Circular No. 09/2007/TT-BKHCN guiding the implementation of certain provisions of Government Decree No. 89/2006/NĐ-CP dated August 30, 2006 on product labeling

CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 89/2006/NĐ-CP

ISSUED ON AUGUST 30, 2006, ON PRODUCT LABELING

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BỘ TRƯỞNG BỘ KHOA HỌC VÀ CÔNG NGHỆ

BASED ON DECREE NO. 54/2003/NĐ-CP, ISSUED ON MAY 19, 2003, BY THE GOVERNMENT ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF SCIENCE AND TECHNOLOGY, AND DECREE NO. 28/2004/NĐ-CP, ISSUED ON JANUARY 16, 2004, BY THE GOVERNMENT AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 54/2003/NĐ-CP;

BASED ON DECREE NO. 89/2006/NĐ-CP, ISSUED ON AUGUST 30, 2006, BY THE GOVERNMENT ON PRODUCT LABELING;

THE MINISTRY OF SCIENCE AND TECHNOLOGY GUIDES THE IMPLEMENTATION OF CERTAIN CONTENTS REGARDING PRODUCT LABELING AS FOLLOWS:

I. GENERAL PROVISIONS

1. SECONDARY LABELS

a) A secondary label shall be used for imported goods in accordance with Clause 3, Article 9 of Decree No. 89/2006/NĐ-CP issued on August 30, 2006, by the Government on product labeling (hereinafter referred to as Decree No. 89/2006/NĐ-CP).

b) The secondary label must be affixed to the goods or the commercial packaging of the goods and must not obscure the content of the primary label. The content on the secondary label must not mislead the content of the primary label.

c) In cases where additional mandatory information according to Vietnamese laws on product labeling is added to the label when such information is not present on the primary label, the organization or individual responsible for labeling must bear legal responsibility for the accuracy and truthfulness of the additional content. Additional content on the secondary label must not mislead the content of the primary label.

2. DISTINGUISHING COMMERCIAL PACKAGING FROM CONTAINERS THAT ARE NOT COMMERCIAL PACKAGING

Types of containers that are not considered commercial packaging include:

a) Containers used solely for storage, transportation, and preservation of goods already labeled;

b) Bags containing goods purchased;

c) Containers used to hold loose goods taken from larger packages for retail sale;

d) Containers holding goods, tanks transporting fuel, liquids, or bulk cement.

3. LANGUAGE USED ON PRODUCT LABELS

a) If the content of the label in Vietnamese is translated into another language, it must not mislead the content of the Vietnamese label.

b) If non-mandatory content is recorded in another language without being translated into Vietnamese, it must not mislead the nature or function of the product or other content on the label.

c) For the same content on the original label, the size of the characters in another language must not exceed the size of the Vietnamese characters.

4. RESPONSIBILITY FOR LABELING PRODUCTS

a) Goods produced, assembled, processed, or packaged in Vietnam for domestic circulation must have their labels completed by the organization or individual completing the goods or performing the final process before circulation.

b) In cases where an organization or individual responsible for labeling products according to Article 10 of Decree No. 89/2006/NĐ-CP requests another organization or individual to perform the labeling, they still bear responsibility for the labeling of their own products.

Example: An organization or individual importing goods may request the manufacturer or another entity within or outside Vietnam to label the imported goods through contracts or agreements but must still bear responsibility for the labeling when the goods are circulated in Vietnam.

c) In cases where the product label is incomplete or incorrectly labeled, the organization or individual producing or trading in the goods must either correct the deficiencies themselves or implement the corrections as required by state management agencies.

- Adding content to the label can be done directly on the product label or by attaching a sticker with the additional content firmly to the product label without obscuring existing information on the label.

- Removing incorrect content from the product label must ensure that it cannot be restored to its previous state.

II. CONTENT OF PRODUCT LABELS

1. LABELING PRODUCTS IN ACCORDANCE WITH ARTICLE 12 OF DECREE NO. 89/2006/NĐ-CP

a) Organizations and individuals must determine which category of goods their products fall under as specified in Article 12 of Decree No. 89/2006/NĐ-CP to record the corresponding mandatory information.

- Classification is based on the purpose of the goods.

Example: Motorcycle tires should be classified under Clause 44 (Automotive Parts) rather than Clause 22 (Plastic and Rubber Products).

- In cases where a good has multiple purposes, classification is based on the main purpose of the good.

Example: A desk telephone with a night light and electronic clock should be classified under Clause 35 (Information Technology, Telecommunications Equipment) rather than Clause 34 (Electrical and Electronic Products).

- In cases where a good can be classified under multiple categories, it should be classified under the most appropriate category.

Example: Orange juice should be classified under Clause 3 (Beverages) rather than Clause 2 (Food).

- In cases where a good cannot be classified according to these provisions, classification should be based on the Harmonized System (HS) code.

Example: Contraceptive chemicals (HS Chapter 30 - Pharmaceuticals) should be classified under Clause 7 (Medicines for Humans) rather than Clause 12 (Domestic Chemicals for Humans).

b) Where specific types of goods belonging to the groups defined in Article 12 of Decree No. 89/2006/NĐ-CP are specified by relevant ministries, classification shall be carried out in accordance with the regulations of those ministries.

2. NAME OF GOODS

a) When a component is used as part of the name of the goods, the quantity of that component must be recorded according to Clause 2, Article 18 of Decree No. 89/2006/NĐ-CP.

Example: "beef sausage" must indicate the beef content next to the name of the goods: "beef sausage (30% beef)" or list it in the ingredients section: "beef content not less than 30%" or separately on the label: "30% beef".

b) In cases where flavoring agents are used to create color, aroma, or taste and this is indicated alongside the name of the goods, the quantity does not need to be recorded.

Example: "apple-scented facial cleanser," "pink lipstick," "strawberry-flavored pasteurized milk" do not require the recording of the quantity of flavoring agents "apple scent," "pink color," "strawberry flavor," but the components of the flavoring agents must still be listed as required.

c) In the case where the name of the extracted substance or essence from natural materials is listed alongside the product name, the quantitative component of the extracted substance or essence must be indicated, or the equivalent weight of raw material used to produce that quantity of extracted substance or essence.

Example: For facial cleanser extracted from watermelon, it can be labeled as 0.001% watermelon essence or 200g watermelon per unit of product.

3. Name and address of the organization or individual responsible for the product

a) The name of the organization or individual and place name shall not be abbreviated.

Example: Company Hoang Phu, Industrial Zone Tien Son, Tien Du, Bac Ninh, the terms “Hoang Phu,” “Tien Son,” “Tien Du,” “Bac Ninh” shall not be abbreviated as "HP," “TS,” “TD,” “BN."

b) In the case where the product or goods are manufactured at the registered business location, the label must indicate the name and address of the production facility according to the business registration.

Example: Manufactured at Company A, Industrial Zone Song Than, Binh Duong

c) In the case where the product or goods are manufactured at locations other than the registered business location, the label must indicate the address of the manufacturing location.

Example: If the vegetarian noodles of Company A are produced in multiple places, it should be labeled as follows:

If produced at the factory in Hung Yen, it should be labeled "produced at Factory X, Town Nhu Quynh, Van Lam, Hung Yen" or "product of Company A, produced at Town Nhu Quynh, Van Lam, Hung Yen." If produced at the factory in Binh Duong, it should be labeled "produced at Factory Y, Commune An Phu, Thuong An, Binh Duong" or "product of Company A, produced at Commune An Phu, Thuong An, Binh Duong."

If multiple production addresses are listed on the same label, there must be a guide or symbol on the label to identify the production location.

Example: If the rose detergent of Company A is produced in different places such as Industrial Zone Sai Dong, Gia Lam, Ha Noi; Commune An Phu, Thuong An, Binh Duong, if produced at Industrial Zone Sai Dong, Gia Lam, Ha Noi, it should be displayed on the label in one of the following ways:

- Method 1: "Production facility address see next to NXS

BD: Commune An Phu, Thuong An, Binh Duong;

HN: Industrial Zone Sai Dong, Gia Lam, Ha Noi.

NSX 081106 HN".

- Method 2: "Production facility address marked x

Commune An Phu, Thuong An, Binh Duong;

Industrial Zone Sai Dong, Gia Lam, Ha Noi. x ”   

Organizations or individuals responsible for labeling may choose their own symbols to mark.

d) Goods produced jointly by two or more organizations or individuals shall indicate the name and address of the organization or individual completing the final stage before the goods enter circulation.

In the case where organizations or individuals perform steps to complete the goods before entering circulation such as assembly, packaging, bottling, the label must indicate the name and address of the organization or individual performing the assembly, packaging, bottling, and have the right to indicate the name or name and address, trademark, brand, and other contents of the organization or individual producing the goods before assembly, packaging, bottling when permitted by these organizations.

Example 1: Computer company A at No. 100 Street B, Ha Noi buys computer parts from various sources and assembles them at Workshop X in Bac Thang Long Industrial Zone, Ha Noi, into complete computers for sale, it should be shown as follows:

- Assembled at Workshop X, Bac Thang Long Industrial Zone, Ha Noi, or

- Product of Computer Company A at No. 100 Street B, Ha Noi assembled at Workshop X, Bac Thang Long Industrial Zone, Ha Noi.

Example 2: Sugar produced at Lam Son Sugar Factory in Thanh Hoa packed in 50kg bags, Store A at No. 70 Street B, Ha Noi repackaged in 1kg quantities for sale, it should be labeled as:

- Repacked at Store A, No. 70 Street B, Ha Noi, or

- Produced at Lam Son Sugar Factory in Thanh Hoa, repacked at Store A, No. 70 Street B, Ha Noi.

Example 3: Fish sauce produced at Company A in Nha Trang contained in barrels. Enterprise D at No. 80 Street B, Ha Noi purchases and bottles in 1-liter quantities for sale, it should be labeled as:

- Bottled at Enterprise D, No. 80 Street B, Ha Noi, or

- Produced at Company A in Nha Trang, bottled at Enterprise D, No. 80 Street B, Ha Noi.

đ) If the production facility of the goods is a member of an organization such as a Company, Group Corporation, Holding, Association, and other organizations, it has the right to indicate the name or name and address, trademark, brand, and other contents of that organization on the label when permitted by these organizations, but still must indicate the production address.

Example: Electric fans produced at Factory A, Sai Dong, Gia Lam, Ha Noi belonging to Company B, Group Corporation C, on the label can indicate "Group Corporation C, Company B, produced at Factory A, Sai Dong, Gia Lam, Ha Noi".

e) In the case where the label of the goods additionally lists the name and address of another organization or individual for promotion of the product, the relationship between the additional organization or individual and the product must be indicated.

Example: Laundry powder produced at Factory A in Bien Hoa II Industrial Zone, Dong Nai Province, but on the label indicates "Company B" or "Institute of Chemical Industry" or "Vietnam Chemical Society"; Factory A is not part of Company B, Institute of Chemical Industry, Vietnam Chemical Society, then it must be indicated: "Produced for Company B", "Quality tested at Institute of Chemical Industry", "Technical advice from Vietnam Chemical Society".

4. Quantity of goods

a) Some units of measurement used to indicate quantity on the product label:

- Mass units: kilogram (kg), gram (g), milligram (mg). Below 1 kg, use the unit g (for example, write 500g instead of 0.5 kg); Below 1g, use the unit “mg” (for example, write 500mg instead of 0.5g).

- Volume units: liter (l), milliliter (ml). Below 1 liter, use the unit “ml” (for example, write 500ml instead of 0.5 liters).

In the case of solid goods, volume units are used: Cubic meter (m³), decimeter cube (dm³), centimeter cube (cm³), millimeter cube (mm³). Below 1m³, use “dm³”, “cm³” or “mm³”.³b) Some units of measurement used to indirectly express net mass, actual volume, or directly express area, length:³- Area units: Square meter (m²), Decimeter square (dm²), Centimeter square (cm²), Millimeter square (mm²).³- Length units: Meter (m), Decimeter (dm), Centimeter (cm), Millimeter (mm). Below 1m, use the unit “dm”, “cm” or “mm”.³). Less than 1m³ then use “dm”³”, “cm”³” or “mm”³”. 

b) Some units of measurement are used to indirectly express net weight, actual volume, or directly express area and length:

- Unit of area measurement: Square meter (m²), Square decimeter (dm²), Square centimeter (cm²), Square millimeter (mm²). Less than 1m² then use “dm”²”, “cm”²” or “mm”²”.

- Unit of length measurement: Meter (m), Decimeter (dm), Centimeter (cm), Millimeter (mm). Below 1m, use the unit “dm”, “cm” or “mm”.

c) Record the unit of measurement on the product label either by its full name or by its symbol. For example: record as "gram" or "g"; record as "milliliter" or "ml".

5. Production date, expiration date, storage period

a) The terms "production date," "expiration date," and "storage period" recorded on the label may be fully written or abbreviated in uppercase letters as: “NSX,” “HSD,” “HBQ.”

b) The method of recording day, month, and year for production date, expiration date, and storage period is specified in Article 16 of Decree 89/2006/NĐ-CP.

Example: If the production date is April 2, 2006, and the expiration date is October 2, 2008, then the label should record it in one of the following ways:

- NSX: 020406

HSD: 021008; or

- NSX 02 04 06

HSD 02 10 08; or

- NSX: 02042006

HSD: 02102008; or

- NSX: 02 04 2006

HSD: 02 10 2008; or

- NSX: 02/04/06

HSD: 02/10/08; or

- NSX: 020406

HSD: 30 months; or

- NSX: 020406

HSD: 30 months from the production date.

c) In cases where the abbreviations "NSX," "HSD" cannot be recorded together with the numerical date, month, and year, instructions must be provided on the label.

Example: If the bottom of the packaging records the production time and expiration date as "020406 021008," then the label must state: See NSX, HSD at the bottom of the packaging.

d) When the label records in a foreign language "NSX," "HSD," instructions must be provided on the label.

Example: If the packaging records the production date and expiration date as "MFG 020406 EXP 021008," then the label must state: NSX, HSD see "MFG" "EXP" on the packaging.

đ) When recording the production month, record the month number and the year number.

Example: Produced in February 2006, the label should record as "SX 02/06" or "SX 02/2006" or "Produced in February 2006."

e) When recording the production year, all four digits of the year must be recorded.

Example: Produced in 2006, the label should record as "Produced in 2006" or "Year of production: 2006."

g) The expiration date as defined in Clause 10, Article 3 of Decree 89/2006/NĐ-CP can also be expressed as: final expiration date (Expiration date or use by dates) and best before date (Best if used by dates or Best before dates). The recording method for these expiration dates is as follows:

- Final expiration date (Expiration date or use by dates) is recorded like the expiration date and abbreviated as “HSD” according to Points b, c, and d of this clause.

- Best before date (Best before dates) must be fully recorded as "Use best before...". The recording of the time period after "Use best before" is done according to Point b, c, or d of this clause.

6. Ingredients, quantitative ingredients

The method of recording ingredients and quantitative ingredients is carried out according to the provisions of Article 18 of Decree 89/2006/NĐ-CP.

a) Water added as raw material for production and processing and remaining in the product shall be recorded as an ingredient of that product.

b) In cases where the name of an ingredient is recorded on the product label to attract attention to the product, the quantity of that ingredient must be recorded.

Example: If the label separately records the phrase "High Calcium Content," then the calcium content must be recorded.

c) Household metal goods and items made primarily from a single raw material that determines their utility value must record the name of the primary raw material along with the product name and need not record ingredients and quantitative ingredients.

Example: Products labeled as plastic basin, leather shoes, bamboo mat, iron chair, paper towel, foam cushion, porcelain bottle do not need to record ingredients and quantitative ingredients.

7. Information, hygiene and safety warnings

The content of hygiene and safety warning information on product labels is regulated in Article 19 and Appendix IV of Decree 89/2006/NĐ-CP.

Warning information on the label must be recorded in text, images, or symbols according to international conventions and relevant regulations.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its publication in the Official Gazette.

2. Detailed guidance on the content and labeling methods for specific products under specialized management areas shall be issued by Ministries and ministerial-level agencies after coordinating with the Ministry of Science and Technology.

3. During the implementation of this Circular, if there are any issues, organizations and individuals are requested to promptly reflect them to the Ministry of Science and Technology for research and resolution./.