Circular No. 16/2011/TT-BKHCN Amending and supplementing certain articles of the "regulations on the issuance, use, and management of barcode numbers" issued together with Decision No. 15/2006/QĐ-BKHCN dated August 23, 2006, of the Minister of Science and Technology.

CIRCULAR

Amending and supplementing certain provisions of the "regulations on the issuance, use, and management of barcode numbers" issued together with Decision No. 15/2006/QĐ-BKHCN dated August 23, 2006, of the Minister of Science and Technology

______________________

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

On the basis of Resolution No. 67/NQ-CP dated December 24, 2010, issued by the Government regarding the simplification of administrative procedures within the scope of management functions of the Ministry of Science and Technology;

At the proposal of the Director General of the Standard Measurement Quality Control Department

Considering the proposal of the Director General of the Standardization, Measurement, and Quality Control Department,

The Minister of Science and Technology stipulates:

Article 1. Amending and supplementing certain provisions of the "Regulations on the Issuance, Use, and Management of Barcode Numbers" issued together with Decision No. 15/2006/QĐ-BKHCN dated August 23, 2006, of the Minister of Science and Technology as follows:

1. Amending and supplementing Clause 2 of Article 7 as follows:

"2. The application dossier for using barcode numbers shall include one set, specifically as follows:

a) An application form for using barcode numbers according to the model prescribed in Appendix I of these Regulations (two copies);
b) A copy of the Business Registration Certificate for production, trading, and commercial enterprises or a copy of the Establishment Decision for other organizations (the original must be presented for verification, except when the copy has been notarized) (one copy); c) A Product Registration List using GTIN according to the model prescribed in Appendix II of these Regulations (two copies)."

2. Amending and supplementing Clause 1 of Article 9 as follows:

"1. Within no more than three working days from the date of receipt of the application dossier, the General Department of Standardization, Metrology, and Quality Control will review the application dossier for using barcode numbers.

a) If the dossier is valid, the General Department of Standardization, Metrology, and Quality Control will issue the barcode number; record it in the registration book, store it in the national barcode number database, and issue a Certificate of Right to Use Barcode Numbers.

b) If the dossier is invalid, the General Department of Standardization, Metrology, and Quality Control will request the organization/company to complete it."

3. Amending and supplementing Clause 1 of Article 11 as follows:

"1. Organizations/companies using barcode numbers must pay the fee for issuing barcode numbers when applying for their use and the annual maintenance fee to the organization receiving the application dossier in accordance with Circular No. 88/2002/TT-BTC dated October 2, 2002, regarding the "Regulations on the Collection, Payment, and Management of Fees for Issuing Barcode Numbers"; Circular No. 36/2007/TT-BTC dated April 11, 2007, amending and supplementing Circular No. 88/2002/TT-BTC of the Ministry of Finance, and current relevant regulations."

4. Amend and supplement Article 15 as follows:

"Article 15. Transfer and Authorization to Use Barcode Numbers and the Use of Foreign Codes

1. Organizations/companies are not allowed to transfer the right to use barcode numbers already issued by the General Department of Standardization, Metrology, and Quality Control to other organizations/companies.
2. When an organization/company wishes to authorize a joint venture entity or a processing entity to use its barcode numbers already issued by the General Department of Standardization, Metrology, and Quality Control to print on joint venture products or under processing contracts, the organization/company must provide an authorization letter (letter of authorization, usage contract, or other forms of authorization) confirmed by the General Department of Standardization, Metrology, and Quality Control and send it to the joint venture entity or processing entity as proof of authorization.

5. Amending Article 16 as follows:

3. Organizations/companies operating in Vietnam that wish to use foreign codes to print on their products must obtain permission from the competent authority of the foreign country or be authorized by the organization/company that owns the foreign code, and must notify the General Department of Standardization, Metrology, and Quality Control in writing, attaching a copy of the certificate of right to use the code or the authorization letter."

6. Amend and supplement Article 20 as follows:

"The General Department of Standardization, Metrology, and Quality Control is the unified management agency for registration data for using barcode numbers in Vietnam and the use of foreign codes in Vietnam, organizing data exploitation in accordance with the regulations of the International Organization for Standardization (ISO) and Vietnamese law."

7. Amend and supplement Article 21 as follows:

"The General Department of Standardization, Metrology, and Quality Control and organizations receiving applications for using barcode numbers have the responsibility to keep confidential information of organizations/companies applying for using barcode numbers, except for information required to be disclosed according to the requirements of the International Organization for Standardization (ISO)."

8. Amending and replacing Appendices I and II issued together with Decision No. 15/2006/QĐ-BKHCN with Appendices I and II issued together with this Circular; abolishing Appendix III issued together with Decision No. 15/2006/QĐ-BKHCN.

Article 2. The General Department of Standardization, Metrology and Quality Assurance is responsible for guiding and organizing the implementation of this Circular.

Article 3

1. This Circular takes effect from August 20, 2011.

2. The Director of the General Department of Standardization, Metrology, and Quality Control, the Head of the Legal Affairs Department, and related organizations and individuals are responsible for implementing this Circular./.