Decree No. 89/2006/ND-CP on Product Labels

DECREE

On product labels

_________

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

WHEREAS, the Consumer Protection Ordinance dated April 27, 1999;

WHEREAS, the Product Quality Ordinance dated December 24, 1999;

AT THE PROPOSAL OF THE MINISTER OF SCIENCE AND TECHNOLOGY.

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

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

a) Real estate;

b) Goods temporarily imported for re-export; goods temporarily imported to participate in exhibitions and then re-exported; goods in transit; goods transshipped;

c) Gifts; luggage of persons exiting or entering the country; movable property.

In addition to the objects specified in points a, b, and c of this clause, depending on market development, the competent authority for product labeling will propose supplements accordingly.

Article 2. Applicability

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

Article 3. Explanation of Terms

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

1. "Product label"is a written, printed, drawn, or photographed representation of letters, drawings, images affixed, printed, attached, cast, engraved, or carved directly onto products, commercial packaging of products, or other materials attached to products, commercial packaging of products.

2. "Recording product labels"is the expression of essential information about the product on the product label for consumers to recognize, choose, consume, and use; for producers and traders to promote their products; and for competent authorities to conduct inspections and supervision.

3. "Original product label"is the label first affixed to the product.

4. "Secondary label"is the label translating the mandatory contents from the original product label into Vietnamese and supplementing mandatory contents in Vietnamese according to the law that the original product label lacks.

5. "Commercial packaging of goods của hàng hóa"is the packaging containing goods and circulating with the goods.

Commercial packaging of goods includes two types: direct packaging and outer packaging.

a) Direct packaging is packaging containing goods, directly contacting with goods, forming shapes or wrapping tightly around the shape of goods;

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

6. "Circulation of goods"is the activity of displaying, transporting, storing goods during the process of buying and selling goods, except for the transportation of goods by organizations and individuals importing goods from the customs checkpoint to storage warehouses.

7. "Name and address of the organization or individual responsible for the goods"is the name and address of the organization or individual producing, importing, or acting as an agent according to business registration of the subjects specified in Article 14 of this Decree.

8. "Quantity of goods"is the amount of goods expressed by net weight, actual volume, actual size, or counted quantity of goods.

9. "Date of production"is the time mark indicating the completion of production, processing, assembly, bottling, packaging, or other final processes of the goods.

10. "Expiry date"is the time mark beyond which the goods are not allowed to circulate.

11. "Storage period"is the time mark beyond which the goods no longer maintain their initial quality and usability value.

12. "Country of origin of goods"is the country or territory where all goods are produced or where the final basic manufacturing process is carried out for goods when multiple countries or territories are involved in the production process.

13. "Composition"of goods consists of raw materials including additives used to produce the product and present in the finished product, even if the form of raw materials has changed.

14. "Quantitative composition"is the quantity of each type of raw material including additives used to produce the goods.

15. "Guidelines for Use, instructions for preserving goods" is information related to usage, necessary conditions for using and preserving goods; warnings of hazards; procedures for handling hazardous incidents.

Article 4. Application of International Treaties

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions than those of this Decree, the provisions of such international treaties shall apply.

Article 5. Goods must be labeled

1. Domestic circulating goods, exported and imported goods must be labeled in accordance with the provisions of this Decree, except for cases specified in Clauses 2, 3, and 4 of this Article.

2. Goods that are not required to be labeled:

a) Fresh and live food products, processed foods without packaging sold directly to consumers;

b) Fuels, raw materials (agricultural products, aquatic products, minerals), construction materials (bricks, tiles, lime, sand, stone, gravel, cement, colored soil, mortar, commercial concrete mixtures), production and business waste materials without packaging sold directly according to agreements with consumers.

3. In cases where foreign organizations and individuals importing Vietnamese goods require labeling of the goods according to the sales contract and bear responsibility for their requirements, the exporting organizations and individuals may implement according to the contract provided that these requirements do not misrepresent the nature of the goods, do not violate Vietnamese laws and the laws of the importing country.

4. Goods in the fields of security and defense; radioactive goods; goods used in emergency situations to mitigate natural disasters and epidemics; railway, waterway, and air transportation vehicles; goods confiscated by state agencies for auction and liquidation shall have specific regulations on labeling.

The specialized management agency shall take the lead and coordinate with the Ministry of Science and Technology to specify the labeling of goods in the cases stipulated in this Clause.

Article 6. Position of the product label

1. The product label must be affixed on the goods or the commercial packaging of the goods at a position that can be easily observed and clearly read all the contents required by the label 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.

3. In cases where it is not possible to display all mandatory contents on the label:

a) Contents such as the name of the goods; the name of the organization or individual responsible for the goods; quantity; date of manufacture; expiration date; origin of the goods must be recorded on the product label;

b) Other mandatory contents must be recorded in accompanying documents, and the label must indicate where these contents are recorded.

Article 7. Size of the product label

Organizations and individuals responsible for labeling the goods shall determine the size of the product label but must ensure that all mandatory contents as prescribed in Articles 11 and 12 of this Decree are fully recorded and easily readable by the naked eye.

Article 8. Color of characters, symbols, and images on the product label

The color of letters, numbers, drawings, images, signs, and symbols recorded on the product label must be clear. For mandatory contents as prescribed, letters and numbers must contrast with the background color of the label.

Article 9. Language of the product label presentation

1. Mandatory contents displayed on the product label must be recorded in Vietnamese, except for cases specified in Clause 4 of this Article.

2. Goods produced and circulated domestically, in addition to complying with the provisions of Clause 1 of this Article, contents displayed on the label may also be recorded in other languages. Contents recorded in other languages must correspond to the Vietnamese contents. The size of the characters recorded in other languages must not exceed the size of the characters of the Vietnamese contents.

3. Imported goods into Vietnam whose labels do not show or inadequately show mandatory contents in Vietnamese must have a supplementary label displaying mandatory contents in Vietnamese while retaining the original label of the goods. The Vietnamese contents must correspond to the contents 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) International or scientific names accompanied by chemical formulas, structural formulas of chemicals;

c) International or scientific names of components, quantified components of goods in cases where they cannot be translated into Vietnamese or can be translated but do not make sense in Vietnamese;

d) Name and address of foreign enterprises producing or holding the right to produce the goods.

Article 10. Liability for Product Labeling

The content of product labels, including supplementary labels, must ensure truthfulness, clarity, accuracy, and reflect the true nature of the products.

1. Products produced, assembled, processed, or packaged in Vietnam for domestic circulation shall be the responsibility of the organizations or individuals producing the products for labeling.

2. Products produced or processed in Vietnam for export shall be the responsibility of the organizations or individuals exporting the products for labeling.

In cases where exported products cannot be sold abroad and are returned to domestic circulation, the organizations or individuals bringing the products into circulation must label them according to the provisions of this Decree.

3. Imported products whose original labels do not comply with the provisions of this Decree shall have supplementary labels affixed according to Clause 3, Article 9 of this Decree before being brought into circulation, and the original labels must remain intact.

Chapter II

CONTENT AND METHODS OF PRODUCT LABELING

Article 11. Mandatory Content on Product Labels

1. Product labels must include the following mandatory contents:

a) Name of the product;

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

c) Origin of the product.

2. In addition to the contents specified in Clause 1 of this Article, depending on the nature of each type of product, the mandatory contents prescribed in Article 12 of this Decree and the provisions in relevant specialized laws and ordinances must also be included on the product labels.

Article 12. Mandatory Contents on Product Labels According to the Nature of the Product

1. Foodstuffs:

a) Quantity;

b) Date of production;

c) Expiry date.

2. Foods:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Ingredients or quantitative ingredients;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

3. Beverages (excluding alcohol):

a) Quantity;

b) Date of production;

c) Expiry date;

d) Ingredients or quantitative ingredients;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

4. Alcohol:

a) Quantity;

b) Ethanol content;

c) Storage instructions (for wine).

5. Tobacco products:

a) Quantity;

b) Date of production;

c) Information and health warnings;

6. Food additives:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Quantitative ingredients;

đ) Usage instructions, storage conditions.

7. Human medicines:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Quantitative ingredients;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

8. Vaccines and biological preparations for humans:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Quantitative ingredients;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

9. Herbal medicines:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Quantitative ingredients;

đ) Storage conditions.

10. Medical supplies and equipment:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Components or technical specifications;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

11. Cosmetics:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Ingredients;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

12. Household chemicals:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Ingredients or quantitative ingredients;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

13. Animal feed:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Quantitative ingredients;

đ) Usage instructions, storage conditions.

14. Veterinary drugs, vaccines, and biological preparations for animals:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Quantitative ingredients;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

15. Aquatic veterinary drugs, vaccines, and biological preparations:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Quantitative ingredients;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

16. Plant protection products:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Quantitative ingredients;

đ) Information and health warnings;

e) Usage instructions, storage conditions.

17. Crop seeds:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Usage instructions, storage conditions.

18. Livestock seeds:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Usage instructions, storage conditions.

19. Aquatic seeds:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Usage instructions, storage conditions.

20. Children's toys:

a) Ingredients;

b) Technical specifications;

c) Information and safety warnings;

d) Usage instructions.

21. Textiles, garments, leather goods, shoes:

a) Components or quantitative components;

b) Technical specifications;

c) Information and safety warnings;

d) Usage instructions, storage conditions.

22. Plastic and rubber products:

a) Quantity;

b) Month of production;

c) Ingredients;

d) Technical specifications;

đ) Information and safety warnings.

23. Paper, cardboard, corrugated board:

a) Quantity;

b) Month of production;

c) Technical specifications.

24. Educational and learning tools:

a) Quantity;

b) Technical specifications.

25. Political, economic, cultural, scientific, educational, and artistic publications:

a) Publisher (Manufacturer), printer;

b) Author's name, translator's name;

c) Publication permit;

d) Technical specifications (dimensions, number of pages).

26. Musical instruments:

Technical specifications.

27. Sports and exercise equipment:

a) Quantity;

b) Month of production;

c) Ingredients;

d) Technical specifications;

đ) Usage instructions.

28. Wooden products:

a) Ingredients;

b) Technical specifications;

c) Usage instructions, storage conditions.

29. Porcelain, ceramic, glass products:

a) Ingredients;

b) Technical specifications;

c) Usage instructions, storage conditions.

30. Handicrafts:

a) Ingredients;

b) Technical specifications;

c) Usage instructions, storage conditions.

31. Metal household appliances:

a) Ingredients;

b) Technical specifications;

c) Usage instructions, storage conditions.

32. Gold, silver, precious stones:

a) Quantity;

b) Quantitative components or technical specifications.

33. Safety and fire protection equipment:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Ingredients;

đ) Technical specifications;

e) Information and safety warnings;

g) Usage instructions, storage conditions.

34. Electrical and electronic products:

a) Quantity;

b) Month of production;

c) Technical specifications;

d) Safety information and warnings;

đ) Usage instructions, storage conditions.

35. Computer, communication, postal, and telecommunications equipment:

a) Year of production;

b) Technical specifications;

c) Usage instructions, storage conditions.

36. Machinery and mechanical equipment:

a) Quantity;

b) Month of production;

c) Technical specifications;

d) Safety information and warnings;

đ) Usage instructions, storage conditions.

37. Measuring and testing equipment:

a) Quantity;

b) Month of production;

c) Technical specifications;

d) Safety information and warnings;

đ) Usage instructions, storage conditions.

38. Metal products:

a) Quantity;

b) Quantitative components;

c) Technical specifications.

39. Fishing gear:

a) Ingredients;

b) Technical specifications.

40. Motor vehicles:

a) Brand and model number;

b) Gross weight;

c) Load capacity;

d) Vehicle Identification Number (VIN);

đ) Type approval certificate number;

e) Year of production.

41. Motorcycles, scooters:

a) Brand and model number;

b) Gross weight;

c) Cylinder capacity;

d) Type approval certificate number;

đ) Year of production.

42. Special purpose motorcycles:

a) Brand and model number;

b) Technical specifications;

c) Year of production.

43. Bicycles:

a) Year of production;

b) Technical specifications.

44. Automotive parts:

a) Year of production;

b) Technical specifications.

45. Construction materials and interior decoration materials:

a) Quantity;

b) Technical specifications;

c) Month of production;

d) Usage instructions, storage conditions.

46. Petroleum products:

a) Quantity;

b) Ingredients;

c) Safety information and warnings;

d) Usage instructions, storage conditions.

47. Cleaning agents:

a) Quantity;

b) Month of production;

c) Ingredients or quantitative ingredients;

d) Information and safety warnings.

đ) Usage instructions.

48. Chemicals:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Ingredients or quantitative ingredients;

đ) Safety information and warnings;

e) Usage instructions, storage conditions.

49. Fertilizers:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Ingredients or quantitative ingredients;

đ) Safety information and warnings;

e) Usage instructions, storage conditions.

50. Industrial explosives:

a) Quantity;

b) Date of production;

c) Expiry date;

d) Ingredients or quantitative ingredients;

đ) Safety information and warnings;

e) Usage instructions, storage conditions.

The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries to specify the types of products under the above categories and submit to the Government proposals for amending and supplementing the mandatory contents to be displayed on product labels.

Article 13. Name of Goods

The name of goods recorded on the label shall be self-determined by organizations or individuals producing or trading in goods. The name of goods must not mislead about the nature and utility of the goods.

In cases where a component is used as part of the name of the goods, such component must be recorded with its quantity, except for the cases specified in Clause 4, Article 18 of this Decree.

Article 14. Name and Address of Organizations and Individuals Responsible for Goods

The name and address of organizations and individuals responsible for goods shall be recorded as follows for each specific case:

1. For goods produced domestically, the name and address of the organization or individual and the production facility's address shall be recorded.

2. For imported goods circulating in Vietnam, the name and address of the organization or individual producing the goods and the name and address of the organization or individual importing the goods shall be recorded.

3. For goods sold directly by agents to foreign traders importing goods into Vietnam, the name and address of the organization or individual producing the goods and the name and address of the organization or individual acting as the agent selling the goods shall be recorded.

4. For goods licensed or authorized by another organization or individual, in addition to the requirements set out in Clauses 1, 2, and 3 of this Article, the name and address of the organization or individual granting the license or authorization shall also be recorded.

Article 15. Quantity of Goods

1. For goods measured by units of measurement, the quantity shall be recorded according to the provisions of Vietnamese law on measurement.

2. For goods counted by number, the quantity shall be recorded according to natural counting.

3. Where there are multiple units of goods in a single commercial package, the quantity of each unit of goods and the total quantity of all units of goods or the quantity of each unit of goods and the number of units of goods shall be recorded.

4. The method of recording the quantity of goods is specified in Appendix I of this Decree.

Article 16. Production Date, Expiry Date, Storage Period

1. The production date, expiry date, and storage period of goods shall be recorded in the order of day, month, year of the Gregorian calendar.

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.

2. Where goods are required to record the production date and expiry date or the production date and storage period as stipulated in Article 12 of this Decree, and the production date has been recorded according to Clause 1 of this Article, the expiry date or storage period may be recorded as a period from the production date.

3. For goods that record time marks differently from those specified in Clause 1 of this Article, the method is specified in Appendix II of this Decree.

Article 17. Origin of Goods

The method of recording the origin of goods is as follows: "produced in," "manufactured in," or "origin" followed by the name of the country or territory where the goods were produced.

For goods produced in Vietnam for circulation within the country, if the address of the production location is already recorded, it is not mandatory to record the origin of the goods.

Article 18. Components, Quantified Components

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

If a component's name on the label is intended to attract attention to the goods, such component must be recorded with its quantity.

2. Recording quantified components means recording each component along with its quantity. Depending on the nature and state of the goods, quantified components can be recorded as the weight of the component 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.

3. For certain types of goods, the recording of components and quantified components is as follows:

a) For food products, ingredients must be recorded in descending order by weight.

If the component is an additive, the group name of the additive, the name of the additive, and the international code (if available) must be recorded; for flavorings, sweeteners, and colorants, in addition to the above, whether the substance is "natural" or "synthetic" must also be recorded.

b) For human medicines, vaccines, medical products, biological preparations, veterinary drugs, and plant protection products, the active ingredients and their concentrations must be recorded.

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

d) For metal household appliances and items made primarily from a single raw material that determines their utility value, the name of the main raw material must be recorded together with the name of the goods, without the need to record components and quantified components.

4. The recording of components and quantified components of goods that differ from the methods specified in Clause 3 of this Article is specified in Appendix III of this Decree.

Article 19. Technical specifications, information, hygiene and safety warnings

1. For electrical, electronic, machinery, and equipment products, basic technical specifications must be recorded.

2. Medicines for humans, vaccines, medical biological products, veterinary pharmaceutical preparations, and plant protection products must record:

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.

3. The name of preservatives along with their respective components when goods contain special ingredients that use preservatives with specified usage quantities and are listed as irritants, harmful to people, animals, and the environment.

4. Goods or components thereof that have undergone irradiation or genetic modification technology shall be recorded according to international treaties to which Vietnam is a member.

5. Technical specifications; hygiene and safety information of goods recorded differently from the provisions of Clauses 2 and 3 of this Article shall be regulated in Appendix IV of this Decree.

Article 20. Other contents displayed on product labels

Organizations and individuals responsible for goods are permitted to record additional contents on labels. These additional contents must not contravene the law, must ensure truthfulness and accuracy, reflect the true nature of the goods, and must not obscure or distort mandatory label contents.

Chapter III

STATE MANAGEMENT RESPONSIBILITIES FOR PRODUCT LABELS

Article 21. Responsibilities of the Ministry of Science and Technology

The Ministry of Science and Technology is responsible before the Government for uniformly managing state affairs regarding product labels nationwide with specific tasks as follows:

1. Drafting and submitting to competent state agencies for promulgation or promulgating within its authority legal regulatory documents concerning product labels.

2. Popularizing, promoting policies and laws, organizing guidance and professional training on product labels.

3. Inspecting and auditing compliance with legal regulatory documents concerning product labels. Taking the lead in resolving and handling violations related to product labels.

4. Specifying the publication of product labels.

5. Organizing the construction and management of a database on product labels.

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 managing state affairs regarding product labels.

Article 22. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

Ministries, agencies equivalent to ministries, and government agencies within their authority are responsible for coordinating with the Ministry of Science and Technology to manage state affairs regarding product labels.

Based on specific requirements for goods under their management, ministries and agencies equivalent to ministries shall provide detailed guidance on label content and recording methods after reaching consensus with the Ministry of Science and Technology.

Article 23. Responsibilities of People's Committees of Provinces and Central Cities

People's Committees of provinces and central cities within their assigned tasks and powers shall manage state affairs regarding product labels at the local level.

Chapter IV

HANDLING VIOLATIONS OF PRODUCT LABELS

Article 24. Authority to handle violations of product labels

Public security organs, customs, market management, quality control, specialized inspection agencies, and other agencies within their functions, tasks, and granted powers, upon discovering violations of laws concerning product labels, have the right to handle them according to current laws.

Article 25. Handling violations by organizations and individuals engaged in production, business, agency, export, and import activities.

Organizations and individuals who violate the provisions of the law on product labels shall be subject to administrative penalties or criminal liability, depending on the nature and severity of the violation, and must compensate for any damage caused in accordance with the law.

Article 26. Handling violations by organizations and individuals within state management agencies.

Any person who abuses their position or authority to obstruct lawful activities or violates the law on product labels shall be subject to administrative penalties or criminal liability, depending on the nature and severity of the violation, and must compensate for any damage caused in accordance with the law.

Article 27. Resolving complaints and denunciations.

Organizations and individuals with the authority are responsible for resolving complaints and denunciations regarding product labels in accordance with the law on complaints and denunciations, the law on product labels, and other relevant laws.

Chapter V

IMPLEMENTING PROVISIONS

Article 28. Effective Date

1. This Decree shall take effect six months from the date of publication in the Official Gazette.

2. Decision No. 178/1999/QĐ-TTg dated August 30, 1999, issued by the Prime Minister on the Labeling Regulations for domestic circulation and exported/imported goods, and Decision No. 95/2000/QĐ-TTg dated August 15, 2000, issued by the Prime Minister on amending and supplementing certain contents of the Labeling Regulations for domestic circulation and exported/imported goods issued together with Decision No. 178/1999/QĐ-TTg dated August 30, 1999, of the Prime Minister shall cease to be effective from the date this Decree takes effect.

3. Goods labeled according to Decision No. 178/1999/QĐ-TTg dated August 30, 1999, and Decision No. 95/2000/QĐ-TTg dated August 15, 2000, of the Prime Minister that were put into circulation on the market before the date this Decree takes effect may continue to circulate.

Article 29. Responsibility 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-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.