Decree 111/2021/ND-CP amending Decree 43/2017/ND-CP on goods labeling

DECREE

Amending and supplementing 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 June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the November 17, 2010 Law on Protection of Consumer Interests;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labeling.

Article 1. To amend and supplement 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)

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

1. This Decree prescribes contents, ways of presentation, and state management of labels of goods circulated in Vietnam and of imported and exported goods.

2. The following goods are not regulated by this Decree:

a/ Immovable property;

b/ Goods temporarily imported for re-export; transited goods, goods in border transfer; transshipped goods; imports consigned to bonded warehouses for re-export to a third country;

c/ Luggage of persons on entry and exit; personal effects;

d/ Confiscated goods put up for auction;

dd/ Unpackaged fresh food and processed food, sold directly to consumers;

e/ Unpackaged fuel, raw materials (agricultural products, aquatic products and minerals), scraps (in production and business) and building materials, sold directly to consumers;

g/ Petrol, oil, gas (LPG, CNG, LNG), stored in containers and cisterns without consumer packaging;

h/ Used goods;

i/ Goods in the fields of security and national defense; radioactive substances, goods for use in emergency cases to cope with disasters or epidemics; railway vehicles, watercraft and aircraft.

3. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Decree, the provisions of such treaty shall prevail.”;

2. To amend and supplement Article 2 as follows:

“Article 2. Subjects of application

This Decree applies to manufacturers and traders of goods in Vietnam; goods importers and exporters; state agencies; and related organizations and individuals.”;

3. To amend and supplement Clause 1, Article 7 as follows:

“Article 7. Language for presentation of goods labels

1. Compulsory contents of labels of goods circulated in Vietnam must be presented in Vietnamese, except exported goods not for domestic sale and those specified in Clause 4 of this Article.”;

4. To amend and supplement Clause 4, Article 9 as follows:

“Article 9. Responsibility for labeling goods

4. Organizations or individuals importing goods into Vietnam shall label them in accordance to this Decree’s provisions on compulsory contents of labels of imported goods.”;

5. To amend and supplement Article 10 as follows:

“Article 10. Compulsory contents of goods labels

1. The label of goods being circulated in Vietnam must show the following information in Vietnamese:

a/ Name of goods;

b/ Name and address of the organization or individual responsible for the goods;

c/ Origin of goods;

In case the origin of goods cannot be identified, the label must state the place where the final finishing step is carried out as specified in Clause 3, Article 15 of this Decree;

d/ Other compulsory contents, depending on properties of each type of goods provided in Appendix I to this Decree and relevant legal documents.

For goods with properties belonging to more than one group provided in Appendix I to this Decree or with properties not yet prescribed in any relevant legal documents, based on the main use of the goods, organizations or individuals responsible for the goods shall themselves determine the group to which the goods belong so as to inscribe their labels according to the provisions of this Point.

In case all compulsory contents cannot be presented on the label due to the size of goods, the contents specified at Points a, b and c, Clause 1 of this Article shall be shown on the label while the contents specified at Point d, Clause 1 of this Article shall be inscribed in a document attached to the goods and the label must indicate the place where these contents are inscribed.

2. When carrying out customs clearance procedures for goods imported into Vietnam, the original label must show the following contents in a foreign language or Vietnamese:

a/ Name of goods;

b/ Origin of goods.

In case the origin of goods cannot be identified, the label must show the place where the final finishing stage is carried out as specified in Clause 3, Article 15 of this Decree;

c/ Name or abbreviated name of the goods manufacturer or the organization or individual responsible for the goods in the foreign countries.

c.1/ In case the original label does not fully show the name and address of the goods manufacturer or the organization or individual responsible for the goods, such information must be fully indicated in a document attached to the goods;

c.2/ For goods imported in Vietnam with a foreign-language original label as prescribed at Points a, b and c, Clause 2 of this Article, after customs clearance procedures are completed and goods are transferred to a warehouse, the importer shall add the a Vietnamese label for the goods under Clause 1 of this Article before selling the goods in the Vietnamese market.

3. The labeling of exported goods must comply with importing countries’ laws.

a/ In case the origin of goods is shown on the label of exported goods, the contents indicating the goods origin must comply with Clause 1, Article 15 of this Decree.

b/ Contents of labels of exported goods must comply with Clause 2, Article 18 of this Decree.

4. The Minister of Science and Technology shall detail the presentation of a number of compulsory contents of goods labels specified at Point d, Clause 1 of this Article by electronic means.”;

6. To amend and supplement Clause 3, Article 12 as follows:

“Article 12. Names and addresses of organizations or individuals responsible for goods

3. The label of goods imported for sale in Vietnam must show the names and addresses of goods manufacturer and importer.

The label of medical equipment manufactured in the country or imported for sale in Vietnam must show the name and address of the equipment owner or the name and address of the owner of the equipment circulation registration number. In case the medical equipment has not yet been granted a circulation registration number, its label must show the name and address of the equipment owner and the name and address of the organization or individual stated in its import permit.”;

7. To amend and supplement Article 15 as follows:

“Article 15. Origin of goods

1. Manufacturers, importers or exporters shall themselves identify and inscribe the origin of their goods, ensuring truthfulness, accuracy and compliance with the law on origin of exported goods, imported goods and domestically manufactured goods or international commitments of Vietnam.

2. The origin of goods shall be displayed on goods labels by one the following phrases “made in”; “manufactured in”; “country of manufacture”; “origin”; “manufactured by”; and “product of”, followed by the name of the country or territory where the goods is made or shall be displayed in accordance with the law on goods origin.

3. In case the origin of goods cannot be identified under Clause 1 of this Article, the label must show the place where the final finishing stage of the goods is carried out by one of the following phrases or combined phrases showing the finishing stage “assembled in”, “bottled in”, “mixed in”, “finished in”, “packed in” or “labeled in”, followed by the name of the country or territory where such final finishing stage is carried out.

4. The name of country or territory where the goods are made or the place where the final finishing stage is carried out must not be abbreviated.”;

8. To amend and supplement Points a and b, Clause 3, Article 16 as follows:

“Article 16. Ingredients, ingredient quantities

3. For certain types of goods, the presentation of their ingredients and ingredient quantities must comply with the following provisions:

a/ For food, ingredients shall be presented in a descending order by weight.

a.1/ For additives, the name of the additive category, to inscribe the name of the additive or its international numbering system (INS) code (if any) ;

a.2/ For sweeteners or colorings, to inscribe the name of the sweetener or coloring category, the name of sweetener or coloring or its INS code (if any) and the indication that such additive is “natural”, “naturally similar”, “synthetic” or “artificial”;

a.3/ For flavorings, to inscribe “ flavoring” and one or more than one of the following phrases “natural”, “naturally similar”, “synthetic” or “artificial” in order to make its clearer;

a.4/ In case the national code of an additive coincides with its INS code, the national code may be used instead of the INS code;

b/ For human drugs, veterinary drugs, pesticides, insecticides and germicides for household and medical use, to inscribe the composition and content of active ingredients,”;

9. To amend and supplement Article 24 as follows:

“Article 24. Transitional provisions

1. Goods whose labels comply with the Government’s Decree No. 43/2017/ND-CP and which are manufactured, imported and put into circulation before the effective date of this Decree may be further circulated and used until the expiry dates shown on their labels.

4. Goods whose labels comply with the Government’s Decree No. 43/2017/ND-CP, and which are manufactured, imported and circulated in Vietnam before the effective date of this Decree and are not subject to presentation of expiry dates on labels may be further circulated and used.

5. Goods labels and consumer packaging stuck with labels which comply with the Government’s Decree No. 43/2017/ND-CP and are produced and printed before the effective date of this Decree may be further used within 2 years from the effective date of this Decree.

Article 2. To annul and replace a number of provisions of Decree No. 43/2017/ND-CP

1. To annul Clause 2, Article 8; and Point b, Clause 2, Article 5 of Decree No. 43/2017/ND-CP.

2. To annul the provisions: Supplementary labels of goods which cannot be exported or are returned and are circulated in the market must be inscribed with the phrase “made in Vietnam” in bold letters under Clause 4, Article 8 of Decree No. 43/2017/ND-CP.

3. To annul and replace Appendices I; IV; and V to Decree No. 43/2017/ND-CP with Appendixes I, IV, and V to this Decree.

Article 3. Effect

This Decree takes effect on February 15, 2022.

Article 4. Implementation responsibility

1. The Minister of Science and Technology shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM

* The appendices to this Decree are not translated.