Circular No. 05/2019/TT-BKHCN detailing the implementation of certain provisions of the Government Decree No. 43/2017/NĐ-CP dated April 14, 2017 on product labels.

CIRCULAR

Article 24Providing detailed regulations to implement certain provisions of Decree No. 43/2017/NĐ-CP

dated April 14,amend2017ủa PrimeThe Minister of Science and Technology issues this Circular on the issuance of "National Technical Regulations on Gasoline, Diesel Fuel and Biofuel"onproductlabeling

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CamendPursuant to the Law on Product Quality Management dated July 21,n ln phrime Minister c2012shallPursuant to the Decree No. 95/2017/NĐ-CP dated August 6, 2017June 2024;been11 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

providing for the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;1Pursuant to Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government1on product labeling (hereinafter referred to as Decree No. 43/2017/NĐ-CP),17 clauseDeputy ministers of ministerial-level agencies,a Ch"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."hereinafter referred to as the DecreeThe Minister of Science and Technology issues this Circular on the issuance of "National Technical Regulations on Gasoline, Diesel Fuel and Biofuel"at the request of the General Department of Quality Control and the Legal Department of the Ministry of Science and Technology;amendThe Minister of Science and Technology issues this Circular providing detailed regulations to implement certain provisions of Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government on product labeling.

CamendThis Circular provides detailed regulations to implement certain provisions of Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government on product labeling, specifically as follows:1Clause 5, Article 3; Article 4; Clause 2, Clause 4, Article 7; Clause 1, Clause 3, Clause 6, Article 12; Clause 3, Article 14; Clause 1, Article 16; Clause 5, Article 17;The Minister of Science and Technology issues this Circular on the issuance of "National Technical Regulations on Gasoline, Diesel Fuel and Biofuel"onđượClause 5, Clause 15, Appendix I; Point 2, Clause 1; Point 3, Clause 2, Appendix II; Clause 1, Appendix III; Point 1, Clause 1, Appendix IV;shalla;

TThis Circular applies to organizations and individuals producing and trading goods in Vietnam; organizations and individuals importing goods; state agencies, organizations, and individuals related to the matter., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPCustoms General Department;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPCONTENT AND WAY OF LABELING GOODSArticle 3. Differentiating non-commercial packaging from commercial packagingto the reporting3. Amend Clause 3 Article 2 as follows:(Clause 5, Article 3 of Decree No. 43/2017/NĐ-CP)C1. The following types of packaging are not considered commercial packaging:This Decree stipulates the regulations on seniority allowances for teachers.a) Packaging used for storing, transporting, and preserving goods that already have product labels;

Minister of thea) Public security units at various levels and localities implementing administrative management for social order (hereinafter referred to as public security agencies), including:b) Bags containing goods purchased;bc) Packaging used to contain loose goods or retail goods.amend2017ủa PrimeThe Minister of Science and Technology issues this Circular on the issuance of "National Technical Regulations on Gasoline, Diesel Fuel and Biofuel"onproduct2. The following types of packaging must be accompanied by documents fully displaying the mandatory contents in Vietnamese as prescribed by Decree No. 43/2017/NĐ-CP and other relevant laws to replace the product label: cargo containers, ship holds, tankers transporting loose or liquid goods without packaging.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

For example, seafood products: cargo containers (including cases where the goods inside are raw materials consisting of one or more species of loose goods or blocks of uniform or non-uniform goods), ship holds containing loose goods of only one species or mixed species, tankers transporting loose or liquid goods without packaging.

In this case, the goods do not need to be labeled but must be accompanied by documents fully displaying the mandatory contents in Vietnamese as prescribed by Decree No. 43/2017/NĐ-CP and relevant laws.

If the accompanying documents are in a language other than Vietnamese, the importing enterprise must provide a Vietnamese translation.

Article 2. Applicability

Article 4. Position of product labels

Chapter II

(Article 4 of Decree No. 43/2017/NĐ-CP)

1. Mandatory information on product labels does not need to be displayed centrally on the label and can be displayed in other positions of the goods, ensuring that it can be easily recognized without disassembling parts of the goods. These mandatory contents are part of the product label. Example 1: The frame number of a motorcycle stamped on the frame or the Vm number of a car engraved directly on the body, although not displayed together with other mandatory contents, are still easily recognizable and form part of the product label.

Example 2: The production date, expiration date, or quantity of goods printed on the bottom or body of a bottle, even if not displayed together with other contents on the attached label, are still easily recognizable and form part of the product label.

2. Goods with both direct and outer packaging

a) Goods on the market with outer packaging, not sold individually in small units with direct packaging inside, must be labeled on the outer packaging.

b) Goods on the market with both outer packaging and sold separately in small units with direct packaging inside, must be fully labeled on both outer and direct packaging.

For example, a coffee box containing many small coffee packets inside:

- If the entire box of coffee is sold without selling the small packets separately, then the label must be fully displayed on the box.

- If the entire box of coffee and the small packets inside are sold separately, then the label must be fully displayed on both the box and the small packets.

- If a cardboard box containing coffee boxes already fully labeled inside can be opened to see the coffee boxes, then there is no need to label the cardboard box.

3. If the outer packaging is transparent and allows the contents of the inner label to be seen, it is not mandatory to label the outer packaging. (Article 4 Decree No. 43/2017/NĐ-CP)

1. However, the mandatory information on the product label does not need to be concentrated on the label itself but can be recorded at other positions on the product, ensuring that it can be easily recognized and fully observed without disassembling any parts of the product. Such mandatory information is part of the product label.

Example 1: The motorcycle frame number stamped on the frame or the vehicle identification number (VIN) of a car engraved directly on the body, although not located in the same position as other mandatory information, is still easily recognizable without disassembling any parts, and thus is part of the product label.

Example 2: The production date, expiration date, or quantity of the product printed on the bottom or body of a bottle, even if not in the same location as other information on the attached label, remains easily recognizable, and therefore is part of the product label.

2. Products with both primary packaging and outer packaging

a) For products sold on the market with outer packaging, where individual units of the product inside the primary packaging are not sold separately, the label must be affixed to the outer packaging.

b) For products sold on the market with both outer packaging and individual units of the product inside the primary packaging being sold separately, the label must be fully affixed to both the outer packaging and the primary packaging.

Example: A coffee box containing several small coffee packets:

- In the case where the entire coffee box is sold without selling the small coffee packets individually, the label must be fully affixed to the entire box.

- In the case where the entire coffee box is sold along with the small coffee packets inside being sold separately, the label must be fully affixed to both the entire coffee box and the small coffee packets inside.

- In the case where a cardboard box containing coffee boxes already fully labeled inside can be opened to view the coffee boxes within, there is no need to affix a label on the cardboard box.

3. If the outer packaging is transparent and allows the contents of the product label inside to be seen, there is no requirement to affix a label to the outer packaging.

Article 5. Language on Product Labels (Clause 2, Clause 4, Article 7 of Decree No. 43/2017/ND-CP)

1. The language presented on product labels does not have to translate all content into Vietnamese before translating into another language. If translated into another language, the content in that other language must ensure that readers understand it correspondingly with the Vietnamese content.

2. Contents that are not mandatory and expressed in another language shall not mislead about the nature or utility of the product and shall not misinterpret other contents on the product label.

3. The international name of a country or region that cannot be transliterated into Vietnamese or can be transliterated but has no meaning may be permitted to use the international name.

Example: Country names: Indonesia, Singapore, which when transliterated into Vietnamese have no meaning, may use the original names Indonesia, Singapore, or use the transliteration In-dô-nê-xi-a, Xinh-ga-po. Meanwhile, Russia or Germany must be translated as Nga, Đức.

Article 6. Recording Names and Addresses of Organizations and Individuals Responsible for Products (Clause 1, Clause 3, Clause 6, Article 12 of Decree No. 43/2017/ND-CP)

1. The specific names of organizations and individuals and place names recorded on product labels shall not be abbreviated, administrative unit terms may be abbreviated.

Example: "ward" is X; "district" is P; "county" is H; "urban district" is Q; "city" is TP; "province" is T.

2. Imported products circulating in Vietnam shall record the name and address of the organization or individual producing the product and the name and address of the organization or individual importing the product.

 Products produced at multiple production facilities under the same brand shall record the name and address of the organization or individual owning the brand or the name and address of the organization or individual responsible for the product in Vietnam on the product label if permitted by the brand owner, but must ensure traceability to the production facility when necessary and/or upon request from the competent authority managing the product, and clearly indicate the origin of the product on the product label.

3. Products only perform portioning, bottling, packaging after being allowed by the organization or individual producing the product and must ensure quality as declared by the manufacturer on the original label.

Example: Allow portioning, bottling, packaging according to contract. Products that are portioned, bottled, packaged must record the name and address of the organization or individual performing the portioning, bottling, packaging and the name and address of the organization or individual producing the product before portioning, bottling, packaging on the product label.

4. Products assembled from various parts and components imported and/or produced at multiple production facilities within the country shall clearly record on the product label the name and address of the organization or individual responsible for the assembled product, the assembly address, and clearly indicate the product origin in accordance with the legal provisions on determining product origin.

Article 7. Recording Production Date and Expiry Date on Product Labels (Clause 3, Article 14 of Decree No. 43/2017/ND-CP)

Products that are portioned, bottled, refilled, and repackaged must record the production date and expiry date as prescribed in Appendix I issued together with Decree No. 43/2017/ND-CP. Specifically, the following three contents must be fully displayed:

a) Production date;

b) Portioning, bottling, refilling, repackaging date shall not be abbreviated;

c) Expiry date.

Article 8. Recording components on product labels (Clause 1, Article 16 of Decree No. 43/2017/NĐ-CP)

1. In cases where the name of a component is recorded on the product label to attract attention to the product, such component must be compulsorily recorded with its quantity. The recording of the quantity does not necessarily have to be accompanied by the position of the component but can be recorded in other sections of the label.

2. In cases where the label emphasizes the absence, non-inclusion, or non-supplementation of one or more components, then:

 - Such component does not exist in the product or in the raw materials used to produce the product;

- The product does not contain components from the same group that have similar properties or functions to that component, except when the nature of the substitution is clearly noted.

Example 1: A product labeled "No sugar" if:

 - The product and the raw materials used to produce it do not contain sugar;

 - The sugar content in the product meets the "No sugar" standard of Codex Alimentarius: less than or equal to 0.5g/100g (solid) or 0.5g/100ml (liquid);

Example 2: Nutritional products for children allergic to cow's milk protein that do not contain cow's milk protein but contain soy protein may be labeled "No cow's milk protein" but must clearly note "Contains soy protein."

3. International treaties or international standards to which Vietnam is a member, if they provide for the level of absence of a component, shall apply the provisions of such treaty or standard.

Article 9. Recording technical specifications and warning information on product labels (Clause 5, Article 17 of Decree No. 43/2017/NĐ-CP)

Organizations and individuals responsible for recording nutritional values on product labels must ensure compliance with announced standards and relevant legal regulations.

If a specific nutritional value is recorded, it should be the average value of the range of nutritional values. The average value for nutritional declaration is the average weight of the characteristic values obtained from the analysis of representative samples of the product to be labeled.

Article 10. Recording genetically modified food on product labels (Point e, Clause 5, Appendix I issued together with Decree No. 43/2017/NĐ-CP)

Point e, Clause 5, Appendix I issued together with Decree No. 43/2017/NĐ-CP applies in cases where food contains genetically modified organisms, products of genetically modified organisms, with at least one genetically modified ingredient making up more than five percent (5%) of the total raw materials used to produce the food.

Article 11. Recording household chemical products on labels (Point 15, Appendix I issued together with Decree No. 43/2017/NĐ-CP)

Point e, Clause 15, Appendix I issued together with Decree No. 43/2017/NĐ-CP applies to household chemical products that must undergo registration procedures according to specialized laws.

Article 12. Recording quantities of goods on product labels (Point 2, Clause 1 and Point 3, Clause 2, Appendix II issued together with Decree No. 43/2017/NĐ-CP)

1. Volume units recorded on product labels include: liters (L), milliliters (ml), microliters (μl). For example, a bottle of water with a volume of 1000 ml should be recorded as follows: 1000 ml, 1 L, or 1l.

2. Recording the quantity of liquid goods can be done in one of two ways: "actual volume" or "actual volume at 20°C."

Article 13. Recording production date and expiration date on product labels (Clause 1 Appendix III promulgated together with Decree No. 43/2017/NĐ-CP)

For imported goods where the original label information about production date and expiration date is marked in letters, enterprises may annotate these lettered characters on the supplementary product label without having to re-record "NSX" and "HSD" in numerical form.

Example: MFG 20 Jan 2020, EXP 20 Feb 2022, recorded on the label as follows: NSX, HSD see "MFG", "EXP" on packaging, Jan=01, Feb=02... Dec=12.

Article 14. Recording components and quantitative components of goods on product labels (Point 1 Clause 1 Appendix IV promulgated together with Decree No. 43/2017/NĐ-CP)

Clause 1 Point 1 Appendix IV promulgated together with Decree No. 43/2017/ND-CP does not apply in cases where water is used as a solvent for plating bands, protecting products, and is discarded after product use.

Chapter III IMPLEMENTATION PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from January 1, 2021.

It is encouraged that organizations, individuals, and enterprises implement the provisions of this Circular before its effective date.

2. Circular No. 09/2007/TT-BKHCN dated April 6, 2007, issued by the Minister of Science and Technology guiding the implementation of certain provisions of Government Decree No. 89/2006/NĐ-CP dated August 30, 2006, on product labeling, and Circular No. 14/2007/TT-BKHCN dated July 25, 2007, issued by the Minister of Science and Technology supplementing Circular No. 09/2007/TT-BKHCN dated April 6, 2007, guiding the implementation of certain provisions of Government Decree No. 89/2006/NĐ-CP dated August 30, 2006, on product labeling shall cease to be effective from the date this Circular takes effect.

Article 16. Responsibility for Implementation

1. The Director of the General Department of Standardization, Metrology, and Quality Control shall organize the implementation and provide guidance on this Circular.

2. During implementation, if any issues arise, it is recommended that agencies, organizations, individuals, and enterprises promptly report in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements to ensure compliance.

3. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities, and related organizations, individuals, and enterprises are responsible for implementing this Circular./.