GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
Number: 111/2021/ND-CP |
Hanoi, December 9, 2021 |
AMENDING AND ADDING SOME ARTICLES TO DECREE NO 43/2017/ND-CP APRIL 14, 2017 GOVERNMENT ON GOODS LABELS
Base Law on Government Organization June 19, 2015, Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization November 22, 2019;
Base Law on Product and Goods Quality November 21, 2007;
Base Commercial law June 14, 2005;
Base Act to protect the interests of consumers November 17, 2010;
At the request of the Minister of Science and Technology;
The Government issued a Decree amending and supplementing a number of articles of Decree No 43/2017/ND-CP April 14, 2017 of the Government on product labels.
Article 1. Amending and supplementing a number of articles of Decree No 43/2017/ND-CP April 14, 2017 of the Government on product labels as follows:
1. Amendments and supplements Article 1
"Article 1. Scope
1. This Decree regulates the content, recording method and state management of labels for goods circulating in Vietnam, exported and imported goods.
2. The following types of goods are not regulated by this Decree:
a) Real estate;
b) Temporarily imported goods for re-export; goods in transit, goods transferred from border to border; transshipment goods; imported goods sent to bonded warehouses for export to third countries;
c) Luggage of people leaving or entering the country; moveable assets;
d) Confiscated goods sold at auction;
d) Goods are fresh, raw food, processed food without packaging and sold directly to consumers;
e) Goods are fuel, raw materials (agricultural products, aquatic products, minerals), scrap (in production and business), construction materials without packaging and sold directly to consumers;
g) Goods are liquid petroleum, gas (LPG, CNG, LNG) without commercial packaging in containers or tankers;
h) Used goods;
i) Goods in the field of security and defense; Goods that are radioactive substances, goods used in emergencies to overcome natural disasters and epidemics; means of transport by rail, waterway, and air.
3. In case an international treaty to which the Socialist Republic of Vietnam is a member has provisions different from the provisions of this Decree, the provisions of that international treaty shall apply.”;
2. Amendments and supplements Article 2
“Article 2. Subjects of application
This Decree applies to organizations and individuals producing and trading goods in Vietnam; Organizations and individuals exporting and importing goods; state agencies; relevant organizations and individuals.”;
3. Amendments and supplements Clause 1 Article 7
“Article 7. Language for presenting goods labels
1. Content required to be displayed on labels of goods circulating in the Vietnamese market must be written in Vietnamese, except for exported goods not consumed domestically and except for the cases specified in Clause 4 of this Article.” ;
4. Amendments and supplements Clause 4 Article 9
“Article 9. Responsibility for labeling goods
4. Organizations and individuals importing goods into Vietnam must label according to regulations on mandatory content shown on labels of imported goods in this Decree.";
5. Amendments and supplements Article 10
“Article 10. Compulsory content shown on goods labels
1. Product labels of goods circulating in Vietnam are required to display the following contents in Vietnamese:
a) Name of goods;
b) Name and address of the organization or individual responsible for the goods;
c) Origin of goods.
In case the origin cannot be determined, write the place where the final step was performed to complete the goods according to the provisions in Clause 3, Article 15 of this Decree;
d) Other mandatory contents must be shown on the label according to the nature of each type of goods specified in Appendix I issued with this Decree and relevant legal regulations.
In cases where goods belong to many groups specified in Appendix I issued with this Decree and have not been specified in other relevant legal documents, organizations and individuals are responsible for the basic goods. Based on the main use of the goods, determine the group of goods to record the contents as prescribed in this Point.
In cases where the size of the goods is not enough to display all the required contents on the label, the contents specified in Points a, b and c, Clause 1 of this Article must be written on the goods label. The provisions of Point d, Clause 1 of this Article are recorded in documents accompanying the goods and the label must indicate the place where those contents are written.
2. Original labels of goods imported into Vietnam are required to display the following contents in a foreign language or Vietnamese when carrying out customs clearance procedures:
a) Name of goods;
b) Origin of goods.
In case the origin cannot be determined, write the place where the final step was performed to complete the goods according to the provisions in Clause 3, Article 15 of this Decree;
c) Name or abbreviation of the producing organization or individual or the organization or individual responsible for the goods abroad.
c1) In case the original label of the goods does not show the full name and address of the manufacturing organization or individual or the organization or individual responsible for the goods abroad, these contents must be fully shown. sufficient in the documents accompanying the goods;
c2) For goods imported into Vietnam with original foreign language labels as prescribed in Points a, b, c, Clause 2 of this Article, after carrying out customs clearance procedures and transferring to the storage warehouse, organize , importing individuals must add goods labels written in Vietnamese according to the provisions of Clause 1 of this Article before putting the goods into circulation in the Vietnamese market.
3. Labels of exported goods shall be labeled according to the laws of the importing country.
a) In case the origin of goods is shown on the label of exported goods, the content of the origin of the goods must comply with the provisions of Clause 1, Article 15 of this Decree.
b) The content of export goods labels complies with the provisions in Clause 2, Article 18 of this Decree.
4. The Minister of Science and Technology shall detail a number of mandatory contents to be displayed on product labels specified in Point d, Clause 1 of this Article electronically.”;
6. Amendments and supplements Clause 3 Article 12
“Article 12. Name and address of the organization or individual responsible for the goods
3. For goods imported for circulation in Vietnam, the name and address of the producing organization or individual and the name and address of the importing organization and individual must be recorded on the goods label.
Goods are If medical equipment is produced domestically or imported for circulation in Vietnam, the name and address of the owner must be recorded. medical equipment and name and address of the circulation number owner. Case If medical equipment does not have a circulation number, write the name and address of the owner medical equipment and names and addresses of organizations and individuals on the import license.";
7. Amendments and supplements Article 15
“Article 15. Origin of goods
1. Organizations and individuals producing, exporting, and importing determine and record the origin of their goods to ensure honesty, accuracy, and compliance with legal regulations on origin of exported and imported goods. exports, goods produced in Vietnam or international commitments that Vietnam participates in.
2. Origin of goods stated on the label is shown by one of the following phrases: "made in"; “manufactured in”; “manufacturing country”; "origin"; "made by"; “product of” with the name of the country or territory producing the goods or written according to the law on origin of goods.
3. In case the origin of the goods cannot be determined according to the provisions of Clause 1 of this Article, write down the place where the final step was performed to complete the goods. Expressed by one of the phrases or a combination of phrases expressing the stage of completing the goods as follows: “assembled at”; “bottled at”; “mix at”; “complete at”; “packed at”; “labeled at” with the name of the country or territory where the final step to complete the goods is performed.
4. The name of the country or territory where the goods are produced or where the final step to complete the goods is performed must not be abbreviated.";
8. Amendments and supplements Points a and b, Clause 3, Article 16
“Article 16. Ingredients and quantitative ingredients
3. For some types of goods, the recording of ingredients and quantity of ingredients is as follows:
a) For foods, write ingredients in order from highest to lowest in volume
a1) If the ingredient is an additive, write the additive group name, additive name or INS international code (if any);
a2) In case the additive is a sweetener or coloring agent, write the name of the group of sweeteners or coloring substances, write the name of the substance or the international INS code (if any) and add that the substance is a "natural" substance. , “natural”, “synthetic” or “artificial”.
a3) In case the additive is a flavoring, write "fragrance" with one or more of the following phrases to clarify the meaning: "natural", "naturally identical", "synthetic"; "artificial".
a4) In case the national additive code coincides with the international code (INS), the national code can be written instead of the international code (INS);
b) For drugs for human use, veterinary drugs, plant protection drugs, insecticidal and antibacterial preparations used in the household and medical fields, write the ingredients and content of active ingredients.";
9. Amendments and supplements Article 24
“Article 24. Transitional provisions
1. Goods are labeled properly as prescribed in Decree No 43/2017/ND-CP produced, imported, and circulated before the effective date of this Decree, may continue to be circulated and used until the expiry date stated on the goods label.
4. Goods are labeled properly as prescribed in Decree No 43/2017/ND-CP that have been produced, imported, and circulated in Vietnam before the effective date of this Decree but are not required to write expiry dates on the labels of goods that may continue to be circulated and used.
5. Label goods and commercial packaging to label goods in accordance with the provisions of Decree No 43/2017/ND-CP produced and printed before the effective date of this Decree may continue to be used to produce goods, but not more than 02 years from the effective date of this Decree.
Article 2. Abolish and replace a number of regulations in Decree No. 43/2017/ND-CP
1. Repeal Clause 2, Article 8; Point b Clause 2 Article 5 Decree No. 43/2017/ND-CP.
2. Abolish the regulatory content: For goods that cannot be exported or are returned or put into circulation on the market, the secondary label must have bold text. “Made in Vietnam” stipulated in Clause 4, Article 8, Decree No. 43/2017/ND-CP.
3. Abolish Annex I; Appendix IV; Appendix V in Decree No 43/2017/ND-CP and replace it with Appendix I; Appendix IV; Appendix V to this Decree.
Article 3. Implementation effect
This Decree takes effect from February 15, 2022.
Article 4. Responsibility for implementation
1. The Minister of Science and Technology is responsible for guiding the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally run cities are responsible for implementing this Decree.
Recipients: – Party Central Committee Secretariat; – Prime Minister, Deputy Prime Ministers; – Ministries, ministerial-level agencies, and agencies under the Government; – People's Councils and People's Committees of provinces and centrally run cities; – Central Office and Party Committees; – Office of the General Secretary; - Office of the President; – Nationalities Council and Committees of the National Assembly; - Congress office; - Supreme People's Court; - People's Procuratorate of the Supreme; – National Financial Supervisory Commission; – State audit; – Social Policy Bank; - Vietnam Development Bank; – Central Committee of Vietnam Fatherland Front; – Central agency of unions; – Office of Government: BTCN, PCNs, Assistant to the President, General Director of the Electronic Information Portal, Departments, Bureaus, affiliated units, Official Gazette; – Saved: VT, KGVX (2b). |
TM. GOVERNMENT Vu Duc Dam |
OTHER REQUIRED CONTENTS THAT MUST BE SHOWN ON THE LABEL ACCORDING TO THE NATURE OF EACH TYPE OF GOODS
(Attached to Decree No. 111/2021/ND-CP dated December 9, 2021 of the Government)
HOW TO RECORD INGREDIENTS AND QUANTITATIVE INGREDIENTS OF GOODS
(Attached to Decree No. 111/2021/ND-CP dated December 9, 2021 of the Government)
1. The method of recording ingredients and ingredient quantities shall comply with the provisions of Article 16 of this Decree.
STT |
CASE |
HOW TO RECORD |
1 |
The amount of water added as raw material for production, processing and exists in products and goods. | Record is a component of that good. |
2 |
In case the name of an ingredient is written on the product label to attract attention to the product, the quantity of that ingredient must be recorded. | For example: On a label with the phrase "High Calcium content", the Calcium content must be written. |
3 |
Metal household appliances and utensils made from a main material that determines the value of use must have the name of the main material component along with the name of the goods and the ingredients and quantity of ingredients are not required. | For example: Goods whose names are listed on the label as plastic pots, leather shoes, bamboo mats, iron chairs, paper towels, rubber cushions, and porcelain vases do not have to have their ingredients and quantitative ingredients listed. |
2. Different ways of recording ingredients and quantitative ingredients of goods
COMMODITIES |
ITEMS |
HOW TO RECORD |
Seafood | Mixed food | Quantitative ingredients include: Moisture; Crude protein; Crude fat; Crude fiber; Total phosphorus; Total lysine; Preservatives if any: Ethoxyquin, Dibutylhydroxytoluene, BHT (Butylated hydroxyl toluene), BHA (Butylated hydroxyl Anisole). |
Mixed food for pets | Minimum quantitative ingredients include: Moisture; Crude protein; Crude fat; Raw fiber. | |
Supplemental food | Quantitative ingredients, specific for each type:
– Mixture of minerals, vitamins, amino acids: Vitamins, single minerals, amino acids. – Microbial products: Microorganism species. – Products extracted from plants, animals, microorganisms, fungi: Main active ingredients from (with the name of the organism used for production). |
|
Fresh food | Quantitative ingredients: Name of species used as food. | |
Food Additives | Food additives. If a food additive has two or more additives in the same package. | Full list in order of their weight ratio in the package. |
Animal feed | – If non-nutritive supplements are used to prevent disease.
– If it is synthetic food. – If it is a supplementary food. |
Main quantitative ingredients.
– Add non-nutritive ingredients. – Add protein, lipid, ash, fiber, moisture, and solubility content. – Add the content of additional substances. |
Medicine | Medicine. | Volume of medicinal materials. |
Veterinary drugs, vaccines, biological products used in veterinary medicine | Veterinary Medicine. | Ingredients, active ingredient quantities. |
Biological products, microorganisms, chemicals, environmental treatment agents in aquaculture | Products for treating aquaculture environments | Quantitative ingredients, specific for each type:
– Chemicals: Chemical formula, structural formula or List of chemical names allowed to be used. – Mixture of minerals, vitamins, amino acids: Vitamins, single minerals, amino acids. – Microbial products: Microorganism species. – Products extracted from plants, animals, microorganisms, fungi: Main active ingredients from (with the name of the organism used for production). |
Aquatic veterinary medicine | Aquatic veterinary medicine | Structural formula or composition. |
Plant protection products | Plant protection products. | Quantitative ingredients of active ingredients and solvent content (if it changes the toxicity of the drug). |
Textile, garment, and footwear products | Garments.
– If there are many layers. |
Main quantitative composition of the material.
– Record the main quantitative ingredients of each class. |
Wooden | – Wood sawn from the same tree species.
– Wood sawn from many tree species. |
– Scientific name of the wood species.
– Wood group. |
Civil wood products. | Wood name. | |
Metallurgical products | – Steel.
- Metal. – Ore. |
– Steel grade.
– Type, purity (% metal). – Ore content (% volume). |
Petroleum products | Associated gases and other hydrocarbon gases. | Gas composition (% volume). |
Chemistry | Chemistry. | Chemical formula, structural formula, quantitative ingredients. |
Chemicals stored in pressure vessels. | Record additional charging capacity. | |
Fertilizer | Fertilizer. | Quantitative ingredients. |
OTHER WAYS TO RECORD TECHNICAL SPECIFICATIONS, INFORMATION, HYGIENE AND SAFETY WARNINGS OF GOODS
(Attached to Decree No. 111/2021/ND-CP dated December 9, 2021 of the Government)
COMMODITIES |
ITEMS |
HOW TO RECORD |
Seafood; biological products, microorganisms, chemicals, environmental treatment agents in aquaculture | Food supplements; aquaculture environmental treatment products. | – Write the phrase “For use in aquaculture only”;
– Time to stop using before harvest: specify the number of days to stop using before harvest to ensure food safety regulations for farmed seafood. |
Veterinary drugs, vaccines, biological products used in veterinary medicine | Veterinary Medicine. | Main effects, side effects, registration number, production batch number and the phrase “For veterinary use only”. |
– If it is a Schedule A poison. | – Add the phrase (black text): "Do not exceed the prescribed dose". | |
– If it is a Schedule B poison. | – Add the phrase (in red text): "Do not exceed the prescribed dose". | |
– If it is a medicine for external use. | – Add the phrase: “For external use only”. | |
Plant protection products | Plant protection products. | Registration number, KCS number, information about toxins, warnings and instructions on how to prevent poisoning, and emergency instructions in case of poisoning. |
Pet breeds; aquatic varieties | Aquatic variety. | Length, diameter of main stem, stage of development. |
Pet breeds. | Breed level, yield criteria, and breed characteristics. | |
– If it is an egg-oriented poultry. | – Add egg yield/year. | |
– If it is meat-oriented poultry. | – Add the achieved mass/unit of time. | |
– If it is a pork breed. | – Add weight gain ability, food consumption level, back fat thickness. | |
– If it is a sow. | – Add the number of litters/litter and the number of litters/year. | |
Aquatic animal breeds: | ||
– Aquatic breeds for commercial farming; | – Number of days old, length of seed or type of post (applies to shrimp seed). | |
– Artemia eggs. | – Number of eggs/g, hatching rate (%) | |
– Parental aquatic breed. | – Weight, stage of sexual development. | |
Metallurgical products | - Alloy. | – Characteristic criteria to distinguish, decisive to the purpose of use. |
Fishing tools | – Fishing nets. | – Color, roughness (Tex), dry breaking strength (N), mesh size. |
– Fiber and rope used for fishing. | – Diameter, roughness (Tex), dry breaking strength (N), twist (twist/m). | |
Chemistry | Chemistry. | Typical quality criteria. |
– If the chemical is flammable, explosive, toxic, or corrosive. | – Add corresponding warnings. | |
– If it is a chemical contained in a pressure vessel. | – Add the bottle number, loading capacity, refiller, and hazard warnings. | |
Industry explode materials | Industry explode materials. | Main quality indicators and possibility of use in industrial activity. |