Decree No. 111/2021/ND-CP Amending and supplementing some articles of Decree No. 43/2017/ND-CP dated April 14, 2017 of the Government on product labels

DECREE

Amending and supplementing certain articles N |||Decree number 43/2017/NĐ-CP April 14, 2017 of specialized agency under the People's Committee of the province/city.Government on product labeling

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Pursuant to the Law on Organization of the Government dated June 19, 2015, and the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Trade dated June 14, 2005;

Based on the Consumer Protection Law dated November 17, 2010;

Pursuant to the proposal of the Minister of Science and Technology;

The Government promulgates this Decree amending and supplementing certain provisions of Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government on product labeling.

Article 1. Amend and supplement certain provisions of Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government on product labeling as follows:

1. Amend and supplement Article 1

"Article 1. Scope of Regulation

1. This Decree stipulates the contents, methods of recording, and state management of labels for goods circulating in Vietnam, exported goods, and imported goods.

2. The following types of goods are not within the scope of regulation of this Decree:

a) Real estate;

b) Goods temporarily imported for re-export; transit goods; goods for transshipment; imported goods stored in bonded warehouses for export to third countries;

c) Luggage of persons exiting or entering the country; movable property;

d) Seized goods sold at auction;

e) Fresh or live food products, processed food without packaging sold directly to consumers;

f) Fuel, raw materials (agricultural, aquatic, mineral products), waste materials (in production and business) without packaging sold directly to consumers;

g) Gasoline, gas (LPG, CNG, LNG), liquid substances without commercial packaging contained in containers or tanks;

h) Used goods;

i) Goods in the field of national security and defense; radioactive goods; goods used in emergency situations to mitigate natural disasters and epidemics; railway, waterway, and air transportation vehicles.

3. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Decree, the provisions of such international treaties shall apply.";

2. Amend and supplement Article 2

"Article 2. Scope of Application

This Decree applies to organizations and individuals producing and trading goods in Vietnam; organizations and individuals exporting and importing goods; state agencies; and related organizations and individuals.";

3. Amend and supplement Clause 1 of Article 7

"Article 7. Language of Product Labeling

1. Compulsory information on labels of goods circulating in the Vietnamese market must be recorded in Vietnamese, except for exported goods not consumed domestically and except in cases provided for in Clause 4 of this Article.";

4. Amend and supplement Clause 4 of Article 9

"Article 9. Responsibility for Labeling Goods

4. Organizations and individuals importing goods into Vietnam must label them according to the compulsory content requirements for imported goods labels as stipulated in this Decree.";

5. Amend and supplement Article 10

"Article 10. Compulsory Information on Product Labels

1. Labels of goods currently circulating in Vietnam must compulsorily display the following information in Vietnamese:

a) Name of the goods;

b) Name and address of the organization or individual responsible for the goods;

c) Origin of the goods.

If the origin cannot be determined, the final place of completion of the goods as specified in Clause 3 of Article 15 of this Decree shall be indicated;

d) Other compulsory information that must be displayed on the label according to the nature of each type of goods as prescribed in Appendix I attached to this Decree and relevant laws.

In cases where goods have characteristics belonging to multiple groups specified in Appendix I attached to this Decree and not regulated in other relevant legal documents, the organization or individual responsible for the goods shall determine the group of the goods based on its main function and record the information as prescribed in this point.

In cases where the size of the goods does not allow all compulsory information to be displayed on the label, the information specified in points a, b, and c of Clause 1 of this Article must be displayed on the label, and the information specified in point d of Clause 1 of this Article must be recorded in accompanying documents and the label must indicate where these details are recorded.

2. Original labels of imported goods must compulsorily display the following information in a foreign language or Vietnamese when undergoing customs clearance procedures:

a) Name of the goods;

b) Origin of the goods.

If the origin cannot be determined, the final place of completion of the goods as specified in Clause 3 of Article 15 of this Decree shall be indicated;

c) Name or abbreviated name of the organization or individual producing the goods or the organization or individual responsible for the goods abroad.

c1) In cases where the original label of the imported goods does not display the full name and address of the organization or individual producing the goods or the organization or individual responsible for the goods abroad, this information must be fully displayed in accompanying documents.

c2) For imported goods with original labels in a foreign language as stipulated in points a, b, and c of Clause 2 of this Article, after completing customs clearance procedures and transferring to storage warehouses, the importer must supplement the Vietnamese label according to the provisions of Clause 1 of this Article before circulating the goods in the Vietnamese market.

3. Labels of exported goods must comply with the labeling regulations of the importing country.

a) When indicating the origin of exported goods on the label, the content must comply with the provisions of Clause 1 of Article 15 of this Decree.

b) The content of the label of exported goods must comply with the provisions of Clause 2 of Article 18 of this Decree.

4. The Minister of Science and Technology shall specify in detail some of the compulsory information to be displayed on the labels of goods as prescribed in point d of Clause 1 of this Article through electronic means.";

6. Amend and supplement Clause 3 of Article 12

"Article 12. Name and Address of the Organization or Individual Responsible for the Goods

3. Imported goods for circulation in Vietnam must display the name and address of the producer and the name and address of the importer on the product label.

Goods that are medical devices produced domestically or imported for circulation in Vietnam shall bear the name and address of the owner of the medical device and the name and address of the owner of the registration number. In cases where the medical device does not yet have a registration number, the name and address of the owner of the medical device and the name and address of the organization or individual on the import permit shall be recorded.

7. Amend and supplement Article 15

"Article 15. Origin of goods

1. Organizations and individuals producing, exporting, and importing shall independently determine and record the origin of their goods truthfully and accurately, complying with legal regulations on the origin of exported and imported goods, goods produced in Vietnam, or international commitments to which Vietnam is a party.

2. The origin of goods recorded on the label shall be expressed using one of the following phrases: "produced in"; "manufactured in"; "country of production"; "origin"; "produced by"; "product of" followed by the name of the country or territory that produced the goods or recorded according to legal regulations on the origin of goods.

3. In cases where the origin of goods cannot be determined according to Clause 1 of this Article, the place where the final process to complete the goods is carried out shall be recorded. This shall be expressed using one of the following phrases or a combination thereof to indicate the final process: "assembled in"; "bottled in"; "mixed in"; "completed in"; "packaged in"; "labeled in" followed by the name of the country or territory where the final process to complete the goods was carried out.

4. The name of the country or territory that produced the goods or the place where the final process to complete the goods was carried out shall not be abbreviated.

8. Amend and supplement point a, b Clause 3 Article 16

"Article 16. Composition, Quantitative Composition

3. For certain types of goods, recording the composition and quantitative composition shall be carried out as follows:

a) For food products, the composition shall be recorded in descending order by weight.

a1) If the component is a food additive, the group name of the food additive, the name of the food additive, or the international INS code (if available) shall be recorded.

a2) If the food additive is a sweetener or coloring agent, the group name of the sweetener or coloring agent, the name of the substance or the international INS code (if available), and whether it is "natural," "nature identical," "synthetic," or "artificial" shall also be recorded.

a3) If the component is a flavoring agent, "flavoring" shall be recorded along with one or more of the following phrases to clarify its nature: "natural," "nature identical," "synthetic," "artificial."

a4) In cases where the national code for additives coincides with the international INS code, the national code may be used instead of the international INS code.

b) For human medicines, veterinary medicines, plant protection products, insecticides, and disinfectants used in household and medical fields, the components and concentrations of active ingredients shall be recorded.

9. Amend and supplement Article 24

"Article 24. Transitional Provisions

1. Goods bearing labels in compliance with Decree No. 43/2017/NĐ-CP that were produced, imported, and circulated before the effective date of this Decree shall continue to be circulated and used until the expiration date indicated on the label.

4. Goods bearing labels in compliance with Decree No. 43/2017/NĐ-CP that were produced, imported, and circulated in Vietnam before the effective date of this Decree but are not required to have an expiration date on the label may continue to be circulated and used.

5. Labels and packaging bearing labels in compliance with Decree No. 43/2017/NĐ-CP that were produced and printed before the effective date of this Decree may continue to be used for production of goods, but not exceeding two years from the effective date of this Decree.

Article 2. Repeal and replace certain provisions of Decree No. 43/2017/NĐ-CP.

1. Repeal Clause 2, Article 8; Point b, Clause 2, Article 5 of Decree No. 43/2017/NĐ-CP.

2. Repeal the provision that states: For goods that cannot be exported or are returned, when put back into circulation on the market, the label must have a bold printed line stating "Produced in Vietnam" as stipulated in Clause 4, Article 8 of Decree No. 43/2017/NĐ-CP.

3. Repeal Appendix I; Appendix IV; Appendix V in Decree No. 43/2017/NĐ-CP and replace them with Appendix I; Appendix IV; Appendix V of this Decree.

Article 3. Effectiveness

This Decree takes effect from February 15, 2022.

Article 4. Responsibilities for Implementation

1. The Minister of Science and Technology shall be responsible for guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.