JOINT CIRCULAR No. 1191/TT-LB ON THE MANAGEMENT OF LABELS AND ADVERTISING FOR PRODUCTS AND GOODS

 JOINT CIRCULAR 

OF THE NATIONAL SCIENTIFIC AFFAIRS COMMITTEE AND THE MINISTRY OF CULTURE - INFORMATION - SPORTS AND TOURISM NO. 1191-TT/LB DATED JUNE 29, 1991 ON REGULATING LABELS AND ADVERTISING FOR PRODUCTS AND GOODS

In recent times, information and advertising activities for products and goods have made certain contributions to promoting the development of a multi-component commodity economy in our country. However, the work of product and good advertising and label management (including issues related to printing and using product labels and brand labels) has revealed many shortcomings: the content of product and good advertising lacks legal basis and scientific accuracy, even misrepresenting the level and quality of products and goods, causing confusion in information and eroding consumer confidence in the quality of products and goods; at the same time, it creates unfair competition in production and trade. The printing and trading of labels and packaging already printed with product labels and brand labels are still arbitrary, creating loopholes for fake goods to develop.

Currently, the State has issued the Press Law, Product Quality Ordinance; Decree on inspection and handling of fake goods production and trade; the Ministry of Culture - Information - Sports and Tourism has issued Directive No. 738/VP dated August 10, 1990 on advertising work. To ensure that label and product and good advertising management comply with the law and promote healthy economic development; the National Scientific Affairs Committee and the Ministry of Culture - Information - Sports and Tourism hereby jointly stipulate as follows:

1. Advertising for products and goods is an activity aimed at providing consumers with information about production and trade, quality, usage methods and preservation conditions, warranty conditions for products and goods... through publications, billboards, posters, audio-visual media...

2. Products and goods must meet the following conditions before they can be labeled or advertised:

- Having a production and business permit issued by the competent authority;

- Products and goods listed in the mandatory quality registration directory must obtain a quality registration certificate from the Standards - Measurement - Quality Control agency;

- Products and goods listed in the mandatory conformity certification directory to Vietnamese Technical Regulations (TCVN) must obtain a TCVN conformity certificate from the General Department of Standards - Measurement - Quality Control;

- Medicines and medical products must obtain a production permit from the Health Management agency;

- The draft label submitted for printing must have a valid permit from the competent authority.

3. Printing establishments (printers) wishing to print labels and organizations providing advertising services for products and goods must obtain permits from the following competent authorities:

- The Ministry of Culture - Information - Sports and Tourism issues permits to organizations providing advertising services and printing establishments printing labels at the central level;

- Provincial People's Committees, municipal people's committees, and centrally-administered special cities issue permits to organizations providing advertising services and printing establishments printing labels at the local level.

Printing establishments and organizations providing advertising services must comply with the regulations on advertising work set forth in Directive No. 738/VP dated August 10, 1990 of the Ministry of Culture - Information - Sports and Tourism and the provisions of this Circular.

4. The content of product and good advertising must comply with legal regulations, ensuring truthfulness and accuracy according to the registered contents or in the permit issued by the competent authority.

Label printers must ensure accurate printing according to the original draft, in the quantity specified in the permit (original) and in the approved plan.

5. The following agencies shall, within their respective functions and authorities, be responsible for inspecting and handling violations in the printing and use of product labels and brand labels and in product and good advertising:

- People's Committees at all levels;

- The Ministry of Culture - Information - Sports and Tourism;

- Market management agencies;

- Standards - Measurement - Quality Control agencies;

- Industrial Property Management agencies;

- Public Security agencies and other enforcement agencies.

6. It is prohibited for any organization or individual to sell or exchange various types of product labels, brand labels, and packaging already printed with product labels or brand labels without the written permission of the owner of the product label or brand label.

7. Any organization or individual who fails to comply with the provisions of this Circular and Directive No. 738/VP dated August 10, 1990 of the Ministry of Culture - Information - Sports and Tourism will be subject to administrative penalties or criminal prosecution under current laws depending on the severity of the violation.

8. All organizations and individuals have the right to detect and report violations in the printing and use of labels and in product and good advertising to the competent agencies for inspection and handling as stipulated in Point 5 of this Circular and will be rewarded according to current regulations.

9. This Circular takes effect from the date of signature.