Circular No. 04/2001/TT-BTM guiding the implementation of Directive No. 28/2000/CT-TTg dated December 27, 2000 of the Prime Minister on the implementation of the Labeling Regulation issued together with Decision No. 178/1999/QĐ-TTg dated August 30, 1999.

CIRCULAR

OF THE MINISTRY OF TRADE NO. 04/2001/TT-BTM
DATE February 22, 2001 GUIDING IMPLEMENTATION
OF DIRECTIVE NO. 28/2000/CT-TTg OF THE PRIME MINISTER ON
IMPLEMENTATION
OF THE REGULATIONS ON PRODUCT LABELING ISSUED TOGETHER WITH
DECISION NO. 178/1999/QD-TTg OF AUGUST 30, 1999

In order to strictly and effectively implement the Product Labeling Regulations issued together with Decision No. 178/1999/QD-TTg of August 30, 1999 of the Prime Minister (hereinafter referred to as the Product Labeling Regulations), and to promptly address existing difficulties and issues, on December 27, 2000, the Prime Minister issued Directive No. 28/2000/CT-TTg on implementing product labeling (hereinafter referred to as Directive 28). The Ministry of Trade hereby guides as follows:

1. State management agencies shall strengthen inspection and supervision of the implementation of the Product Labeling Regulations for products circulating in the market and handle cases of violation according to the following guidelines:

a- Inspection and supervision of product labeling:

The content of inspections to implement the Product Labeling Regulations must include provisions on the form of labeling (such as the way of marking contents on products, packaging, supplementary labels, accompanying documents, languages used...); and the content of labeling (compulsory and non-compulsory contents). Inspections of the form and content of product labeling must be based on the Product Labeling Regulations issued together with Decisions of the Prime Minister, and Circulars guiding the implementation of the Product Labeling Regulations issued by relevant Ministries and sectors.

Inspections of the implementation of product labeling should be carried out step-by-step, not widely, with focus and priorities, clearly identifying the objects, areas, and types of goods to be inspected. Inspections should concentrate on key points of distribution such as wholesale markets, supermarkets, shopping centers, etc. The objects of inspection are products circulating in the market of individuals, organizations, production and business enterprises. Attention should be paid to inspecting groups of goods such as food; medicines for humans; cosmetics; medicines for prevention and treatment of animals and plants; fertilizers; cement and other construction materials; engine lubricants, etc.

It is necessary to inspect both the printing and importation of product labels that do not comply with the Product Labeling Regulations. Inspections and supervision must not be abused to harass, cause inconvenience to production and business establishments, or disrupt the market stability.

b- Handling violations of the Product Labeling Regulations:

The purpose of inspecting product labeling is primarily to urge, remind, and guide the implementation of the Product Labeling Regulations. Handling of violations related to product labeling shall only be implemented against cases violating current Government Decrees on administrative penalties in other related fields. Inspections and handling of violations related to product labeling must be conducted within the scope of authority, procedures, and formalities stipulated by current laws. Any issues arising during the implementation of inspections and handling at the grassroots and local levels must be reported promptly to the Ministry of Trade for examination and guidance on handling. Activities related to inspections of the implementation of the Product Labeling Regulations and handling at the grassroots and local levels must be reported promptly to the Ministry of Trade for examination and guidance on handling.

2. For old labels printed before January 1, 2001, but not yet used up, they shall be handled as follows:

These labels must be declared, inspected, and confirmed by the competent authority as the basis for administrative penalty.

Authority to organize guidance, inspection, and confirmation:

a. For General Corporations 91, 90, and enterprises under central Ministries and Sectors:

Relevant Ministries and Sectors shall instruct the General Directors (Directors) of enterprises to guide, declare, inspect, and confirm the number of old labels of all types of goods that have not been used up and are actually still in stock at the time of declaration according to the model attached to this Circular and send it to the main managing Ministry or Sector for confirmation.

b. For General Corporation 90 and enterprises under provinces and centrally-administered cities: cities under the Central Government:

Provincial People's Committees of centrally-administered cities shall instruct the General Directors (Directors) of enterprises to guide, declare, inspect, and confirm the number of old labels of all types of goods that have not been used up and are actually still in stock at the time of declaration according to the model attached to this Circular and send it to the main managing Department or Sector at the local level for confirmation. In cases where the locality does not have a specialized Department, it shall be sent to the Commerce Department for confirmation.

c. For enterprises with foreign investment in industrial zones, export processing zones, and high-tech parks:

Only declarations, inspections, and confirmations will be made for old labels that will be permitted to be imported and consumed in the domestic market. permission to import and consume in the domestic market.

The Heads of provincial or centrally-administered city industrial zone management boards shall instruct the General Directors (Directors) of enterprises to guide, declare, inspect, and confirm the number of old labels of all types of goods that have not been used up and are actually still in stock at the time of declaration according to the model attached to this Circular and send it to the local industrial zone management board for confirmation.

d. For enterprises with foreign investment outside industrial zones, export processing zones, and high-tech parks:

Provincial Commerce Departments shall instruct the General Directors (Directors) of enterprises to guide, declare, inspect, and confirm the number of old labels of all types of goods that have not been used up and are actually still in stock at the time of declaration according to the model attached to this Circular and send it to the local Commerce Department for confirmation. ofThe General Directors (Directors) of enterprises shall bear legal responsibility for the truthfulness of the declarations and confirmations of their enterprises. Central Ministries and Sectors, local Departments and Sectors, Industrial Zone Management Boards, Export Processing Zone Management Boards, and High-Tech Park Management Boards may verify the accuracy of these declarations before officially confirming them. Authorities confirming the declarations shall bear legal responsibility for their confirmations.

The General Director (Director) of enterprises shall be responsible under the law for the truthfulness of the declarations and confirmations made by the enterprises. Central ministries and sectors in charge, local departments and sectors in charge, industrial park management boards, export processing zone management boards, high-tech park management boards may check the accuracy of these declarations before officially confirming them. State management agencies that confirm the declarations shall be responsible under the law for such confirmations.

The declaration and confirmation of remaining old product labels shall be uniformly carried out according to the annexes (Form A, Form B) attached hereto; enterprises shall prepare three copies, retain one copy for themselves, one copy for the inspection authority to confirm, and send one copy to the Ministry of Trade (for central enterprises) or the Department of Trade for reporting purposes.

The deadline for declaring, inspecting, and confirming old product labels still in stock must be completed before May 31, 2001.

3. Supplementary Vietnamese labels must be added to provide information missing from old product labels compared to the Labeling Regulation requirements, allowing products to continue circulating, including both domestically produced and imported goods. If supplementary labels cannot be affixed, they should be attached, pinned, or included with the goods to provide to buyers.

4. For domestically produced goods intended for export, if foreign customers request specific labeling, customs authorities will process clearance but must include the label content "Made in Vietnam" or "Product of Vietnam." Other contents may be labeled according to importers' requests. Inspection agencies are not required to inspect or control labeling for exported goods that have been cleared.

5. Pursuant to Directive No. 28/2000/CT-TTg issued on December 27, 2000 by the Prime Minister, the Ministry of Trade requests all Ministries, Sectors, and Provincial People's Committees to report on the implementation of the Labeling Regulation following each inspection round and quarterly to the Ministry of Trade for consolidation and reporting to the Prime Minister, and to seek timely guidance to resolve difficulties and obstacles.

Respectfully submitted to: Ministry (General Department)…

DECLARATION AND REQUEST FOR CONFIRMATION

(Types and quantities of labels not conforming to the Labeling Regulation issued together with Decision No. 178/1999/QĐ-TTg dated August 30, 1999 of the Prime Minister currently in stock at the enterprise)

Note: For central enterprises.

Respectfully submitted to: Department…

DECLARATION AND REQUEST FOR CONFIRMATION

(Types and quantities of labels not conforming to the Labeling Regulation issued together with Decision No. 178/1999/QĐ-TTg dated August 30, 1999 of the Prime Minister currently in stock at the enterprise)

Note: For local enterprises.