Circular No. 02/2024/TT-BKHCN on management of product and goods traceability

CIRCULAR

activities of calibration, verification, testing management of product and commodity traceability

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

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

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product and Commodity Quality; Decree No. 13/2022/NĐ-CP dated January 21, 2022 of the Government amending and supplementing certain provisions of Decree No.132/2008/NĐ-CP December 31, 2008, Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government detailing the implementation of certain provisions of the Law on Product and Commodity Quality and Decree No.86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Metrology;

Technology;

At the proposal of the Director General of the National Standardization, Metrology and Quality Control Department and the Head of the Legal Affairs Department;

The Minister of Science and Technology issues this Circular on the management of product and commodity traceability.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the management of product and commodity traceability including: state management over the activity of product and commodity traceability; regulations on the traceability system for products and commodities ensuring connectivity and data sharing; management of the use of product tracking codes, location tracking codes, and data carriers; responsibilities of organizations and individuals implementing product and commodity traceability; responsibilities of organizations and individuals providing services and solutions for product and commodity traceability and organizations implementing traceability for products and commodities.

Article 2. Applicability

This Circular applies to the following subjects:

1. Organizations and individuals engaged in production, business, and service activities that implement product and commodity traceability.

2. Organizations and individuals providing services and solutions related to product and commodity traceability.

3. State management agencies and related organizations and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Traceability is the activity of monitoring and identifying a unit of a product or service through each stage according to time and place in the production, processing, storage, preservation, transportation, distribution, and sale process.

2. Traceability system is a system comprising the identification of products, collection, and storage of information about the status of products over time and place for managing information on product quality and safety.

3. Product tracking code is a series of numbers or alphanumeric characters used to identify a product at various stages of production and business during the traceability process.

4. Location tracking code is a series of numbers or alphanumeric characters used to identify a location where an event occurs at various stages of production and business during the traceability process.

5. Origin tracing code is the final identifying code in each stage of the traceability process (including a series of numbers or alphanumeric characters formed from the product tracking code, location tracking code, batch/product lot number, and time of occurrence) and encoded in a data carrier, reflecting public and transparent information about products and commodities in the market, providing information for origin tracing.

6. Data carrier for origin tracing is a means or object containing data (labels, tags, cards, and other suitable means or objects), ensuring that the device can read it.

7. Origin tracing data includes data from different parts and processes within the defined scope of origin tracing. Origin tracing data includes data on product quality and safety and basic information.

8. "One step before - one step after" principle is the traceability principle under which organizations and individuals must retain information to ensure the ability to monitor and identify the previous production and business stage and the subsequent production and business stage for a traced product.

9. National origin tracing product and commodity information portal includes hardware, software, and databases to provide information on the origin of products and commodities capable of connecting information with the traceability systems of sectoral ministries, localities, agencies, organizations, enterprises, and international systems.

Article 4. Principles of Application

1. Organizations and individuals producing products and goods specified in Clause 4, Article 19d of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality (hereinafter referred to as Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government), supplemented by Clause 3, Article 1 of Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government amending and supplementing some articles of Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Product Quality, and Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding implementation of certain provisions of the Law on Metrology (hereinafter referred to as Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government) shall implement product and good traceability as prescribed in this Circular.

2. Organizations and individuals engaged in production, business, and service for products and goods not falling within the scope regulated in Clause 1 of this Article may choose to implement product and good traceability as prescribed in this Circular if they have such needs.

3. Organizations and individuals engaged in production, business, and service who wish to connect with the National Product and Good Traceability Information Portal must comply with the provisions of this Circular.

4. Strictly adhere to legal regulations on confidentiality during the implementation of product and good traceability and connection with the National Product and Good Traceability Information Portal.

Chapter II

PROVISIONS ON TRACEABILITY

PRODUCTS AND GOODS

Article 5. Management of the use of traceability codes products, location traceability codes, and data carriers

1. Organizations and individuals implementing product and good traceability shall ensure that the product traceability codes and location traceability codes used are consistent with the National Standard TCVN 13274:2020 on Traceability - Guidelines for Format of Codes Used in Traceability, as announced by the Ministry of Science and Technology before their use.

2. Organizations and individuals implementing product and good traceability shall ensure that the data carriers used are consistent with the National Standard TCVN 13275:2020 on Traceability - Data Carrier Format, as announced by the Ministry of Science and Technology. The data carriers shall be affixed, printed, attached, cast, engraved, or carved directly onto the products, goods, commercial packaging of goods, or other materials attached to the goods or commercial packaging of goods, ensuring that the devices can read them.

Article 6. Provisions on the traceability system for products and goods ensuring connectivity and data sharing

1. The traceability system for products and goods shall ensure the following principles:

a) The "One Step Before-One Step After" principle: ensuring the ability to monitor and identify the production and business stages preceding and following in the production and business process for a product or good;

b) The "Availability of Key Data Elements" principle: key data elements must be collected, stored, and updated promptly in detailed reports on significant events during the production process and supply chain;

c) The "Transparency" principle: the traceability system must meet minimum transparency requirements by using static data on customers, suppliers, products, and production conditions;

d) The "Full Participation of All Parties Involved in Traceability" principle: the traceability system must include full participation from all parties involved in traceability of the organization.

2. The traceability system for products and goods of organizations and individuals must fully cover the traceability process according to national standards, national technical regulations, international standards, regional standards corresponding to the type of products and goods, and be published in accordance with applicable standards and technical regulations. The basis for publication in compliance is based on the self-assessment results of organizations and individuals or certification results from designated certification bodies under the law.

3. The traceability data for each product and good in the traceability system for products and goods shall include at least the following information:

a) Name of the product or good;

b) Image of the product or good;

c) Name of the production and business unit;

d) Address of the production and trading unit;

đ) Production and trading stages (including at least: product tracing code, location and time event tracing code for each stage);

e) Production and trading time (time of origin traceability events);

g) Traceability code of the product or good;

h) Brand, trademark, symbol code, serial number of the product (if any);

i) Expiry date of the product or good (if applicable);

k) Applied national standards, technical regulations, international standards, regional standards, and enterprise standards.

4. The traceability system for products and goods to connect with the National Product and Good Traceability Information Portal must include at least the information stipulated in Clause 3 of this Article.

5. The traceability data for products and goods to serve consumers' inquiries on the National Product and Good Traceability Information Portal shall include at least the following information:

a) Name of the product or good;

b) Image of the product or good;

c) Name of the production and business unit;

d) Address of the production and trading unit;

d) Production and business time (time when origin tracing events occur);

e) Brand, trademark, code symbol, serial number of the product (if any);

g) Expiry date of the product or good (if applicable).

6. Each product in every event after each stage is identified with a traceability code for traceability. The traceability code is encoded in the data carrier.

7. The data carriers for traceability must comply with the provisions of Clause 2, Article 5 of this Circular. The information after decoding shall include at least the information stipulated in Clause 5 of this Article. The minimum storage time for traceability data for each type of product or good shall be implemented according to the regulations of the relevant ministries managing the industry or sector.

Chapter III

STATE MANAGEMENT OF TRACEABILITY

PRODUCTS AND GOODS

Article 7. Ministry of Science and Technology

1. Implement the contents prescribed in Clause 1 and Clause 4, Article 19d of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government, supplemented by Clause 3, Article 1 of Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government.

2. Entrust the National Standardization Agency to be the permanent agency assisting the Ministry of Science and Technology in managing the traceability of products and goods:

a) Take the lead in guiding the application, organizing publicity, training, and implementing activities related to the traceability of products and goods;

b) Construct, operate, and manage the national product and good traceability information portal;

c) Take the lead in researching and developing technical solutions to ensure interoperability, data exchange, and connectivity for product and good traceability with the national product and good traceability information portal; support organizations and individuals in maintaining data on the national product and good traceability information portal;

d) Designate certification organizations for product and good traceability systems according to the provisions of the law;

đ) Inspect and supervise product and good traceability.

3. Report periodically before December 25 each year or at any time when required, to the Prime Minister on the implementation of product and good traceability activities.

Article 8. Sectoral Management Ministries

1. Implement the contents prescribed in Clause 2 and Clause 4, Article 19d of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government, supplemented by Clause 3, Article 1 of Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government.

2. Develop proposals, programs, plans for implementation, allocate necessary resources to implement activities related to product and good traceability within their jurisdiction.

3. Take the lead and coordinate with the Ministry of Science and Technology and relevant ministries and sectors to inspect and supervise product and good traceability within their jurisdiction.

4. Take the lead and coordinate with the Ministry of Science and Technology (through the National Standardization Agency) to manage traceability information at sectoral management ministries; provide and search for information on the national product and good traceability information portal to serve state management functions at sectoral management ministries.

5. Report periodically each year or at any time when required, on the implementation of product and good traceability activities at sectoral management ministries according to the reporting form attached to this Circular, sent to the Ministry of Science and Technology (through the National Standardization Agency) for consolidation and reporting to the Prime Minister. The deadline for finalizing data, the submission deadline, and the method of submitting and receiving reports shall be implemented according to Circular No. 13/2021/TT-BKHCN dated December 30, 2021 of the Minister of Science and Technology on the reporting system for periodic reports within the scope of the Ministry of Science and Technology's state management (hereinafter referred to as Circular No. 13/2021/TT-BKHCN dated December 30, 2021 of the Minister of Science and Technology).

Article 9. Provincial People's Committees and Municipal People's Committees under the Central Government

1. Implement the contents prescribed in Clause 3, Article 19d of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government, supplemented by Clause 3, Article 1 of Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government.

2. Entrust the advisory and assisting agencies of the provincial and municipal people's committees under the central government to manage state administration over product and commodity traceability at the local level in accordance with Clause 13, Article 8 of Decree No. 24/2014/ND-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial and municipal people's committees under the central government:

a) Take the lead and coordinate with the General Department of Standardization, Metrology and Quality Control to guide the application, organize publicity, training, implementation, and management of traceability at the local level; coordinate with the General Department of Standardization, Metrology and Quality Control to exploit, provide, and search for information on the National Product and Commodity Traceability Information Portal to serve state administrative management at the local level;

b) Take the lead and coordinate with the General Department of Standardization, Metrology and Quality Control and relevant agencies in managing, inspecting, and handling violations related to product and commodity traceability at the local level;

c) Based on the actual situation at the local level, develop plans for implementation, estimate necessary resources to implement activities related to product and commodity traceability annually, medium-term, and long-term at the local level, report to the provincial and municipal people's committees under the central government for consideration and approval;

d) Develop appropriate measures to encourage, attract, and support businesses within the area to establish traceability systems for products and commodities from their own resources and other sources of support, report to the provincial and municipal people's committees under the central government for consideration and decision.

3. Regularly or promptly when required, report the implementation status of product and commodity traceability activities at the local level according to the Report Form attached hereto, send it to the Ministry of Science and Technology (through the General Department of Standardization, Metrology and Quality Control) for consolidation and reporting to the Prime Minister. The deadline for data verification, the time limit for submitting reports, and the method of sending and receiving reports shall be carried out in accordance with Circular No. 13/2021/TT-BKHCN dated December 30, 2021 of the Minister of Science and Technology.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IMPLEMENTING TRACEABILITY AND ORGANIZATIONS AND INDIVIDUALS PROVIDING TRACEABILITY SERVICES AND SOLUTIONS

TRACEABILITY AND ORGANIZATIONS AND INDIVIDUALS PROVIDING SERVICES, SOLUTIONS FOR TRACEABILITY

SERVICES, SOLUTIONS FOR TRACEABILITY OF ORIGIN

Article 10. Responsibilities of organizations and individuals implementing product and commodity traceability

1. Adhere to regulations on product and commodity traceability as stipulated in this Circular.

2. Implement the publication of traceability systems for products and commodities in accordance with national standards, national technical regulations, international standards, and regional standards.

3. Bear legal responsibility for traceability information on products and commodities as prescribed in this Circular.

4. Be subject to inspection, examination, and supervision by competent state management agencies regarding product and commodity traceability in accordance with the law.

5. In cases where information is connected to the National Product and Commodity Traceability Information Portal, the traceability data on products and commodities as prescribed in Clause 5, Article 6 of this Circular shall be updated promptly according to each production and business stage into the National Product and Commodity Traceability Information Portal; organizations and individuals shall cooperate with the General Department of Standardization, Metrology and Quality Control to ensure the maintenance of data on the National Product and Commodity Traceability Information Portal.

Article 11. Responsibilities of organizations and individuals providing traceability services and solutions for products and goods

1. Provide traceability services and solutions for products and goods that meet the requirements stipulated in this Circular.

2. Bear legal responsibility for the services and solutions provided to organizations and individuals related to the traceability of products and goods. In cases where organizations and individuals providing traceability services and solutions for products and goods wish to connect with the National Traceability Product and Goods Information Portal, they shall cooperate with the General Department of Standardization, Metrology, and Quality Control to implement such connections and ensure the maintenance of data on the National Traceability Product and Goods Information Portal.

3. Be subject to inspection, supervision, and monitoring by competent state management agencies regarding product and goods traceability in accordance with the provisions of the law.

Chapter V
IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Circular takes effect from June 1, 2024.

Article 13. Transitional Provisions

Organizations and individuals who have established and operated traceability systems for products and goods prior to the effective date of this Circular, if they wish to connect with the National Traceability Product and Goods Information Portal, shall conduct a review and publish their traceability systems in compliance with the provisions of Article 6 of this Circular.

Article 14. Implementation Organization

1. The General Department of Standardization, Metrology, and Quality Control shall guide and organize the implementation of this Circular.

2. In cases where legal regulatory documents cited in this Circular are amended, supplemented, or replaced, implementation shall be carried out according to the new document. In cases where standards cited in this Circular are amended, supplemented, or replaced, implementation shall follow the guidance of the Ministry of Science and Technology.

3. During the implementation process, if there are difficulties or obstacles, organizations and individuals involved are requested to promptly report them in writing to the Ministry of Science and Technology (through the General Department of Standardization, Metrology, and Quality Control) for guidance or research to amend and supplement accordingly.

4. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular./.

Appendix

MODEL REPORT ON THE IMPLEMENTATION OF ACTIVITIES

PRODUCT AND GOODS TRACEABILITY

(Attached to Circular No. 02/2024/TT-BKHCN dated March 28, 2024 of the Minister of Science and Technology)

NAME OF MINISTRY/INDUSTRY/PROVINCIAL PEOPLE'S COMMITTEE

Respected: Ministry of Science and Technology

PRODUCT AND GOODS TRACEABILITY

^____________

Implementing Circular No. 02/2024/TT-BKHCN dated March 28, 2024 of the Minister of Science and Technology on the management of product and goods traceability, ...name of the managing ministry, industry, or provincial people's committee... hereby reports on the implementation of activities related to product and goods traceability at the ministry, industry level, and locality as follows:

1. Activities in drafting and promulgating regulations on traceability within the authority:

2. Activities in identifying groups of products and goods that must undergo traceability and priority groups for implementing traceability (for ministries managing industries and sectors)

………………………………………………………………………………….

2. Activities to identify groups of products and goods that must implement traceability of origin, and priority groups of products and goods for the implementation of traceability of origin (for relevant ministries managing industries and sectors):

………………………………………………………………………………….

3. Activities in promoting, disseminating, guiding, and training:

………………………………………………………………………………….

4. Implementation status of projects, programs, and plans:

………………………………………………………………………………….

5. Inspection and supervision status within the authority:

………………………………………………………………………………….

6. Implementation status of other related activities:

………………………………………………………………………………….

7. Evaluation of advantages, difficulties, and causes:

………………………………………………………………………………….

8. Proposals and recommendations:

………………………………………………………………………………….

...name of the managing ministry, industry, or provincial people's committee... hereby reports on the implementation of activities related to product and goods traceability at the ministry, industry level, and locality for the Ministry of Science and Technology to compile and report to the Prime Minister./.