Decree No. 43/2017/ND-CP on product labels

DECREE

On product labeling

____________

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Consumer Rights Protection Law dated November 30, 2010;

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

The Government promulgates the Decree on product labeling.

PART I

GENERAL PROVISIONS

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

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

a) Real estate;

b) Goods temporarily imported for re-export; goods temporarily imported for participation in exhibitions and then re-exported; goods in transit; goods for transshipment; goods in transshipment;

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;

e) Raw materials, fuels, and materials (agricultural products, aquatic products, mineral products), construction materials (bricks, tiles, lime, sand, stone, gravel, cement, colored soil, mortar, ready-mixed concrete), waste materials (in production and business) without packaging and sold directly to consumers;

g) Petroleum products, liquefied petroleum gas (LPG), compressed natural gas (CNG), liquefied natural gas (LNG), liquid chemicals, bulk cement not in commercial packaging but in containers or tanks;

h) Used goods;

i) Exported goods not intended for domestic consumption;

k) 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.

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

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. A product label is a written, printed, drawn, or photographed representation of text, images, or drawings affixed, printed, attached, cast, engraved, or carved directly onto the product or its commercial packaging, or on other materials attached to the product or its commercial packaging.

2. Labeling products involves displaying essential information about the product on the label so that consumers can recognize, choose, purchase, and use it; for producers and traders to inform and promote their products; and for competent authorities to conduct inspections and supervision.

3. The original label of a product is the label first affixed by the organization or individual producing the product onto the product or its commercial packaging.

4. An additional label is a label that translates the mandatory content from the original label of the product into Vietnamese and supplements the mandatory content in Vietnamese according to Vietnamese law that is missing from the original label of the product.

5. The commercial packaging of a product is the packaging containing the product and circulating with it; commercial packaging of a product includes two types: Direct packaging and outer packaging:

a) Direct packaging is the packaging containing the product, coming into direct contact with the product, forming its shape or completely enclosing it.

b) Outer packaging is used to package one or several units of products with direct packaging.

6. Simply packaged goods are goods packed without the presence of consumers, allowing them to open and inspect the goods directly upon purchase.

7. Circulation of goods refers to the activities of displaying, promoting, transporting, and storing goods during the sales process, except for the transportation of goods by organizations and individuals importing goods from customs checkpoints to storage warehouses.

8. Transshipment goods are goods transferred from the exporting country to the importing country through customs checkpoints and placed in transshipment areas at Vietnamese ports.

9. The quantity of goods is the amount of goods expressed in units of measurement or counted by number.

10. The production date is the time mark when the final processing stage to complete the product or batch of products is finished.

11. "Expiry date" or "use-by date" is the time limit set for the use of goods or a batch of goods beyond which the goods will no longer maintain their inherent quality characteristics.

The expiry date of goods is indicated as a period from the production date to the expiration date or as a specific date, month, year of expiration. If the expiry date only indicates the month and year, the expiry date is calculated until the last day of the expiration month.

12. The components of goods include raw materials, including additives, used to produce the product and present in the finished product, even if the form of the raw material has changed.

13. Quantitative composition is the amount of each type of raw material, including additives, used to produce the goods.

14. Instructions for use and storage of goods are information related to the method of use, necessary conditions for use and storage, warnings of hazards, and procedures for handling hazardous incidents.

15. Warning information is information to ensure safety for health, property, and the environment during transportation, storage, preservation, and use.

16. Technical specifications include technical criteria determining the value of use or affecting the safety, health of users, the environment, and processes specified in the standards or technical regulations of the product or goods.

3. If the outer packaging is transparent and allows the contents of the inner label to be seen, it is not mandatory to label the outer packaging.

1. Product labels must be displayed on the goods or their commercial packaging in a position where they can be easily observed and fully read without having to disassemble parts of the goods.

2. In cases where outer packaging cannot be opened, the outer packaging must have a label that fully displays the mandatory content.

Article 5. Size of product labels, size of characters and numbers on labels

Organizations and individuals responsible for labeling products shall determine the size of product labels and the size of characters and numbers displayed on such labels, but must ensure the following requirements:

1. The mandatory content must be fully recorded according to the provisions of Clause 1, Article 10 of this Decree;

2. The size of characters and numbers must be sufficient to be readable with the naked eye and meet the following requirements:

a. The size of characters and numbers displaying measurement units must comply with the legal regulations on measurement;

Article 6. Color of characters, symbols, and images on product labels

The color of characters, numerals, drawings, images, signs, and symbols recorded on product labels must be clear. For mandatory content as prescribed, characters and numerals must have a contrasting color with the background of the label.

Article 7. Language of product labels

2. Products produced and circulated domestically, in addition to complying with the provisions of Clause 1 of this Article, the content displayed on the label may also be recorded in another language. Content recorded in another language must correspond to the Vietnamese content. The size of characters recorded in another language must not exceed the size of characters of the content recorded in Vietnamese.

3. Imported products whose labels do not display or do not sufficiently display mandatory content in Vietnamese must have a supplementary label displaying mandatory content in Vietnamese while retaining the original label of the product. The content recorded in Vietnamese must correspond to the content recorded on the original label.

4. The following contents are permitted to be recorded in other languages with Latin alphabets:

a. The international name or scientific name of medicines for humans when there is no Vietnamese name;

b. The international name or scientific name accompanied by chemical formulas, structural formulas of chemicals, pharmaceutical ingredients, excipients;

c. The international name or scientific name of components, quantified components of products when they cannot be translated into Vietnamese or can be translated but do not make sense;

d. The name and address of foreign enterprises related to the production of products.

Article 8. Supplementary Labeling

1. Supplementary labels are used for imported products as stipulated in Clause 3, Article 7 of this Decree.

3. Supplementary labels must be affixed to products or their commercial packaging without obscuring the mandatory content of the original label.

For products that cannot be exported or returned and put back into circulation on the market, the supplementary label must include the bolded phrase "Produced in Vietnam."

5. The following products do not need to have supplementary labels:

a. Imported spare parts to replace faulty spare parts in the warranty service of organizations and individuals responsible for the product, which are not sold on the market;

b. Raw materials, food additives, food processing aids, imported spare parts for production purposes, which are not sold on the market.

Article 9. Liability for Product Labeling

1. Organizations and individuals responsible for product labeling, including supplementary labels, must ensure that the labeling is truthful, clear, accurate, and reflects the true nature of the product.

2. For products produced for domestic circulation, the organizations and individuals producing such products shall be responsible for implementing product labeling.

In cases where organizations and individuals responsible for product labeling request other organizations and individuals to perform the labeling, those organizations and individuals still bear responsibility for their own product labels.

3. In cases where exported products cannot be exported or are returned and put into circulation on the market, the organizations and individuals putting the products into circulation must label them according to the provisions of this Decree.

Chapter II

(Article 4 of Decree No. 43/2017/NĐ-CP)

1. Product labels must display the following mandatory contents:

a) Name of the goods;

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

c) Origin of the product;

d) Other contents based on the characteristics of each type of product as specified in Appendix I of this Decree and related regulatory legal documents.

2. In cases where the product has characteristics belonging to multiple groups in Appendix I or is not regulated in regulatory legal documents, based on the main function of the product, the organizations and individuals responsible for the product shall determine the group of the product to record the contents prescribed in Point d, Clause 1 of this Article.

3. In cases where the size of the product does not allow all mandatory contents to be displayed on the label, the contents prescribed in Points a, b, and c, Clause 1 of this Article must be recorded on the product label, and the contents prescribed in Point d, Clause 1 of this Article must be recorded in accompanying documents and the label must indicate the location of these contents.

For medical devices, the implementation of the contents prescribed in Point d, Clause 1 of this Article shall be carried out in accordance with the provisions in Appendix I of this Decree.

Article 11. Product Name

The product name must be placed in a position that is easy to see and read on the product label. The characters writing the product name must be the largest in size compared to other mandatory contents on the label.

The product name recorded on the label is set by the organization or individual producing the product. The product name must not mislead about the true nature, function, and composition of the product.

If the name of a component is used as part of the product name, then the quantity of that component must be recorded, except in cases provided for in Clause 4, Article 13 of this Decree.

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

1. The specific name of the organization or individual and place name recorded on the product label must not be abbreviated.

2. For products produced domestically, the name of the organization or individual and the address of the production facility must be recorded.

a) When the production facility of the product is a member of an organization such as a company, corporation, group, association, or other organizations, it has the right to record the name or name and address and other contents of that organization on the label if permitted by the organization.

b) For products bearing the same brand produced at different production facilities, the organization or individual responsible for the product may record the name and address of that organization or individual on the product label if the quality of the product meets the quality standards announced or registered for circulation by the organization or individual responsible for the product and must ensure traceability of the origin of the product.

For medical devices imported for circulation in Vietnam, the name and address of the organization or individual producing the product must be recorded along with the origin of the product, and the name and address of the owner of the registration number for circulating medical devices must also be recorded.

4. For products of organizations or individuals acting as agents selling directly to foreign traders importing goods into Vietnam, the name and address of the organization or individual producing the product and the name and address of the organization or individual acting as the agent selling the product must be recorded.

5. For products licensed for labeling by an organization or individual, in addition to complying with the provisions of Clauses 2, 3, and 4 of this Article, the name and address of the organization or individual granting the license must also be recorded.

6. In cases where organizations or individuals perform assembly, packaging, or bottling, the label must record the name and address of the organization or individual performing the assembly, packaging, or bottling, and must also record the name or name and address, and other contents of the organization or individual producing the product before assembly, packaging, or bottling, if permitted by those organizations or individuals.

Article 13. Quantification of Goods

1. Goods quantified by measurement units must be recorded according to the provisions of Vietnamese law on measurement.

2. Goods quantified by counting must be recorded according to natural counts.

3. In cases where there are multiple units of goods in one commercial package, the quantity of each unit of goods and the total quantity of all units of goods must be recorded.

4. In cases where additives used for coloring, flavoring, or scenting are recorded along with the name of the goods, the quantity does not need to be recorded.

5. In cases where the name of the extracted substance or essence from natural ingredients is recorded along with the name of the goods, the quantitative component of the extracted substance or essence or the equivalent weight of raw materials used to produce it must be recorded.

6. The method of recording the quantity of goods is specified in Appendix II of this Decree.

Article 14. Production Date and Expiry Date

1. The production date and expiry date of goods must be recorded in the order of day, month, year of the Gregorian calendar. If recorded in a different order, the Vietnamese language explanation of that order must be provided.

Each number indicating day, month, or year must be recorded using two digits, and the year may be recorded using four digits. The numbers indicating day, month, and year of a specific time point must be recorded on the same line.

In cases where the production month is required to be recorded, it must be recorded in the order of month, year of the Gregorian calendar.

In cases where the production year is required to be recorded, it must be recorded using four digits indicating the year of the Gregorian calendar.
"Production date," "expiry date," or "use-by date" recorded on the label must be fully or abbreviated as "NSX," "HSD," or "HD" in uppercase letters.

2. In cases where goods are required to record the production date and expiry date according to the provisions in Appendix I of this Decree, if the label has already recorded the production date according to Clause 1 of this Article, the expiry date can be recorded as a period starting from the production date, and vice versa, if the label has already recorded the expiry date, the production date can be recorded as a period before the expiry date.

3. For goods that have been divided, transferred, filled, or repackaged, the date of division, transfer, filling, or repackaging and the expiry date must be calculated from the production date indicated on the original label.

4. The method of recording the production date and expiry date is specifically defined in Section 1 of Appendix III of this Decree.

Goods with a time mark recorded differently from the provisions of Clause 1 of this Article are regulated in Section 2 of Appendix III of this Decree.

1. Organizations and individuals producing or importing goods must self-determine and record the origin of their goods, ensuring honesty, accuracy, and compliance with the laws on the origin of goods or agreements Vietnam has joined or signed.

2. The method of recording the origin of goods is as follows: Record the phrase "produced in," "manufactured in," "country of origin," "origin," or "produced by" followed by the name of the country or territory producing the goods.

The name of the country or territory producing the goods must not be abbreviated.

Article 16. Ingredients and Quantitative Ingredients

1. Recording ingredients means recording the names of raw materials including additives used in the production of goods and present in the finished product, even if the form of the raw material has changed.

In cases where the name of an ingredient is recorded on the label to attract attention to the goods, that ingredient must be recorded with its quantity, except in cases stipulated in Clause 4 of Article 13 of this Decree.

2. Recording quantitative ingredients means recording the ingredient along with the quantity of each ingredient. Depending on the nature and state of the goods, the quantitative ingredient can be recorded as the weight of that ingredient in one unit of the product or according to one of the following ratios: Weight to weight; weight to volume; volume to volume; percentage by weight; percentage by volume.

In cases where goods are quantified by measurement units, the quantity must be recorded according to the provisions of Vietnamese law on measurement.

3. For certain types of goods, the recording of ingredients and quantitative ingredients is regulated as follows:

If the ingredient is an additive, the name of the additive group, the name of the additive, or the international INS code (if available) must be recorded; if the additive is a flavoring agent, sweetener, or colorant, the name of the flavoring agent, sweetener, or colorant group, the name of the additive (if available), and whether it is "natural," "nature-identical," "synthetic," or "artificial" must also be recorded.

c) For cosmetics, all ingredients including additives must be recorded.

d) For metal household appliances and items made primarily from one type of raw material that determines their utility value, the name of the primary raw material must be recorded together with the name of the item, and there is no need to record ingredients and quantitative ingredients.

4. The recording of ingredients and quantitative ingredients of goods that differ from the provisions of Clause 3 of this Article is regulated in Appendix IV of this Decree.

Article 17. Technical specifications and warning information

1. Technical specifications and tolerances for these specifications (if applicable), and warning information must comply with relevant legal provisions. In cases where there are no specific regulations, organizations and individuals responsible for labeling products shall determine technical specifications, tolerances, and warning information on their own. Warning information on labels may be expressed in text, images, or symbols according to international conventions and relevant regulations.

The range of tolerance values displayed on the label must comply with relevant legal provisions and published standards. If a specific value is shown, it must not be recorded in a way that provides an advantage to the product itself.

2. Electrical, electronic, machinery, and equipment products must display basic technical specifications.

3. Medicines for human use, vaccines, medical biological products, and health care products must display:

a) Indications, usage methods, contraindications (if applicable);

b) Registration certificate number, import permit number, production batch number, dosage form, packaging specifications;

c) Warning signs for each type of medicine as prescribed by current regulations.

4. Veterinary medicines and plant protection products must display:

a) Indications, usage methods, contraindications (if applicable);

b) Registration number, production batch number, dosage form, packaging specifications;

c) Warning signs for each type of medicine as prescribed by current regulations.

5. For food products displaying nutritional values, organizations and individuals responsible for the product must ensure that the nutritional values displayed on the label comply with relevant legal provisions and published standards. If a specific value is shown, it must be the average of the nutritional value range.

6. Components or substances within complex components of special goods using preservatives, which have specified usage amounts and are listed as irritants, harmful to humans, animals, and the environment, must display the name of the preservative along with these components.

7. Goods or components of goods that have undergone irradiation or genetic modification technology must be labeled according to Vietnamese laws and international treaties to which Vietnam is a party.

8. Technical specifications and warning information for goods that are labeled differently from the provisions of this Article must be recorded according to the provisions of Appendix V of this Decree and related legal documents.

Article 18. Other contents displayed on product labels

1. Organizations and individuals responsible for the product must display product codes, barcodes, conformity marks, and other contents (if applicable). Additional contents must not violate the law and must ensure truthfulness, accuracy, reflecting the true nature of the product, without obscuring or distorting mandatory contents on the label.

2. Product labels must not display images or content related to sovereignty disputes and other sensitive content that may affect national security, politics, economy, society, diplomatic relations, and Vietnamese customs and traditions.

Article 19. Information that must be displayed for simple-packaged goods and unpackaged goods

Simple-packaged goods and unpackaged goods such as food additives, chemicals sold directly to consumers without commercial packaging must be publicly disclosed by organizations and individuals selling the goods so that consumers can identify the following information:

1. Product name;

2. Expiry date;

3. Safety warnings (if applicable);

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

5. Usage instructions.

Chapter III

IMPLEMENTATION

1. Organize the construction, management, operation, exploitation, maintenance, and upgrading of the National Science, Technology, and Innovation Information System in accordance with the provisions of the law.

1. Drafting and submitting to competent state agencies for promulgation or promulgating within their authority normative legal documents on product labels.

2. Leading and coordinating with ministries, sectors, localities to implement management, inspection, supervision, and handling of violations concerning product labels.

3. The Standardization, Metrology, and Quality Control General Department under the Ministry of Science and Technology is the agency assisting the Minister of Science and Technology in uniformly managing product labels.

Article 21. Ministries, ministerial-level agencies, and government agencies

1. Within their functions, tasks, and authorities, ministries, ministerial-level agencies, and government agencies shall be responsible for coordinating with the Ministry of Science and Technology to implement management of product labels.

2. Based on practical management requirements for goods within their assigned fields, ministries and ministerial-level agencies shall guide the labeling of goods after reaching consensus with the Ministry of Science and Technology.

Article 22. People's Committees of provinces and centrally governed cities

Within their tasks and authorities, People's Committees of provinces and centrally governed cities shall implement management, inspection, and supervision of product labels at the local level.

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

1. This Decree takes effect from June 1, 2017.

2. The Government's Decree No. 89/2006/NĐ-CP dated August 30, 2006, on product labels ceases to be effective from the date this Decree takes effect.

1. Goods bearing labels that comply with the provisions of the Government's Decree No. 89/2006/NĐ-CP dated August 30, 2006, on product labels, which were produced, imported, circulated, and used before the effective date of this Decree, may continue to be circulated and used until the expiration date indicated on the product label.

2. Product labels and commercial packaging bearing labels that comply with the provisions of the Government's Decree No. 89/2006/NĐ-CP, which were produced and printed before the effective date of this Decree, may continue to be used but not exceeding two years from the date this Decree takes effect.

Article 25. 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./.