Circular 18/2022/TT-BKHCN compulsory information on electronic labels of some goods

CIRCULAR

Detailing compulsory information to be displayed on electronic labels of some groups of goods

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

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

Pursuant to Decree No. 43/2017/ND-CP dated April 14, 2017, of the Government, on goods labeling and Decree No. 111/2021/ND-CP dated December 09, 2021, of the Government, amending and supplementing a number of articles of the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017, on goods labeling;

At the proposals 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 hereby promulgates the Circular detailing compulsory information to be displayed on electronic labels of some groups of goods.

Article 1. Scope of regulation

This Circular details some compulsory electronic labeling information about some groups of goods specified at Point d, Clause 1, Article 10 of Decree No. 43/2017/ND-CP dated April 14, 2017, of the Government on goods labeling, which was amended and supplemented under Clause 5, Article 1 of Decree No. 111/2021/ND-CP dated December 09, 2021, of the Government, amending and supplementing a number of articles of the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017, on goods labeling. To be specific:

1. Compulsory electronic labeling information of groups of goods specified between Section 25 and Section 38; in Sections 40, 44, 50, 51, 52, 53 and between Section 58 and Section 64 in Appendix I to Decree No. 43/2017/ND-CP, which was amended and supplemented under Decree No. 111/ 2021/ND-CP.

2. The groups of goods specified in Appendix I to Decree No. 43/2017/ND-CP as amended and supplemented under Decree No. 111/2021/ND-CP are not subject to Clause 1 of this Article and other information which is not included in the Appendix to this Circular is not applicable to electronic labeling as specified in this Circular.

3. Goods that are medical equipment shall be electronically labeled in accordance with the provisions of legal documents promulgated by line ministries.

Article 2. Subjects of application

This Circular applies to the following:

1. Organizations and individuals manufacturing and trading goods in Vietnam and those importing goods into Vietnam;

2. State authorities and relevant organizations and individuals.

Article 3. Principles of compulsory electronic labeling

1. Organizations and individuals responsible for labeling of goods may choose electronic labeling or physical labels directly attached to the goods or their commercial packages or labeling in documents attached to the goods as specified in Decree No. 43/2017/ND-CP, which was amended and supplemented in Decree No. 111/2021/ND-CP. The groups of goods and the information to be provided by electronic labeling are specified in the Appendix titled “Some information to be displayed on electronic labels of goods based on their characteristics” to this Circular.

2. Organizations and individuals responsible for labeling goods, when displaying the information on the electronic labels as specified in this Circular, must satisfy the following requirements:

a) The electronic labels shall expressly indicate the links to the goods labels, for example: barcodes, QR codes, or using the product’s own built-in screens or other popular electronic means;

b) Means and equipment shall be ensured and/or customers shall be guided to immediately access the regulatory information via the electronic labels of the goods on-site;

c) The information provided via the electronic labels must be consistent with the content displayed on the physical labels so as not to mislead the readers/viewers/listeners about the nature of the goods.

Article 4. Organization of implementation

The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the line ministries and local authorities in, managing, inspecting, examining and handling violations related to goods labels.

The regulatory agency in charge of standards, metrology and quality under the Ministry of Science and Technology shall assist the Minister of Science and Technology in performing the State governance over goods labels; studying and applying information technology to management of electronic goods labeling.

1. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their functions, tasks and powers, coordinate with the Ministry of Science and Technology in managing electronic goods labeling.

Based on practical management requirements for goods in their assigned fields, ministries and ministerial-level agencies shall guide the electronic goods labeling thereof after reaching agreement with the Ministry of Science and Technology.

2. The People's Committees of the provinces and centrally-run cities shall, within the ambit of their tasks and powers, coordinate with the Ministry of Science and Technology and directly perform the management, inspection and examination of electronic goods labeling in their respective localities in accordance with the law.

3. Responsibilities of organizations and individuals that manufacture, import or trade goods with electronic labels:

a) They shall comply with the law provisions on goods labeling and this Circular; the regulations on inspection, examination and handling of administrative violations, and take accountability before the law for the electronic labels of the goods they produce, import or trade;

b) Organizations and individuals that manufacture, import or trade goods with electronic labels must ensure that there are enough tools and means to make the information of the electronic labels always immediately accessible or available for login, and provide adequate information via electronic labels to consumers when they choose and buy goods;

c) Organizations and individuals that manufacture, import or trade goods with electronic labels must provide the information via such electronic labels to the competent regulatory agencies for inspection and examination upon request.

For objective reasons if the person responsible for the goods cannot provide the electronic labeling information immediately upon request, it shall be adequately provided within 24 hours after being required by the competent regulatory agency. If the information on the electronic labels is not accessible, the goods labels that are subject to inspection and examination shall be identified as labels that do not contain enough compulsory information as specified.

Article 5. Effect

This Circular takes effect on February 15, 2023.

Article 6. Implementation responsibility

1. In the course of implementation, if any problems arise, organizations and individuals shall promptly report them in writing to the Ministry of Science and Technology for guidance or study for revision and supplementation accordingly.

2. Ministers, heads of ministerial-level agencies, chairpersons of People's Committees of provinces and centrally-run cities shall be responsible for implementing this Circular./.

SOME INFORMATION TO BE DISPLAYED ON ELECTRONIC LABELS OF GOODS BASED ON THEIR CHARACTERISTICS

(Attached to Circular 18/2022/TT-BKHCN dated December 30, 2022, of the Minister of Science and Technology)