Decision No. 15/2006/QD-BKHCN dated August 23, 2006 of the Ministry of Science and Technology promulgating the Regulation on allocation, use and management of article numbers and barcodes

DECISION

PROMULGATING THE REGULATION ON ALLOCATION, USE AND MANAGEMENT OF ARTICLE NUMBERS AND BARCODES

THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to the Government's Decree No. 54/2003/ND-CP of May 19, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/ND-CP of January 16, 2004, amending and supplementing a number of articles of Decree No. 54/2003/ND-CP;

Pursuant to the Prime Minister's Decision No. 45/2002/QD-TTg of March 27, 2002, providing for the state management of article numbers and barcodes and agencies in charge of state management of article numbers and barcodes;

At the proposal of the general director of the Directorate for Standards and Quality and the director of the Legal Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on allocation, use and management of article numbers and barcodes.

Article 2.- This Decision shall take effect 15 days after its publication in "CONG BAO."

Article 3.- The Directorate for Standards and Quality shall organize and guide the implementation of the Regulation promulgated together with this Decision.

Article 4.- The general director of the Directorate for Standards and Quality, the director of the Legal Department, and concerned organizations and individuals shall have to implement this Decision.

REGULATION

ON ALLOCATION, USE AND MANAGEMENT OF ARTICLE NUMBERS AND BARCODES
(Issued together with the Science and Technology Minister's Decision No. 15/2006/QD-BKHCN of August 23, 2006)

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Regulation provides for the allocation, use and management of article numbers and barcodes containing Vietnam's country code, and the management of the use of foreign article numbers and barcodes.

Article 2.- Subjects of application

This Regulation applies to Vietnamese and foreign organizations and individuals that operate in Vietnamese territory (hereinafter collectively referred to as organizations/companies) and wish to use article numbers and barcodes as well as organizations and individuals involved in the allocation of article numbers and barcodes.

Article 3.- Interpretation of terms

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

1. Article number is a series of digits used to identify items, locations or organizations.

2. Barcode is a series of parallel bars and spaces to represent article numbers, which can be read by a scanner.

3. EAN stands for the European Article Numbering (EAN) International Organization, which was used prior to February 2005.

4. GS1 stands for Global Standards 1 International Organization, which has been used since February 2005.

5. EAN code means a standard code set by the GS1 for global application.

6. Country code means a three-digit prefix allocated by the GS1 to its member state. Vietnam's country code is 893.

7. Company prefix is a series of digits consisting of the country code followed by 4-7 digits used to identify organizations/companies.

8. Short number (EAN 8) is a series of 8 digits set for small items (products), consisting of the country code, digits used to identify items and a check digit.

9. Global location number (GLN) is a series of 13 digits set for organizations/companies and locations, consisting of the country code, digits used to identify organizations/companies or locations, and a check digit.

10. Global trade item numbers (GTINs) means reference numbers of items (products or goods), formed from company prefixes, including 13-digit numbers (EAN 13); 14-digit numbers (EAN 14); 8-digit short numbers (EAN 8); and UCC numbers of the Uniform Code Council of the United States and Canada.

11. Vietnam's national number bank means a collection of numbers containing the country code 893.

12. Foreign numbers means foreign country numbers, allocated and managed by foreign national article numbering and barcoding organizations.

13. Global electronic party information registry (GEPIR) network means a global network for electronic registry of information on members using article numbering and barcoding systems established and managed by the GS1.

Chapter II

ALLOCATION AND MANAGEMENT OF ARTICLE NUMBERS AND BARCODES

Article 4.- Types of article numbers and barcodes to be allocated and managed

1. Types of article numbers and barcodes to be allocated and uniformly managed include:

a/ Company prefixes;

b/ Short numbers (EAN 8);

c/ Global location numbers (GLNs).

2. Types of article numbers and barcodes established by organizations/companies themselves for use after they have been allocated company prefixes include:

a/ Global trade item numbers (GTINs);

b/ Global location numbers (GLNs);

c/ Types of numbers for logistic units, assets or other items when needed.

3. Every organization/company may register to use one company prefix. In special cases, an organization/company may register to use more than one company prefix when it proves that all of its allocated company prefixes have been used. When registering to use additional company prefixes, organizations/companies shall carry out procedures like those applicable to the registration for first-time allocation of company prefixes, enclosed with explanations on the use of all allocated company prefixes.

Article 5.- Responsibility to allocate and manage article numbers and barcodes

1. The Directorate for Standards and Quality (STAMEQ) shall assist the Ministry of Science and Technology in allocating article numbers and barcodes specified in Clause 1, Article 4 of this Regulation and managing article numbers and barcodes specified in Clauses 1 and 2, Article 4 of this Regulation.

2. After being allocated company prefixes, organizations/companies shall themselves establish article numbers and barcodes specified in Clause 2, Article 4 of this Regulation for use and biannually report the lists of their article numbers to the STAMEQ.

Article 6.- Order of allocation of article numbers and barcodes

An article number and barcode shall be allocated in the following order:

1. Registering for use of the article number and barcode;

2. Receiving the dossier of registration for use of the article number and barcode;

3. Appraising the dossier and granting the certificate of article number and barcode use right;

4. Guiding the use of the article number and barcode.

Article 7.- Registration of use of article numbers and barcodes

1. Organizations/companies that wish to use article numbers and barcodes shall register for their use with agencies designated by the STAMEQ to receive article number and barcode use registration dossiers (hereinafter referred to as dossier-receiving organizations).

2. A dossier of article number and barcode use registration shall comprise:

a/ A written registration of article number and barcode use, made according to a set form;

b/ A copy of the business registration certificate, for production, business and trade companies, or a copy of the establishment decision, for other organizations;

c/ A registered list of products using GTINs, made according to a set form;

d/ A form of registration of GS1 Vietnam's database (GEPIR network), made according to a set form.

Article 8.- Receipt of article number and barcode use registration dossiers

1. Dossier-receiving organizations shall guide organizations/companies to make article number and barcode use registration dossiers, receive and preliminarily process such dossiers.

2. Within 5 working days after receiving complete dossiers, dossier-receiving organizations shall transfer the dossiers to the STAMEQ.

Article 9.- Appraisal of dossiers and grant of article number and barcode use-right certificates

1. Within 5 working days after receiving article number and barcode use registration dossiers, the STAMEQ shall appraise the dossiers:

a/ If the dossiers are valid, the STAMEQ shall allocate numbers, make entries thereof into the registration book, archive them in the national number bank, and grant article number and barcode use-right certificates.

b/ If the dossiers are not yet valid, the STAMEQ shall request organizations/companies to improve them.

2. Article number and barcode use-right certificates shall be sent to article number and barcode-using organizations/companies through dossier-receiving organizations within 10 days after being issued by the STAMEQ. The form of the article number and barcode use-right certificate is set in Appendix IV to this Regulation (not printed herein).

3. When there are changes in the legal person status, names or addresses of article number and barcode-using organizations/companies or when the certificates are lost or damaged, the article number and barcode-using organizations/companies shall notify in writing the STAMEQ thereof for the renewal or re-grant of certificates. Article number and barcode-using organizations/companies shall pay expenses for such renewal or re-grant.

Article 10.- Article number and barcode use guidance

Dossier-receiving organizations shall guide organizations/companies registering for use of article numbers and barcodes to observe the regulations on use of article numbers and barcodes specified in Chapter III of this Regulation and other relevant regulations.

Article 11.- Charges for allocation of article numbers and barcodes

1. Article number and barcode-using organizations/companies shall pay article number and barcode allocation charges when registering for use of article numbers and barcodes and annual charges for maintenance of such use to dossier-receiving organizations according to the provisions of the Finance Ministry's Circular No. 88/2002/TT-BTC of October 2, 2002, providing for the regime of collection, remittance and use management of article number and barcode allocation charges.

2. Charges for article number and barcode use maintenance must be paid before June 30 every year. Past this deadline, if article number and barcode-using organizations/companies fail to pay the charges, dossier-receiving organizations shall send payment notices to the organizations/companies. At the expiration of one year, if the organizations/companies fail to pay the charges, the STAMEQ shall revoke the allocated numbers and notify such to the organizations/companies and concerned agencies.

Chapter III

USE OF ARTICLE NUMBERS AND BARCODES

Article 12.- Use of allocated article numbers and barcodes

After being granted company prefixes, article number and barcode-using organizations/companies shall set by themselves numbers for identifying items and numbers for identifying organizations/locations and establish article numbers and barcodes specified in Clause 2 of Article 4 for their own items and organizations/locations. Article number and barcode-using organizations/companies shall send lists of their used GTINs and GLNs to the STAMEQ (through dossier-receiving organizations) for management according to the provisions of Clause 2, Article 5 of this Regulation. The registered list of GTIN products shall be made according to a set form.

Article 13.- Affixture and printing of article numbers and barcodes

The affixture and printing of article numbers and barcodes on items, labels, packings or means of transport or in their accompanied documents shall comply with national or international standards and other relevant regulations.

Article 14.- Ensuring the uniqueness of registered numbers and the quality of barcodes

Article number and barcode-using organizations/companies shall be responsible for the uniqueness of their registered numbers and the quality of their barcodes and observe relevant national or international standards. They shall also have to communicate descriptions of article number and barcode-carrying objects to their partners and concerned organizations and individuals.

Article 15.- Management of the use of foreign article numbers and barcodes

In case organizations/companies operating in Vietnamese territory wish to print foreign numbers (including UCC numbers of the US and Canada) on their products for the export purpose only, they must use those numbers which are allocated by foreign competent bodies or with the authorization of the foreign owning organizations through letters of authorization, use licenses or other forms of authorization. After being allocated, or authorized to use, foreign numbers, the using organizations must notify in writing the STAMEQ of the use of such foreign numbers, enclosed with copies of the use licenses, letters of authorization, use contracts or other powers of attorney.

Chapter IV

REVOCATION OF ALLOCATED ARTICLE NUMBERS AND BARCODES

Article 16.- Voluntary cessation of use of article numbers and barcodes

1. Article number and barcode-using organizations/companies must not allow their article numbers and barcodes allocated by the STAMEQ to be used by other organizations/companies.

2. Article number and barcode-using organizations/companies that wish to cease using article numbers and barcodes must notify such in writing and return article number and barcode use-right certificates to the STAMEQ through dossier-receiving organizations. The STAMEQ shall issue decisions revoking the allocated numbers and article number and barcode use-right certificates and notify such to article number and barcode-using organizations/companies and concerned organizations.

Article 17.- Revocation of article number and barcode use-right certificates

Article number and barcode-using organizations/companies that violate the provisions of this Regulation and their commitments made when registering for the use of article numbers and barcodes shall have their granted article number and barcode use-right certificates revoked.

Chapter V

MANAGEMENT OF THE NATIONAL NUMBER BANK AND ARCHIVE OF DOSSIERS AND DATA ON ALLOCATION AND USE OF ARTICLE NUMBERS AND BARCODES

Article 18.- Management of the national number bank and archive of dossiers

The STAMEQ shall establish and maintain Vietnam's national bank of numbers containing the country code 893 and archive dossiers on allocation and use of article numbers and barcodes as well as dossiers and documents related to the use of foreign article numbers and barcodes.

Article 19.- Making and publicization of lists of allocated numbers

Annually, the STAMEQ shall make and publicize Vietnam's list of allocated numbers (article number and barcode yearbook) and manage the list of used GTINs and GLNs, which are reported periodically by article number and barcode-using organizations/companies.

Article 20.- Management of database

The STAMEQ shall perform the unified management of data on organizations/companies which have registered for use of article numbers and barcodes in Vietnam (GEPIR network), article number and barcode-using products, and on the use of foreign numbers.

Article 21.- Confidentiality of information on organizations/companies

The STAMEQ and organizations receiving article number and barcode use-registration dossiers shall ensure the confidentiality of information on organizations/companies registering for use of article numbers and barcodes.

Chapter VI

INSPECTION, SUPERVISION, AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS ABOUT ALLOCATION AND USE OF ARTICLE NUMBERS AND BARCODES

Article 22.- Responsibility to conduct inspection

The STAMEQ's specialized inspectorate shall conduct inspection of article numbers and barcodes according to the provisions of law on inspection.

Article 23.- Responsibility to conduct supervision

1. The STAMEQ (Vietnam Standards and Quality Center) shall supervise the use of article numbers and barcodes according to the provisions of Chapter III of this Regulation and other relevant standards and regulations.

2. When detecting any improper use of article numbers and barcodes, the supervising agency shall remind and guide article number and barcode-using organizations/companies to strictly comply with current regulations.

3. When detecting violations in the use of article numbers and barcodes, the supervising agency shall propose competent agencies to handle them.

Article 24.- Handling of violations

1. Organizations or individuals that violate legal provisions on article numbers and barcodes shall be administratively sanctioned according to the provisions of the Government's Decree No. 126/2005/ND-CP of October 10, 2005, on sanctioning of administrative violations in the domain of metrology and product and goods quality.

2. Heads of organizations, cadres or civil servants who abuse their positions and/or powers to trouble article number and barcode-using organizations/companies or cover up violators shall be handled according to the provisions of law.

Article 25.- Complaints and denunciations

1. Organizations and individuals may lodge their complaints or denunciations about violations of the Regulation on allocation and use of article numbers and barcodes according to the provisions of law on complaints and denunciations.

2. The settlement of complaints and denunciations about allocation and use of article numbers and barcodes shall comply with the provisions of law on complaints and denunciations.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 26.- Reporting on allocation and use of article numbers and barcodes

Annually, the STAMEQ shall send to the Ministry of Science and Technology review reports on allocation, use and management of article numbers and barcodes; inspection, supervision, and settlement of complaints and denunciations about allocation and use of article numbers and barcodes; feedback about the implementation of this Regulation; and proposed amendments or supplements to this Regulation when necessary.

Article 27.- Implementation guidance

The STAMEQ shall organize and guide the implementation of this Regulation.