Resolution 39/2026/NQ-CP transitional mechanism for goods labels and packaging with former enterprise name

RESOLUTION

On the transitional mechanism for using goods labels and packaging bearing the former name where an enterprise changes its name without changing its legal entity status or the entity responsible for the goods

Pursuant to the Civil Code No. 91/2015/QH13;

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Promulgation of Legal Documents No. 64/2025/QH15, amended and supplemented under Law No. 87/2025/QH15;

Pursuant to the Law on Enterprises No. 59/2020/QH14, amended and supplemented under Law No. 76/2025/QH15;

Pursuant to the Law on Product and Goods Quality No. 05/2007/QH12, amended and supplemented under Law No. 78/2025/QH15;

Law on Protection of Consumer Rights No. 19/2023/QH15;

At the proposal of the Minister of Science and Technology,

The Government hereby promulgates the Resolution on the transitional mechanism for using goods labels and packaging bearing the former name where an enterprise changes its name without changing its legal entity status or the entity responsible for the goods.

Article 1. Scope of regulation

This Resolution provides for a transitional mechanism for the continued use of goods labels and commercial packaging of goods bearing goods labels that have been printed or manufactured under the former name of an enterprise for labelling, packaging and circulation of goods; and applies where an enterprise changes its name in accordance with the law on enterprise registration but such change does not terminate its existence as a legal entity or change its rights, obligations, enterprise identification number or the entity responsible for the goods, and does not fall within the scope of the transitional provisions specified in Clause 4, Article 98 of the Government’s Decree No. 37/2026/ND-CP dated January 23, 2026, detailing a number of articles, and providing measures to organize and guide the implementation, of the Law on Product and Goods Quality.

Article 2. Subjects of application

1. Enterprises changing their names that fall within the scope of regulation specified in Article 1 of this Resolution.

2. State management agencies in charge of product and goods quality; agencies responsible for inspection, examination and control of the circulation of goods on the market.

3. Other related agencies, organizations and individuals.

Article 3. Interpretation of terms

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

1. “Enterprise changing its name” means an enterprise that has completed the procedures for registration of a name change in accordance with the law on enterprise registration; such name change does not terminate its existence as a legal entity or change its rights, obligations, enterprise identification number or legal liability for the goods.

2. “Labels and packaging bearing the former name” means goods labels and commercial packaging of goods bearing goods labels that display the name of the enterprise before its name change and were printed or manufactured before the date on which the enterprise is issued an enterprise registration certificate recording its new name.

Article 4. Principles and conditions for application of the transitional mechanism

1. The application of the transitional mechanism shall not change the rights, obligations or legal liability of the enterprise for the goods, nor exempt the enterprise from compliance with the laws on product and goods quality, protection of consumer rights and other relevant specialized laws.

2. An enterprise changing its name may continue using labels and packaging bearing the former name from the inventory existing on the date on which it is issued an enterprise registration certificate recording its new name, provided that all of the following conditions are satisfied:

a) The labels and packaging were printed or manufactured before the date on which the enterprise is issued an enterprise registration certificate recording its new name;

b) The enterprise retains complete dossiers and documents proving the time when the labels and packaging were printed or manufactured; the quantity of labels and packaging in inventory on the date on which it is issued an enterprise registration certificate recording its new name; the continuity of the legal entity and the entity responsible for the goods; and ensuring the traceability of the goods;

c) The continued use does not render any other mandatory information on the labels inaccurate or cause confusion regarding the entity responsible for the goods or the origin, provenance, quality or safety of the goods. Information on the enterprise’s new name must be publicly disclosed and searchable through the National Business Registration Information System, the enterprise’s website (if any), mass media or another appropriate method.

3. The transitional mechanism specified in this Resolution shall not apply to labels or packaging newly ordered for printing or manufacture bearing the former name from the date on which the enterprise is issued an enterprise registration certificate recording its new name.

Article 5. Time limits for using labels and packaging bearing the former name and for circulating goods

1. An enterprise changing its name may continue using labels and packaging bearing the former name for labelling and packaging goods for 12 months from the date on which it is issued an enterprise registration certificate recording its new name.

2. Goods labelled and packaged using labels and packaging bearing the former name within the time limit specified in Clause 1 of this Article may continue to be circulated until their expiration dates in accordance with law.

Article 6. Responsibilities of an enterprise changing its name

1. To prepare and retain dossiers and documents proving the time when the labels and packaging were printed or manufactured; the quantity of labels and packaging in inventory on the date on which the enterprise is issued an enterprise registration certificate recording its new name; the label contents at the time of printing; manufacturing, warehousing and ex-warehousing documents; and related documents; and present them to competent state agencies upon request.

2. To publicly disclose the enterprise’s name change; ensure that information on its new name is searchable through the National Business Registration Information System, the enterprise’s website (if any), mass media or another appropriate method; and amend, supplement or update the new name in quality declaration dossiers, product self-declaration dossiers, codes, barcodes, traceability data and related management systems (if any) no later than the expiry of the time limit for using labels and packaging specified in Clause 1, Article 5 of this Resolution.

3. To refrain from newly ordering the printing or manufacture of labels or packaging bearing the former name from the date on which the enterprise is issued an Enterprise Registration Certificate recording its new name; and refrain from using labels or packaging bearing the former name for labelling or packaging goods after the time limit specified in Clause 1, Article 5 of this Resolution.

4. To take responsibility before law for the accuracy of the supporting dossiers and documents; the quality, safety, and origin of the goods; and the protection of consumer rights with respect to goods using labels and packaging bearing the former name under this Resolution.

Article 7. Responsibilities of ministries, agencies and localities

1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related ministries, agencies and localities in, monitoring the implementation of this Resolution; consolidate difficulties and obstacles (if any); and assume the prime responsibility for studying and proposing amendments and supplements to Clause 4, Article 98 of Decree No. 37/2026/ND-CP to provide for a transitional mechanism where an enterprise changes its name without changing the legal entity responsible for the goods.

2. The Ministry of Public Security, the Ministry of Finance, the Ministry of Industry and Trade, and other ministries and ministerial-level agencies shall, within the ambit of their assigned functions, tasks and powers, coordinate with the Ministry of Science and Technology in sharing data and inspecting, examining and supervising the implementation of this Resolution with respect to goods under their management.

3. The People’s Committees of provinces and cities shall direct specialized agencies to organize the implementation of, and inspect and supervise compliance with, this Resolution within their respective localities.

Article 8. Effect

1. This Resolution takes effect on the date of its signing, and ceases to be effective when the document amending and supplementing Clause 4, Article 98 of Decree No. 37/2026/ND-CP, which provides for the corresponding matters, takes effect, unless otherwise decided by the Government.

2. Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Resolution./.