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THE
MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
15/2006/QD-BKHCN
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Hanoi,
August 23, 2006
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DECISION
PROMULGATING THE REGULATION ON ALLOCATION, USE AND
MANAGEMENT OF ARTICLE NUMBERS AND BARCODES
THE MINISTER OF SCIENCE AND TECHNOLOGY
Pursuant to the Government's Decree No.
54/2003/ND-CP of May 19, 2003, defining the functions, tasks, powers and organizational
structure of the Ministry of Science and Technology, and Decree No.
28/2004/ND-CP of January 16, 2004, amending and supplementing a number of
articles of Decree No. 54/2003/ND-CP;
Pursuant to the Prime Minister's Decision No. 45/2002/QD-TTg of March 27, 2002,
providing for the state management of article numbers and barcodes and agencies
in charge of state management of article numbers and barcodes;
At the proposal of the general director of the Directorate for Standards and
Quality and the director of the Legal Department,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on allocation, use and
management of article numbers and barcodes.
Article 2.- This
Decision shall take effect 15 days after its publication in "CONG
BAO."
Article 3.- The
Directorate for Standards and Quality shall organize and guide the
implementation of the Regulation promulgated together with this Decision.
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FOR THE
MINISTER OF SCIENCE AND TECHNOLOGY
VICE MINISTER
Bui Manh Hai
REGULATION
ON ALLOCATION, USE AND MANAGEMENT OF ARTICLE NUMBERS AND
BARCODES
(Issued together with the Science and Technology Minister's Decision No.
15/2006/QD-BKHCN of August 23, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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Article 2.- Subjects
of application
This Regulation applies to Vietnamese and
foreign organizations and individuals that operate in Vietnamese territory
(hereinafter collectively referred to as organizations/companies) and wish to
use article numbers and barcodes as well as organizations and individuals
involved in the allocation of article numbers and barcodes.
Article 3.-
Interpretation of terms
In this Regulation, the terms below are
construed as follows:
1. Article number is a series of digits used to
identify items, locations or organizations.
2. Barcode is a series of parallel bars and
spaces to represent article numbers, which can be read by a scanner.
3. EAN stands for the European Article Numbering
(EAN) International Organization, which was used prior to February 2005.
4. GS1 stands for Global Standards 1
International Organization, which has been used since February 2005.
5. EAN code means a standard code set by the GS1
for global application.
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7. Company prefix is a series of digits consisting
of the country code followed by 4-7 digits used to identify
organizations/companies.
8. Short number (EAN 8) is a series of 8 digits
set for small items (products), consisting of the country code, digits used to
identify items and a check digit.
9. Global location number (GLN) is a series of
13 digits set for organizations/companies and locations, consisting of the
country code, digits used to identify organizations/companies or locations, and
a check digit.
10. Global trade item numbers (GTINs) means
reference numbers of items (products or goods), formed from company prefixes,
including 13-digit numbers (EAN 13); 14-digit numbers (EAN 14); 8-digit short
numbers (EAN 8); and UCC numbers of the Uniform Code Council of the United
States and Canada.
11. Vietnam's national number bank means a
collection of numbers containing the country code 893.
12. Foreign numbers means foreign country
numbers, allocated and managed by foreign national article numbering and
barcoding organizations.
13. Global electronic party information registry
(GEPIR) network means a global network for electronic registry of information
on members using article numbering and barcoding systems established and
managed by the GS1.
Chapter II
ALLOCATION AND
MANAGEMENT OF ARTICLE NUMBERS AND BARCODES
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1. Types of article numbers and barcodes to be
allocated and uniformly managed include:
a/ Company prefixes;
b/ Short numbers (EAN 8);
c/ Global location numbers (GLNs).
2. Types of article numbers and barcodes
established by organizations/companies themselves for use after they have been
allocated company prefixes include:
a/ Global trade item numbers (GTINs);
b/ Global location numbers (GLNs);
c/ Types of numbers for logistic units, assets
or other items when needed.
3. Every organization/company may register to
use one company prefix. In special cases, an organization/company may register
to use more than one company prefix when it proves that all of its allocated
company prefixes have been used. When registering to use additional company
prefixes, organizations/companies shall carry out procedures like those
applicable to the registration for first-time allocation of company prefixes,
enclosed with explanations on the use of all allocated company prefixes.
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1. The Directorate for Standards and Quality
(STAMEQ) shall assist the Ministry of Science and Technology in allocating
article numbers and barcodes specified in Clause 1, Article 4 of this
Regulation and managing article numbers and barcodes specified in Clauses 1 and
2, Article 4 of this Regulation.
2. After being allocated company prefixes,
organizations/companies shall themselves establish article numbers and barcodes
specified in Clause 2, Article 4 of this Regulation for use and biannually
report the lists of their article numbers to the STAMEQ.
Article 6.- Order of
allocation of article numbers and barcodes
An article number and barcode shall be allocated
in the following order:
1. Registering for use of the article number and
barcode;
2. Receiving the dossier of registration for use
of the article number and barcode;
3. Appraising the dossier and granting the certificate
of article number and barcode use right;
4. Guiding the use of the article number and
barcode.
Article 7.- Registration
of use of article numbers and barcodes
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2. A dossier of article number and barcode use
registration shall comprise:
a/ A written registration of article number and
barcode use, made according to a set form;
b/ A copy of the business registration
certificate, for production, business and trade companies, or a copy of the
establishment decision, for other organizations;
c/ A registered list of products using GTINs,
made according to a set form;
d/ A form of registration of GS1 Vietnam's
database (GEPIR network), made according to a set form.
Article 8.- Receipt of
article number and barcode use registration dossiers
1. Dossier-receiving organizations shall guide
organizations/companies to make article number and barcode use registration
dossiers, receive and preliminarily process such dossiers.
2. Within 5 working days after receiving
complete dossiers, dossier-receiving organizations shall transfer the dossiers
to the STAMEQ.
Article 9.- Appraisal of
dossiers and grant of article number and barcode use-right certificates
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a/ If the dossiers are valid, the STAMEQ shall
allocate numbers, make entries thereof into the registration book, archive them
in the national number bank, and grant article number and barcode use-right
certificates.
b/ If the dossiers are not yet valid, the STAMEQ
shall request organizations/companies to improve them.
2. Article number and barcode use-right
certificates shall be sent to article number and barcode-using
organizations/companies through dossier-receiving organizations within 10 days
after being issued by the STAMEQ. The form of the article number and barcode
use-right certificate is set in Appendix IV to this Regulation (not printed
herein).
3. When there are changes in the legal person
status, names or addresses of article number and barcode-using
organizations/companies or when the certificates are lost or damaged, the
article number and barcode-using organizations/companies shall notify in
writing the STAMEQ thereof for the renewal or re-grant of certificates. Article
number and barcode-using organizations/companies shall pay expenses for such
renewal or re-grant.
Article 10.- Article
number and barcode use guidance
Dossier-receiving organizations shall guide organizations/companies
registering for use of article numbers and barcodes to observe the regulations
on use of article numbers and barcodes specified in Chapter III of this
Regulation and other relevant regulations.
Article 11.- Charges
for allocation of article numbers and barcodes
1. Article number and barcode-using
organizations/companies shall pay article number and barcode allocation charges
when registering for use of article numbers and barcodes and annual charges for
maintenance of such use to dossier-receiving organizations according to the
provisions of the Finance Ministry's Circular No. 88/2002/TT-BTC of October 2,
2002, providing for the regime of collection, remittance and use management of
article number and barcode allocation charges.
2. Charges for article number and barcode use
maintenance must be paid before June 30 every year. Past this deadline, if
article number and barcode-using organizations/companies fail to pay the
charges, dossier-receiving organizations shall send payment notices to the
organizations/companies. At the expiration of one year, if the
organizations/companies fail to pay the charges, the STAMEQ shall revoke the
allocated numbers and notify such to the organizations/companies and concerned
agencies.
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USE OF ARTICLE NUMBERS
AND BARCODES
Article 12.- Use of
allocated article numbers and barcodes
After being granted company prefixes, article
number and barcode-using organizations/companies shall set by themselves
numbers for identifying items and numbers for identifying
organizations/locations and establish article numbers and barcodes specified in
Clause 2 of Article 4 for their own items and organizations/locations. Article
number and barcode-using organizations/companies shall send lists of their used
GTINs and GLNs to the STAMEQ (through dossier-receiving organizations) for
management according to the provisions of Clause 2, Article 5 of this
Regulation. The registered list of GTIN products shall be made according to a
set form.
Article 13.- Affixture
and printing of article numbers and barcodes
The affixture and printing of article numbers
and barcodes on items, labels, packings or means of transport or in their
accompanied documents shall comply with national or international standards and
other relevant regulations.
Article 14.- Ensuring
the uniqueness of registered numbers and the quality of barcodes
Article number and barcode-using
organizations/companies shall be responsible for the uniqueness of their
registered numbers and the quality of their barcodes and observe relevant
national or international standards. They shall also have to communicate
descriptions of article number and barcode-carrying objects to their partners
and concerned organizations and individuals.
Article 15.- Management
of the use of foreign article numbers and barcodes
In case organizations/companies operating in
Vietnamese territory wish to print foreign numbers (including UCC numbers of
the US and Canada) on their products for the export purpose only, they must use
those numbers which are allocated by foreign competent bodies or with the
authorization of the foreign owning organizations through letters of
authorization, use licenses or other forms of authorization. After being
allocated, or authorized to use, foreign numbers, the using organizations must
notify in writing the STAMEQ of the use of such foreign numbers, enclosed with
copies of the use licenses, letters of authorization, use contracts or other
powers of attorney.
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REVOCATION OF ALLOCATED
ARTICLE NUMBERS AND BARCODES
Article 16.- Voluntary
cessation of use of article numbers and barcodes
1. Article number and barcode-using
organizations/companies must not allow their article numbers and barcodes
allocated by the STAMEQ to be used by other organizations/companies.
2. Article number and barcode-using
organizations/companies that wish to cease using article numbers and barcodes
must notify such in writing and return article number and barcode use-right
certificates to the STAMEQ through dossier-receiving organizations. The STAMEQ
shall issue decisions revoking the allocated numbers and article number and
barcode use-right certificates and notify such to article number and
barcode-using organizations/companies and concerned organizations.
Article 17.- Revocation
of article number and barcode use-right certificates
Article number and barcode-using
organizations/companies that violate the provisions of this Regulation and
their commitments made when registering for the use of article numbers and
barcodes shall have their granted article number and barcode use-right
certificates revoked.
Chapter V
MANAGEMENT OF THE
NATIONAL NUMBER BANK AND ARCHIVE OF DOSSIERS AND DATA ON ALLOCATION AND USE OF
ARTICLE NUMBERS AND BARCODES
Article 18.- Management
of the national number bank and archive of dossiers
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Article 19.- Making and
publicization of lists of allocated numbers
Annually, the STAMEQ shall make and publicize
Vietnam's list of allocated numbers (article number and barcode yearbook) and
manage the list of used GTINs and GLNs, which are reported periodically by
article number and barcode-using organizations/companies.
Article 20.- Management
of database
The STAMEQ shall perform the unified management of
data on organizations/companies which have registered for use of article
numbers and barcodes in Vietnam (GEPIR network), article number and
barcode-using products, and on the use of foreign numbers.
Article 21.-
Confidentiality of information on organizations/companies
The STAMEQ and organizations receiving article
number and barcode use-registration dossiers shall ensure the confidentiality
of information on organizations/companies registering for use of article
numbers and barcodes.
Chapter VI
INSPECTION, SUPERVISION,
AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS ABOUT ALLOCATION AND USE OF
ARTICLE NUMBERS AND BARCODES
Article 22.-
Responsibility to conduct inspection
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Article 23.-
Responsibility to conduct supervision
1. The STAMEQ (Vietnam Standards and Quality
Center) shall supervise the use of article numbers and barcodes according to
the provisions of Chapter III of this Regulation and other relevant standards
and regulations.
2. When detecting any improper use of article
numbers and barcodes, the supervising agency shall remind and guide article
number and barcode-using organizations/companies to strictly comply with
current regulations.
3. When detecting violations in the use of
article numbers and barcodes, the supervising agency shall propose competent
agencies to handle them.
Article 24.- Handling
of violations
1. Organizations or individuals that violate
legal provisions on article numbers and barcodes shall be administratively
sanctioned according to the provisions of the Government's Decree No.
126/2005/ND-CP of October 10, 2005, on sanctioning of administrative violations
in the domain of metrology and product and goods quality.
2. Heads of organizations, cadres or civil
servants who abuse their positions and/or powers to trouble article number and
barcode-using organizations/companies or cover up violators shall be handled
according to the provisions of law.
Article 25.- Complaints
and denunciations
1. Organizations and individuals may lodge their
complaints or denunciations about violations of the Regulation on allocation
and use of article numbers and barcodes according to the provisions of law on complaints
and denunciations.
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Chapter VII
IMPLEMENTATION
PROVISIONS
Article 26.- Reporting
on allocation and use of article numbers and barcodes
Annually, the STAMEQ shall send to the Ministry
of Science and Technology review reports on allocation, use and management of
article numbers and barcodes; inspection, supervision, and settlement of
complaints and denunciations about allocation and use of article numbers and
barcodes; feedback about the implementation of this Regulation; and proposed
amendments or supplements to this Regulation when necessary.
Article 27.-
Implementation guidance
The STAMEQ shall organize and guide the
implementation of this Regulation.