Decree No. 43/2017/ND-CP dated April 14, 2017 of the Government on goods labeling

DECREE

On goods labeling[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the November 30, 2010 Law on Protection of Consumer Rights;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree on goods labeling.

Chapter I

GENERAL PROVISIONS

Article1.Scope of regulation

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

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

a/ Immovable property;

b/ Goods temporarily imported for re-export; goods temporarily imported for re-export after being on display in fairs or exhibitions; transited goods, goods in border transfer and transshipped goods;

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

d/ Confiscated goods put up for auction;

dd/ Unpackaged fresh, live goods for use as food and processed food sold directly to consumers;

e/ Unpackaged fuel, raw materials (agricultural and aquatic products and minerals), building materials (brick, roof tile, lime, sand, rock, gravel, cement, colored soil, plaster, commercial ready mixed concrete), and scraps (in production and business) sold directly to consumers;

g/ Petrol, oil, liquefied gas (LPG, CNG, LNG), bulk cement stored in containers and cisterns;

h/ Used goods;

i/ Exports not for domestic sale;

k/ Goods in the fields of security and defense; radioactive substances, goods for use in emergency cases to cope with disasters and epidemics; vehicles, vessels and aircraft used for transport.

Article2.Subjects of application

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

Article3.Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Goods label means written, printed, drawn or photocopied letters, drawings or images which are stuck, printed, pinned, cast, embossed or carved directly on goods or their commercial packagings or on other materials attached to goods or their commercial packagings.

2. Labeling of goods means the presentation of principal and necessary information about goods on their labels for consumers to identify, select, consume and use the goods; for manufacturers and traders to advertise their goods; and for related agencies to conduct inspection and supervision.

3. Original label of goods means the initial label attached to goods or their commercial packagings by the manufacturer.

4. Supplementary label means a label showing compulsory contents of the original label of goods translated from a foreign language into Vietnamese and additional compulsory contents in Vietnamese as required by Vietnamese law, which are not presented on the original label.

5. Commercial packaging of goods means packaging containing goods and circulated together with such goods; commercial packagings of goods include interior packagings and exterior packagings:

a/ Interior packaging means packaging in direct contact with and directly holding goods, forming the shape of goods, or tightly covering goods by their shape;

b/ Exterior packaging means packaging used to pack one or several units of goods contained in interior packagings.

6. Simply packed goods means goods packed in the absence of consumers which can be unpacked upon their purchase for direct examination.

7. Circulation of goods means display, sales promotion, transportation and storage of goods in the process of sale and purchase, excluding transportation of goods by importers from a border gate to a storehouse.

8. Transshipped goods means goods transported from the exporting country to the importing country through a customs border gate and brought into the transshipment area of a port in Vietnam.

9. Quantity of goods means the quantity of goods expressed in a unit of measurement or the count of goods.

10. Date of manufacture means the point of time at which the final stage to finish goods or a lot of goods is completed.

11. Expiry date or shelf life means the point of time or a period of time beyond which goods or a lot of goods cannot retain their full qualitative properties.

Shelf life of goods may be presented in a period of time counting from the date of manufacture to the expiry date, or in the date, month and year of expiration. In case the shelf life is presented only in month and year of expiration, it shall be understood to end on the last day of the month of expiration.

12. Ingredients of goods means raw materials, including additives, which are used to manufacture goods and exist in their finished products, even when the form of such materials has changed.

13. Ingredient quantity means the quantity of each kind of raw material, including additives, used to manufacture goods.

14. Use and preservation instructions means information about the use, necessary conditions for use and preservation of the goods; hazard warnings; and ways of tackling hazardous incidents.

15. Warning information means information about ensuring safety of health, property and the environment in the course of transportation, storage, preservation and use of goods.

16. Technical specifications include technical criteria decisive to the use value or affecting the safety and health of users, the environment and processes specified in the standards or technical regulations of the product or goods.

Article4.Position of goods labels

1. Goods labels shall be attached to goods or their commercial packagings in a position where their compulsory contents can be easily and fully noticeable without requiring removal of the goods’ details or parts.

2. For goods whose exterior packagings may not or cannot be opened, labels that show all compulsory contents shall be attached to their exterior packagings.

Article5.Size of goods labels, sizes of letters and numerals on labels

Organizations and individuals responsible for goods labeling may determine by themselves the size of goods labels and the sizes of letters and numerals appearing on labels, but must meet the following requirements:

1. Compulsory contents specified in Clause 1, Article 10 of this Decree are fully presented.

2. The sizes of letters and numerals are readable with the naked eyes and meet the following requirements:

a/ The sizes of letters and numerals showing the quantities of measurement comply with the law on measurement;

b/ For packaged food, food additives or food processing aids, the height of letters expressing the label’s compulsory contents is at least 1.2 mm. In case the side of the packaging used for labeling (excluding the margin) is smaller than 80 cm², the height of letters is at least 0.9 mm.

Article6.Colors of letters, symbols and images shown on goods labels

The colors of letters, numerals, drawings, images, marks and symbols shown on a goods label must be distinct. For compulsory contents, the color of letters and numerals must contrast with the label’s background color.

Article7.Languages used on goods labels

1. Compulsory contents of goods labels must be in Vietnamese, except the case prescribed in Clause 4 of this Article.

2. For goods domestically manufactured and circulated, apart from complying with Clause 1 of this Article, their labels may show information in another language. Contents in another language must be similar to those in Vietnamese. The size of letters in another language must not be bigger than that of contents in Vietnamese.

3. Labels of goods imported into Vietnam which do not show or fully show compulsory contents in Vietnamese must have supplementary labels showing compulsory contents in Vietnamese together with the original labels. Contents in Vietnamese must be similar to those of the original labels.

4. The following contents may be presented in other languages of Latin origin:

a/ International names or scientific names of drugs for humane use, in case there are no equivalent Vietnamese names;

b/ International names or scientific names enclosed with chemical formulas or composition formulas of chemicals, pharmaceutical substances, adjuvant and ingredients of drugs;

c/ International names or scientific names of ingredients or ingredient quantities of goods, in case they cannot be translated into Vietnamese or their Vietnamese translations are meaningless;

d/ Names and addresses of foreign businesses involved in goods manufacturing.

Article8.Supplementary labeling

1. Supplementary labels used for imports must comply with Clause 3, Article 7 of this Decree.

2. Supplementary labels may be used for goods which cannot be exported or are returned and are circulated in the domestic market.

3. Supplementary labels shall be attached to goods or their commercial packagings and must not hide compulsory contents of the original labels.

4. Contents of a supplementary label are those translated into Vietnamese from compulsory contents of the original label and other compulsory contents on the goods’ properties which must be additionally presented under this Decree. Labeling organizations and persons shall take responsibility for the accuracy and truthfulness of these contents. Contents of a supplementary label, including additional contents, must not cause misunderstanding about the original label’s contents and must properly reflect the nature and origin of the goods.

Supplementary labels of goods which cannot be exported or are returned and are circulated in the market must show the phrase “made in Vietnam” in bold letters.

5. Supplementary labels are not required for the following goods:

a/ Components imported for replacement of broken components under goods warranty services of organizations or persons responsible for those goods, but not for sale in the market;

b/ Raw materials, food additives, food processing aids and components imported for manufacture, but not for sale in the market.

Article9.Responsibility for goods labeling

1. Organizations and persons responsible for goods labeling, including supplementary labeling, shall ensure that contents of goods labels are truthful, conspicuous and accurate and correctly reflect the nature of goods.

2. Manufacturers of domestically circulated goods shall label their goods.

An organization or a person responsible for goods labeling that requests other organizations or persons to label goods must still be responsible for the labels of their goods.

3. Organizations or persons circulating goods which cannot be exported or are returned and are circulated in the market shall label them in accordance with this Decree.

4. For goods imported into Vietnam with their original labels being  unconformable with this Decree, their importers shall not remove their original labels and shall add supplementary labels in accordance with Clause 3, Article 7, and Clauses 3 and 4, Article 8, of this Decree before circulating such goods .

Chapter II

CONTENTS OF GOODS LABELS AND WAYS OF LABELING

Article10.Compulsory contents of goods labels

1. A goods label must show the following information:

a/ Name of goods;

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

c/ Origin of goods;

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

2. For goods with properties belonging to more than one goods group provided in Appendix I or with properties not yet prescribed in any legal documents, based on the main use of goods, organizations or persons responsible for goods shall themselves determine the group of such goods for displaying on their labels the contents referred to at Point d, Clause 1 of this Article.

3. 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 referred to at Point d, Clause 1 of this Article shall be included in a document attached to the goods and the label must indicate where these contents are shown.

For goods being health equipment, the presentation of the contents referred to at Point d, Clause 1 of this Article must comply with Appendix I to this Decree.

Article11.Names of goods

The name of goods must be shown in an easily noticeable and readable position on their label. Letters showing the name of goods must be the biggest in size compared with those showing other compulsory contents of their label.

Names of goods shown on their label shall be given by their manufacturers or traders. Names of goods must not cause misunderstanding about their nature, use and ingredients.

In case the name of an ingredient is used as the name or part of the name of the goods, the quantity of such ingredient shall be shown, except for the case prescribed in Clause 4, Article 13 of this Decree.

Article12.Names and addresses of organizations or persons responsible for goods

1. Names of organizations and persons and geographical names shown on labels of goods may not be abbreviated.

2. The label of domestically manufactured goods must show the name of the manufacturer and the address of the manufacturing establishment.

a/ A manufacturing establishment which is the member of an organization, such as a company, a corporation, a group, an association or another organization, may show the name or the name and address and other information of that organization on the goods label if so permitted by that organization;

b/ For goods of the same brand which are manufactured at different manufacturing establishments, the organization or person responsible for the goods may show its/his/her name and address on the goods label if the goods quality conforms with the goods quality standards announced or registered for circulation by the organization or person responsible for the goods, and shall ensure traceability of the origin of goods.

3. Labels of goods imported for circulation in Vietnam must show the names and addresses of the manufacturer and importer.

Labels of goods being health equipment imported for circulation in Vietnam must show the name and address of the manufacturer associated with the origin of such goods and the name and address of the owner of the health equipment circulation registration number.

4. The label of goods imported by a foreign trader into Vietnam but sold by the foreign trader’s direct sale agent must show the names and addresses of the manufacturer and the sale agent.

5. The label of goods franchised by an organization or individual must, apart from complying with Clauses 2, 3 and 4 of this Article, show the name and address of the franchiser.

6. The label of goods assembled, packaged or bottled by an organization or individual must show the name and address of that organization or individual and the name or name and address and other information of the manufacturer of the goods when so permitted by the manufacturer.

Article13.Quantity of goods

1. For goods with their quantity expressed in units of measurement, the measurement of their quantity must comply with Vietnam’s law on measurement.

2. For goods with their quantity expressed in numbers, their quantity shall be expressed in cardinal numbers.

3. In case there are different units of goods in a commercial packaging, the quantity of each unit of goods and the aggregate quantity of all units of goods shall be shown.

4. It is not required to show the quantity of additives used to create color, flavor or taste which accompanies the name of goods.

5.  In case the names of extracts or essences from natural materials accompany the name of goods, the quantities of those extracts or essences or the weight of similar materials used to create the quantities of those extracts or essences shall be shown.

6. The ways of presenting the quantity of goods are provided in Appendix II to this Decree.

Article14.Date of manufacture, expiry date

1. The date of manufacture and expiry date of goods shall be presented in the order of date, month and year according to the calendar year. In case they are presented in a different order, there must be a note of such order in Vietnamese.

Each number indicating the date, month or year shall be shown in two numerals; the number indicating the year may be shown in four numerals. The numbers indicating the date, month and year of a point of time shall be presented on the same line.

In case the month of manufacture is required to be shown, it shall be shown in the order of month and year according to the calendar year.

In case the year of manufacture is required to be shown, the number indicating the year shall be shown in four numerals indicating the calendar year.

“Date of manufacture”, “expiry date” or “shelf life” shall be presented fully or abbreviated to “NSX”, “HSD” or “HD” in capital letters.

2. For goods the label of which must show the date of manufacture and expiry date as prescribed in Appendix I to this Decree and the date of manufacture has been shown in the goods label in accordance with Clause 1 of this Article, the expiry date may be presented in a period of time starting from the date of manufacture and vice versa, if the goods label has shown the expiry date, the date of manufacture may be presented in a period of time prior to the expiry date.

3. For goods which are divided, filled, charged or re-packed, their labels must show the date of division, filling, charging or re-packing and their expiry date shall be counted from the date of manufacture indicated on their original labels.

4. Ways of presenting the date of manufacture and expiry date must comply with Section 1, Appendix III to this Decree.

Goods for which points of time are shown in ways different from those prescribed in Clause 1 of this Article are specified in Section 2, Appendix III to this Decree.

Article15.Origin of goods

1. Manufacturers or importers shall themselves identify and show the origin of their goods and ensure truthfulness, accuracy and compliance with the law on goods origin or treaties Vietnam has acceded to or signed.

2. The origin of goods shall be shown as follows: the phrase “made in” or “manufactured in”, “country of manufacture”, “origin” or “manufactured by” shall be followed by the name of the country or territory where the goods are made.

The name of country or territory where the goods are made may not be abbreviated.

Article16.Ingredients, ingredient quantities

1. Ingredients to be shown must include names of raw materials, including additives, which are used in the manufacture of goods and exist in finished products, even when the form of such materials has changed.

If names of ingredients are shown on labels of goods for the purpose of attracting attention to the goods, the quantities of such ingredients shall be shown, except in the case prescribed in Clause 4, Article 13 of this Decree.

2. Ingredient quantities to be shown must include ingredients together with the quantity of each ingredient. Depending on the nature and state of goods, the quantity of each ingredient shown may be the weight of such ingredient per unit of product or one of these ratios: weight to weight; weight to volume; volume to volume, percentage of weight; or percentage of volume.

In case ingredients of goods are shown in units of measurement, the measurement of their quantity must comply with Vietnam’s law on measurement

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

a/ For food, ingredients shall be presented in the order from high to low weight.

For additives, the name of the category of additives and the name of the additive and its international numbering system (INS) number (if any) shall be shown; for additives which are flavorings, sweeteners or colorings, the name of the category of flavorings, sweeteners or colorings, the name of the additive (if any) and the indication that such additive is “natural”, “naturally similar”, “synthetic” or “artificial” shall be shown;

b/ For drugs for human use, vaccines, medical bio-products, biological preparations, veterinary drugs and pesticides, the composition and content of active ingredients shall be shown;

c/ Ingredients of cosmetics, including additives, shall be shown;

d/ For domestic metal appliances and articles created from a principal material decisive to their use value, the names of ingredients of the principal material shall be shown together with the name of the goods but the goods’ ingredients or ingredient quantities are not required to be shown.

4. Ingredients or ingredient quantities of goods which are shown in ways different from those prescribed in Clause 3 of this Article are specified in Appendix IV to this Decree.

Article17.Technical specifications, warning information

1. Technical specifications and their tolerances (if any) and warning information must comply with relevant laws. In the absence of specific regulations, organizations or persons responsible for goods labeling shall themselves determine technical specifications, tolerances and warning information. Warning information shall be shown on labels in letters, images or symbols according to international practices and relevant regulations.

The value of tolerance range shown on a label must comply with relevant laws and announced applicable standards. In case of showing a specific value, such value shall not be shown in a manner in favor of the goods.

2. Basic technical specifications of electric and electronic goods, machinery and equipment shall be shown.

3. For drugs for human use, vaccines, medical bio-products and biological preparations, the following shall be shown:

a/ Indications, use and contraindications (if any) of the drug;

b/ Drug circulation registration certificate number, import permit number, manufacture lot number, preparation form and packaging specifications;

c/ Signs to be taken into account for each kind of drug according to current regulations.

4. For veterinary drugs and pesticides, the following shall be shown:

a/ Indications, use and contraindications (if any) of the drug;

b/ Registration number, manufacture lot number, preparation form and packaging specifications;

c/ Signs to be taken into account for each kind of drug according to current regulations.

5. For food with nutrient values shown, organizations or persons responsible for goods shall show nutrient values on goods labels, ensuring the presentation of nutrient value range be compliant with relevant laws and announced applicable standards. In case of showing a specific value, the average value of the nutrient value range shall be shown.

6. For ingredients or substances in compound ingredients of goods of special categories which contain preservatives with prescribed dosage and included on the list of those allergic or harmful to humans, animals or the environment, the names of preservatives accompanying these ingredients shall be shown.

7. For goods or goods ingredients which have been x-rayed or genetically modified, their labels shall be presented in accordance with treaties to which Vietnam is a contracting party.

8. Technical specifications and warning information which are presented in ways different from those prescribed in this Article shall be presented in accordance with Appendix V to this Decree and relevant laws.

Article18.Other contents of goods labels

1. Organizations or persons responsible for goods may show codes, barcodes, standard conformity marks, regulation conformity marks and other contents (if any) on goods labels. Such additional contents must not contravene the law and must be truthful, accurate and true to the nature of goods, and neither hide, nor cause misunderstanding about, the compulsory contents of the labels.

2. A goods label must not show images, sovereignty dispute-related contents or other contents detrimental to security, politics, economy, society, diplomatic relations and fine customs and practices of Vietnam.

Article 19.Information to be shown for simply packed goods and unpacked goods without commercial packagings

For simply packed goods or unpacked goods being food additives or chemicals without commercial packaging for sale directly to consumers, their sellers shall show the following information to consumers:

1. Name of goods.

2. Expiry date.

3. Safety warnings (if any).

4. Name and address of the organization or person responsible for the goods.

5. Use instructions.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article20.The Ministry of Science and Technology

1. To draft and submit to competent state agencies for promulgation or promulgate according to its competence legal documents on goods labeling.

2. To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, managing, inspecting, examining and handling goods labeling-related violations.

3. The Directorate for Standards, Metrology and Quality under the Ministry of Science and Technology shall assist the Minister of Science and Technology in performing the unified state management of goods labeling.

Article21.Ministries, ministerial-level agencies and government-attached agencies

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 goods labeling.

2. Based on practical management requirements with respect to goods under their management, ministries and ministerial-level agencies shall guide ways of presentation of labels of these goods after reaching agreement with the Ministry of Science and Technology.

Article22.Provincial-level People’s Committees

Provincial-level People’s Committees shall, within the ambit of their tasks and powers, manage, inspect and examine goods labeling in their localities.

Chapter IV

IMPLEMENTATION PROVISIONS

Article23.Effect

1. This Decree takes effect on June 1, 2017.

2. The Government’s Decree No. 89/2006/ND-CP of August 30, 2006, on goods labeling ceases to be effective on the effective date of this Decree.

Article24.Transitional provisions

1. Goods which have been labeled in accordance with the Government’s Decree No. 89/2006/ND-CP of August 30, 2006, on goods labeling, and were manufactured, imported, circulated and used before the effective date of this Decree may be circulated and used until the expiry dates shown on their labels.

2. Goods labels and commercial packagings attached with labels complying with the Government’s Decree No. 89/2006/ND-CP of August 30, 2006, on goods labeling, which were produced and printed before the effective date of this Decree may be further used after the effective date of this Decree for another 2 years at most.

Article25.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
Prime Minister
NGUYEN XUAN PHUC

*All the Appendices to this Decree are not translated.