copies of original paper documents or files whose contents are as complete and accurate as those of registers or original paper documents.

Chapter II

USE OF ARTICLE NUMBERS AND BARCODES

Section 1

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS USING ARTICLE NUMBERS AND BARCODES

Article 4. Responsibilities of organizations and individuals using article numbers and barcodes with Vietnam’s country code prefix “893”

1. To comply with Clause 1, Article 19b of Decree No. 132/2008/ND-CP, amended and supplemented under Clause 9, Article 1 of Decree No. 74/2018/ND-CP.

2. To make registration for use of article numbers and barcodes at the Single-Window Section of the Directorate for Standards, Metrology and Quality or make registration online at the National Public Service Portal or the Public Service Portal of the Ministry of Science and Technology.

3. After being granted company prefixes, to declare, update and provide their relevant information to the database managed by the Directorate for Standards, Metrology and Quality (the national specialized agency in charge of article numbers and barcodes) at http://vnpc.gs1.gov.vn, covering at least the following contents:

a/ GTINs;

b/ Names of products, brand-names;

c/ Product descriptions;

d/ Product groups (types of products with the same properties);

dd/ Names of enterprises;

e/ Target markets;

g/ Product images.

4. To inscribe/print article numbers and barcodes on products’ and goods’ packages in conformity with international standards ISO/IEC 15426-1 and ISO/IEC 15426-2 or equivalent national standards.

After being granted a certificate of the right to use article numbers and barcodes, if organizations and individuals wish to obtain certification of article number and barcode quality’s conformity with international standards ISO/IEC 15426-1 and ISO/IEC 15426-2 or equivalent national standards, they shall proceed with technical guidance of the Directorate for Standards, Metrology and Quality.

5. Organizations and individuals may not use article numbers and barcodes for purposes that falsify the registered information.

Article 5. Responsibilities of organizations and individuals using article numbers and barcodes beyond the GS1’s standards

1. Organizations and individuals using article numbers and barcodes beyond the GS1’s standards shall comply with Clause 3, Article 19b of Decree No. 132/2008/ND-CP, amended and supplemented under Clause 9, Article 1 of Decree No. 74/2018/ND-CP.

2. The Directorate for Standards, Metrology and Quality shall provide guidance on technical requirements on organizations and individuals using articles and barcodes beyond the GS1’s standards which, however, must not be contrary to Clause 1 of this Article.

Section 2

GUIDANCE ON PROCEDURES FOR GRANT OF CERTIFICATES OF THE RIGHT TO USE ARTICLE NUMBERS AND BARCODES

Article 6. Guidance on procedures for grant of certificates of the right to use article numbers and barcodes

1. To grant certificates of the right to use article numbers and barcodes to:

a/ Organizations and individuals that have not yet registered for use of article numbers and barcodes before;

b/ Organizations and individuals that have been granted certificates of the right to use article numbers and barcodes and wish to register for grant of new certificates in the following cases:

b.1/ They have used up all granted article numbers;

b.2/ They register for addition of GLNs;

b.3/ They have their certificates of the right to use article numbers and barcodes revoked but now are eligible for re-grant of such certificates in accordance with law;

b.4/ Their certificates of the right to use article numbers and barcodes expire.

2. To re-grant certificates of the right to use article numbers and barcodes to organizations and individuals that have been granted certificates of the right to use article numbers and barcodes and their certificates remain valid but are lost or damaged or there are changes in information on their names or addresses.

3. Organizations and individuals shall submit dossiers in person at the Single-Window Section of the Directorate for Standards, Metrology and Quality or send dossiers by post to the Directorate for Standards, Metrology and Quality, proceed with the provisions of Article 19c of Decree No. 132/2008/ND-CP, amended and supplemented under Clause 9, Article 1 of Decree No. 74/2018/ND-CP, and make declaration according to Clause 3, Article 4 of this Circular.

4. Validity period of certificates

a/ The validity period of a certificate of the right to use article numbers and barcodes which is granted for the first time must not exceed 3 years from the date of grant according to Point a, Clause 3, Article 19c of Decree No. 132/2008/ND-CP, amended and supplemented under Clause 9, Article 1 of Decree No. 74/2018/ND-CP.

b/ The validity period of a re-granted certificate of the right to use article numbers and barcodes shall be the same as that of the granted certificate.

Section 3

SIMPLIFICATION AND REDUCTION OF COSTS FOR PERFORMANCE OF ADMINISTRATIVE PROCEDURES VIA INFORMATION TECHNOLOGY APPLICATIONS

Article 7. Guidance on procedures for grant of certificates of the right to use article numbers and barcodes via information technology applications

1. Organizations and individuals that register for use of article numbers and barcodes shall submit dossiers online at the National Public Service Portal or the Public Service Portal of the Ministry of Science and Technology.

a/ A dossier for grant of a certificate of the right to use article numbers and barcodes must comprise:

a.1/ An e-form for declaration of information for grant of the certificate, which must bear the applicant’s digital signature. Contents of the e-form must comply with Form No. 12 provided in the Appendix to Decree No. 74/2018/ND-CP;

a.2/ An e-copy of the enterprise registration certificate or investment registration certificate or establishment decision or another document of equivalent validity.

b/ A dossier for re-grant of a certificate of the right to use article numbers and barcodes must comprise:

b.1/ An e-form for declaration of information for re-grant of the certificate, which must bear the applicant’s digital signature. Contents of the e-form must comply with Form No. 13 provided in the Appendix to Decree No. 74/2018/ND-CP;

b.2/ An e-copy of the enterprise registration certificate or investment registration certificate or establishment decision or another document of equivalent validity, for case of changing the applicant’s name or address, and the granted certificate of the right to use article numbers and barcodes (unless the granted certificate is lost).

2. Organizations and individuals shall submit dossiers and, at the same time, pay registration and maintenance charges by using the online payment function in accordance with law.

3. Organizations and individuals shall make declaration according to Clause 3, Article 4 of this Circular.

4. Order of grant of certificates of the right to use article numbers and barcodes

a/ Procedures for grant of a certificate of the right to use article numbers and barcodes:

a.1/ In case the dossier for grant of a certificate of the right to use article numbers and barcodes is not as complete as prescribed, within 1 working day after receiving the dossier, the national specialized agency in charge of article numbers and barcodes under the Directorate for Standards, Metrology and Quality shall notify thereof to the applying organization or individual for dossier modification or supplementation via the National Public Service Portal or the Public Service Portal of the Ministry of Science and Technology or via communications channels of the organization or individual. Within 5 working days after receiving the notice, the organization or individual shall modify or supplement the registered dossier;

a.2/ In case the dossier for grant of a certificate of the right to use article numbers and barcodes is complete and valid and the organization or individual has paid charges according to regulations, within 10 days after receiving the dossier, the Directorate for Standards, Metrology and Quality shall grant an e-certificate of the right to use article numbers and barcodes which has the contents specified in Form No. 14 provided in the Appendix to Decree No. 74/2018/ND-CP;

a.3/ In case the organization or individual submits the dossier online but requests grant of a paper certificate of the right to use article numbers and barcodes, within 15 days after receiving a complete and valid dossier and after the organization or individual has paid charges according to regulations, the Directorate for Standards, Metrology and Quality shall grant a paper certificate of the right to use article numbers and barcodes, made according to Form No. 14 provided in the Appendix to Decree No. 74/2018/ND-CP;

a.4/ The validity period of a certificate of the right to use article numbers and barcodes must not exceed 3 years from the date of grant according to Point a, Clause 3, Article 19c of Decree No. 132/2008/ND-CP, amended and supplemented under Clause 9, Article 1 of Decree No. 74/2018/ND-CP.

b/ Procedures for re-grant of a certificate of the right to use article numbers and barcodes:

b.1/ In case the dossier for re-grant of a certificate of the right to use article numbers and barcodes is not as complete as prescribed, within 1 working day after receiving the dossier, the national specialized agency in charge of article numbers and barcodes under the Directorate for Standards, Metrology and Standards shall notify thereof to the applying organization or individual for dossier modification or supplementation via the National Public Service Portal or the Public Service Portal of the Ministry of Science and Technology or via communications channels of the organization or individual. Within 5 working days after receiving the notice, the organization or individual shall modify or supplement the registered dossier;

b.2/ In case the dossier for re-grant of a certificate of the right to use article numbers and barcodes is complete and valid, within 5 days after receiving the dossier, the Directorate for Standards, Metrology and Quality shall re-grant an e-certificate of the right to use article numbers and barcodes, which has the contents specified in Form No. 14 provided in the Appendix to Decree No. 74/2018/ND-CP;

b.3/ In case the organization or individual submits the dossier online but requests re-grant of a paper certificate of the right to use article numbers and barcodes, within 10 days after receiving a complete and valid dossier, the Directorate for Standards, Metrology and Quality shall grant a paper certificate of the right to use article numbers and barcodes, made according to Form No. 14 provided in the Appendix to Decree No. 74/2018/ND-CP;

b.4/ The validity period of a re-granted certificate of the right to use article numbers and barcodes shall be the same as that of the granted certificate.

Chapter III

IMPLEMENTATION PROVISIONS

Article 8. Effect

1. This Circular takes effect on April 1, 2021.

2. The following documents cease to be effective on the effective date of this Circular:

a/ The Minister of Science and Technology’s Decision No. 15/2006/QD-BKHCN of August 23, 2006, promulgating the Regulation on grant, use and management of article numbers and barcodes;

b/ The Minister of Science and Technology’s Circular No. 16/2011/TT-BKHCN of June 30, 2011, amending and supplementing a number of articles of the Regulation on grant, use and management of article numbers and barcodes, promulgated together with the Minister of Science and Technology’s Decision No. 15/2006/QD-BKHCN of August 23, 2006.

Article 9. Transitional provisions

1. Organizations and individuals possessing certificates of the right to use article numbers and barcodes granted before July 1, 2018, shall complete dossiers and make registration for re-grant of certificates according to this Circular before April 1, 2024.

From April 1, 2024, if organizations and individuals fail to make registration and have their certificates of the right to use article numbers and barcodes re-granted according to this Circular, their granted certificates of the right to use article numbers and barcodes shall expire.

The Directorate for Standards, Metrology and Quality shall publicize expired certificates of the right to use article numbers and barcodes on the database managed by the Directorate for Standards, Metrology and Quality (the national specialized agency in charge of article numbers of barcodes) at http://vnpc.gs1.gov.vn.

Article 10. Implementation responsibility    

1. The Directorate for Standards, Metrology and Quality shall guide and organize the implementation of this Circular and promulgate technical guidance on certification of quality of article numbers and barcodes as conformable with international standards ISO/IEC 15426-1 and ISO/IEC 15426-2 or equivalent national standards.

2. When the national standards, national technical regulations, international standards or legal documents referred to in this Circular are amended, supplemented or superseded, the provisions of the amending, supplementing or superseding national standards, national technical regulations, international standards or legal documents shall apply.

3. If meeting with any difficulties and problems in the course of implementation of this Circular, related organizations and individuals shall promptly report thereon to the Ministry of Science and Technology (via the Directorate for Standards, Metrology and Quality) for the latter to provide guidance or study amendment and supplementation as appropriate.

4. Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and related organizations and individuals shall implement this Circular.-

For the Minister of Science and Technology
Deputy Minister
LE XUAN DINH