Circular No. 10/2020/TT-BKHCN detailing and providing implementation measures for certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008, and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government on the use of code numbers and barcodes.

CIRCULAR

Providing detailed regulations and implementation measures for certain provisions

of Decree No. 132/2008/NĐ-CP dated December 31, 2008

and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government

on the use of product codes and barcodes

___________________________

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 the Law on Information Technology dated June 29, 2006;

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 Quality and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality;

Pursuant to Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government stipulating business conditions for conformity assessment services and Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain provisions on investment and business conditions in the field under the management of the Ministry of Science and Technology and certain provisions on specialized inspections;

Pursuant to Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on handling administrative procedures in an electronic environment;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and 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 providing detailed regulations and implementation measures for certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government on the use of product codes and barcodes.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations and implementation measures regarding the use of product codes and barcodes at Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality.

Article 2. Applicability

This Circular applies to the following subjects:

1. Organizations and individuals engaged in production, business, and service provision using code numbers and barcodes.

2. Organizations and individuals providing solutions related to code numbers and barcodes.

3. State management agencies and other organizations and individuals related to the use of code numbers and barcodes.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Code Number is a series of numbers or letters used to identify products, services, locations, organizations, and individuals.

2. Barcode is a method of storing and transmitting information through product codes using: linear barcode symbols (one-dimensional barcodes); sets of points (Data Matrix, QR code, PDF417, and other two-dimensional barcodes); radio frequency identification chips (RFID) and other identification technologies;

3. GS1 is the abbreviated name of the International Organization for Standardization and Automatic Identification and Data Capture Technologies, which establishes and promulgates international standards for product codes and barcodes, and specifies management procedures, usage, and related service provision. GS1 has representatives in each country, including GS1 Vietnam in Vietnam;

4. The prefix of the Vietnamese national code "893" is assigned by GS1 to GS1 Vietnam.

5. Enterprise code prefix consists of the national code prefix and the enterprise's or individual's identification number when registering for code numbers and barcodes.

6. Global Location Number (GLN) - Mã số địa điểm toàn cầu (tiếng Anh là Global Location Number) consists of the enterprise code prefix and the location identification number according to GS1 standards.

7. Global Trade Item Number (GTIN) - Mã số sản phẩm toàn cầu (tiếng Anh là Global Trade Item Number) consists of the enterprise code prefix and the product identification number according to GS1 standards.

8. Electronic form refers to administrative procedure forms and declarations presented in electronic format.

9. Electronic copy is an electronic image of a paper original or file containing complete and accurate content as recorded in the original paper document.

Chapter II

USE OF CODE NUMBERS AND BARCODES

Section 1

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS USING PRODUCT CODES AND BARCODES

Article 4. Responsibilities of organizations and individuals using product codes and barcodes with the Vietnamese national code prefix "893"

1. Implementing the provisions of Clause 1, Article 19b of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality (hereinafter referred to as Decree No. 132/2008/NĐ-CP), amended and supplemented by Clause 9, Article 1 of Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality (hereinafter referred to as Decree No. 74/2018/NĐ-CP).

2. Registering the use of product codes and barcodes at the One-Stop Service Center of the National Standard Measurement Quality Administration or online at the National Public Service Portal or the Public Service Portal of the Ministry of Science and Technology.

3. After being assigned a company code prefix, organizations and individuals declare, update, and provide relevant information about the organization or individual using product codes and barcodes to the database managed by the National Standard Measurement Quality Administration (the national authority on product codes and barcodes) at the address http://vnpc.gs1.gov.vn, including at least the following contents:

a) GTIN;

b) Product name, brand;

c) Product description;

d) Product category (types of products with similar characteristics);

đ) Company name;

e) Target market;

g) Product image.

4. Ensure that the printing of code numbers and barcodes on product packaging complies with international standards ISO/IEC 15426-1 and ISO/IEC 15426-2 or corresponding national standards.

After receiving the Certificate of Right to Use Product Codes and Barcodes, if organizations and individuals have the need to confirm that their product codes and barcodes comply with the international standards ISO/IEC 15426-1 and ISO/IEC 15426-2 or corresponding national standards, they shall follow the technical guidance provided by the National Standard Measurement Quality Administration.

5. Organizations and individuals shall not use code numbers and barcodes for purposes that mislead information from the registered information.

Article 5. Responsibilities of organizations and individuals using code numbers and barcodes not in accordance with the standards of the International Organization for Standardization of Code Numbers and Barcodes GS1

1. Organizations and individuals using product codes and barcodes not in accordance with the standards of the International Organization for Standardization and Automatic Identification and Data Capture Technologies (GS1) shall implement the provisions of Clause 3, Article 19b of Decree No. 132/2008/NĐ-CP, amended and supplemented by Clause 9, Article 1 of Decree No. 74/2018/NĐ-CP.

2. The National Standard Measurement Quality Administration shall organize technical guidance for organizations and individuals using product codes and barcodes not in accordance with the standards of the International Organization for Standardization and Automatic Identification and Data Capture Technologies (GS1) without contravening the provisions of Clause 1 of this Article.

Section 2

GUIDANCE ON PROCEDURES FOR ISSUING THE CERTIFICATE OF RIGHT TO USE

PRODUCT CODES AND BARCODES

Article 6. Guidelines for procedures to issue the Certificate of Right to Use Code Numbers and Barcodes

1. Issue new Certificates of Right to Use Code Numbers and Barcodes for the following entities:

a) Organizations and individuals who have not registered to use code numbers and barcodes;

b) Organizations and individuals who have been issued Certificates of Right to Use Code Numbers and Barcodes and require re-registration under the following circumstances:

b1) Have exhausted the allocated code number pool;

b2) Supplementing Global Location Number (GLN) codes;

b3) Have had their Certificates of Right to Use Code Numbers and Barcodes revoked but now meet the conditions for reissue according to the law;

b4) Their Certificates of Right to Use Code Numbers and Barcodes have expired.

2. Reissue Certificates of Right to Use Code Numbers and Barcodes for the following entities:

Organizations and individuals who have been issued Certificates of Right to Use Code Numbers and Barcodes and whose Certificates are still valid but have been lost, damaged, or have changed information regarding the name or address of the organization or individual.

3. Organizations and individuals submit applications directly at the One-Stop Service Center of the National Standard Measurement Quality Administration or send them via postal service to the National Standard Measurement Quality Administration, in accordance with the provisions of Clause 3, Article 19c of Decree No. 132/2008/NĐ-CP, amended and supplemented by Clause 9, Article 1 of Decree No. 74/2018/NĐ-CP, and declare in accordance with the provisions of Clause 3, Article 4 of this Circular.

4. Validity period of the Certificate

a) The validity period of the Certificate of Right to Use Product Codes and Barcodes in the case of issuance does not exceed three years from the date of issuance, in accordance with Point a, Clause 3, Article 19c of Decree No. 132/2008/NĐ-CP, amended and supplemented by Clause 9, Article 1 of Decree No. 74/2018/NĐ-CP.

b) The validity period of the Certificate of Right to Use Code Numbers and Barcodes in the case of reissuance is recorded according to the validity period of the previously issued Certificate of Right to Use Code Numbers and Barcodes.

Section 3

SIMPLIFICATION AND COST REDUCTION IN IMPLEMENTING ADMINISTRATIVE PROCEDURES

THROUGH INFORMATION TECHNOLOGY APPLICATIONS

Article 7. Guidelines for the procedure to issue Certificates of Rights to Use Code Numbers and Barcodes through Information Technology Applications

a) Documents for applying for a new Certificate of Right to Use Product Codes and Barcodes include:

a1) An electronic form for declaring registration information with a digital signature. The contents of the electronic form comply with Model No. 12 attached to Decree No. 74/2018/NĐ-CP;

a2) A copy of the Business Registration Certificate or Investment Registration Certificate or Decision on Establishment or equivalent documents.

b) Documents for reapplying for a Certificate of Right to Use Product Codes and Barcodes include:

b1) An electronic form for registering information to reissue with digital signature. The contents in the electronic form shall be implemented in accordance with Form No. 13 attached as an appendix to Decree No. 74/2018/NĐ-CP;

b2) An electronic copy of the Enterprise Registration Certificate or Investment Registration Certificate or Decision on Establishment of the Enterprise or equivalent documents in cases of changing name, address, and the Certificate of Rights to Use Code Numbers and Barcodes issued (except in cases of loss).

2. Organizations and individuals simultaneously submit the application dossier and pay registration fees and maintenance fees through the online payment function as prescribed by law.

3. Organizations and individuals declare in accordance with Clause 3 of Article 4 of this Circular.

4. Procedure for issuing Certificates of Rights to Use Code Numbers and Barcodes.

a1) In case the application for a new Certificate of Rights to Use Code Numbers and Barcodes is incomplete according to regulations, within 01 working day from the date of receiving the application, the national agency responsible for code numbers and barcodes under the General Department of Standardization, Metrology, and Quality Management shall notify the organization or individual to amend and supplement the application through the National Public Service Portal, the Ministry of Science and Technology's Public Service Portal, or other communication channels of the applicant. Within 05 working days from the date of notification, the organization or individual shall amend and supplement the application;

a2) In case the application for a new Certificate of Rights to Use Code Numbers and Barcodes is complete and valid, and the organization or individual has paid the required fees according to regulations, within 10 days, the General Department of Standardization, Metrology, and Quality Management shall issue an electronic Certificate of Rights to Use Code Numbers and Barcodes containing the information specified in Form No. 14 attached as an appendix to Decree No. 74/2018/NĐ-CP;

a3) In case the organization or individual submits the application online but requests a paper Certificate of Rights to Use Code Numbers and Barcodes; within 15 days from the date of receiving the complete and valid application and the organization or individual has paid the required fees according to regulations, the General Department of Standardization, Metrology, and Quality Management shall issue a paper Certificate of Rights to Use Code Numbers and Barcodes in accordance with Form No. 14 attached as an appendix to Decree No. 74/2018/NĐ-CP;

a4) The validity period of the Certificate of Rights to Use Code Numbers and Barcodes shall not exceed 03 years from the date of issuance according to point a, Clause 3, Article 19c of Decree No. 132/2008/NĐ-CP amended and supplemented at Clause 9, Article 1 of Decree No. 74/2018/NĐ-CP.

b) Procedure for reissuing Certificates of Rights to Use Code Numbers and Barcodes:

b1) In case the application for reissuing a Certificate of Rights to Use Code Numbers and Barcodes is incomplete according to regulations; within 01 working day from the date of receiving the application, the national agency responsible for code numbers and barcodes under the General Department of Standardization, Metrology, and Quality Management shall notify the organization or individual to amend and supplement the application through the National Public Service Portal, the Ministry of Science and Technology's Public Service Portal, or other communication channels of the applicant. Within 05 working days from the date of notification, the organization or individual shall amend and supplement the application;

b2) In case the application for reissuing a Certificate of Rights to Use Code Numbers and Barcodes is complete and valid, within 05 days from the date of receiving the application, the General Department of Standardization, Metrology, and Quality Management shall issue an electronic Certificate of Rights to Use Code Numbers and Barcodes containing the information specified in Form No. 14 attached as an appendix to Decree No. 74/2018/NĐ-CP;

b3) In case the organization or individual submits the application online but requests a paper Certificate of Rights to Use Code Numbers and Barcodes; within 10 days from the date of receiving the complete and valid application, the General Department of Standardization, Metrology, and Quality Management shall issue a paper Certificate of Rights to Use Code Numbers and Barcodes in accordance with Form No. 14 attached as an appendix to Decree No. 74/2018/NĐ-CP;

b4) The validity period of the Certificate of Rights to Use Code Numbers and Barcodes is recorded according to the validity period of the previously issued Certificate of Rights to Use Code Numbers and Barcodes.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Effective Date

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

2. The following provisions shall cease to be effective from the date this Circular takes effect:

a) Decision No. 15/2006/QĐ-BKHCN dated August 23, 2006, of the Minister of Science and Technology on the issuance of "Regulations on Issuance, Use, and Management of Code Numbers and Barcodes";

b) Circular No. 16/2011/TT-BKHCN dated June 30, 2011, of the Minister of Science and Technology amending and supplementing certain provisions of "Regulations on Issuance, Use, and Management of Code Numbers and Barcodes" issued together with Decision No. 15/2006/QĐ-BKHCN dated August 23, 2006, of the Minister of Science and Technology.

Article 9. Transitional Provisions

1. For Certificates of Rights to Use Code Numbers and Barcodes issued before July 1, 2018, organizations and individuals must complete the application and apply for reissuance of the Certificate of Rights to Use Code Numbers and Barcodes in accordance with this Circular before April 1, 2024.

From April 1, 2024, if organizations and individuals do not apply for and obtain a reissued Certificate of Rights to Use Code Numbers and Barcodes in accordance with this Circular, the previously issued Certificate of Rights to Use Code Numbers and Barcodes will expire.

The General Department of Standardization, Metrology, and Quality Management shall publicly announce the expiration of the Certificate of Rights to Use Code Numbers and Barcodes on the database managed by the General Department of Standardization, Metrology, and Quality Management (the national agency responsible for code numbers and barcodes) at the website http://vnpc.gs1.gov.vn.

Article 10. Responsibility for Implementation

1. The General Department of Standardization, Metrology, and Quality Management shall guide and implement this Circular and issue technical documents to confirm the quality of code numbers and barcodes in compliance with international standards ISO/IEC 15426-1 and ISO/IEC 15426-2 or corresponding national standards.

2. If national standards, national technical regulations, international standards, or legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the newly issued national standards, national technical regulations, international standards, or legal normative documents.

3. During implementation, if there are difficulties or obstacles, organizations and individuals are advised to promptly report them in writing to the Ministry of Science and Technology (through the General Department of Standardization, Metrology, and Quality Management) for guidance or research on amendments and supplements to ensure compliance.

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./.