THE MINISTRY
OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
16/2011/TT-BKHCN
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Hanoi, June 30th
2011
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CIRCULAR
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF THE “REGULATION ON THE ISSUE, USE, AND
MANAGEMENT OF CODES AND BARCODES” PROMULGATED TOGETHER WITH THE DECISION NO.
15/2006/QĐ-BKHCN DATED AUGUST 23rd 2006 OF THE MINISTER OF SCIENCE
AND TECHNOLOGY
Pursuant to the Government's Decree No.
28/2008/NĐ-CP dated March 14th 2008 defining the functions, tasks,
powers and organizational structure of the Ministry of Science and Technology;
Pursuant to the Government’s Resolution No.
67/NQ-CP dated December 24th 2010, on the simplification of the
administrative procedures under the management of the Ministry of Science and
Technology;
Pursuant to the Prime Minister’s Decision No.
45/2002/QĐ-TTg dated March 17th 2002, on the State management of
codes and barcodes, and the State management agencies in charge of codes and
barcodes;
At the proposal of the Director of the
Directorate for Standards, Metrology, and Quality,
The Minister of Science and Technology
prescribes:
Article 1. Amending and supplementing a
number of articles of the “Regulation on the issue, use, and management of
codes and barcodes” promulgated together with the Decision No. 15/2006/QĐ-BKHCN
dated August 23rd 2006 of the Minister of Science and Technology as follows:
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“2. A dossier of application for using codes and
barcodes includes:
a) The application for using codes and barcodes,
made according to the form prescribed in Annex I of this Regulation (02
copies);
b) The copies of the Certificate of business
registration, applicable to the producers and traders, or the copy of the
Establishment Decision, applicable to other organizations (the original must be
presented for comparison, unless the copy has been authenticated (01 copy);
c) The registration sheet of the list of
products that use GTIN, made according to the form prescribed in Annex II of
this Regulation (02 copies).”
2. Clause 1 Article 9 is amended and
supplemented as follows:
“1. Within 03 working days as from receiving the
dossier, the Directorate for Standards, Metrology and Quality shall appraise
the dossier of application for using codes and barcodes.
a) If the dossier is valid, the Directorate for
Standards, Metrology and Quality shall issue the codes; record them into the
register, the national bank of codes, and issue the certificate of the right to
use codes and barcodes.
the dossier is not valid, the Directorate for
Standards, Metrology and Quality shall request the organization/enterprise to
supplement it.”
3. Clause 1 Article 11 is amended and
supplemented as follows:
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4. Article 15 is amended and supplemented as
follows:
“Article 15. Transferring and authorizing the
use of codes and barcodes and National codes
1. Organizations and enterprises must not
transfer the right to use codes and barcodes issued by the Directorate for
Standards, Metrology and Quality to another organization or enterprise.
2. When a organization/enterprise wishes to
authorizes an establishment in its joint-venture or that process its products
to use the codes and barcodes issued by the Directorate for Standards,
Metrology and Quality to print on the products manufactured in a joint-venture
or under a processing contract. The organization/enterprise must make a written
authorization (letter of authorization, use contract, or other forms of
authorization) certified by the Directorate for Standards, Metrology and
Quality, and send to its partner as the proof of authorization.
3. Organizations and enterprises doing business
in Vietnam’s territory must obtain the authorization from competent agencies of
the home country, or a organization/enterprise being the owner of the National
codes when printing National codes on their products, and must notify the use
of such national codes to the Directorate for Standards, Metrology and Quality
in writing, enclosed with a copy of the certificate of the right to use or the
written authorization.”
5. Article 16 is amended as follows:
“An organization/enterprise wishes to stop using
codes and barcodes must send written notification and the certificate of the
right to use codes and barcodes to the Directorate for Standards, Metrology and
Quality via the dossier-receiving agency. The Directorate for Standards, Metrology
and Quality shall issue the decision on withdrawing the issued codes and the
Certificate of the right to use codes and barcodes, notify the
organization/enterprise that uses the codes and barcodes, and relevant
organizations.
6. Article 20 is amended and supplemented as
follows:
“The Directorate for Standards, Metrology and
Quality is the agency that uniformly manage the data of code and barcode
registration in Vietnam, and the use of National codes in Vietnam, organize the
data utilization in accordance with the regulations of GS1 International
Organization and Vietnam’s law”
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“The Directorate for Standards, Metrology and
Quality and the agencies that receive the dossiers of application for using codes
and barcodes are responsible for preserve the confidentiality of the
information about the applicants, except for the information that must be
announced as required by the GS1 International Organization.”
8. Annex I and II promulgated together with
the Decision No. 15/2006/QĐ-BKHCN are replaced with the Annex I and II
promulgated together with this Circular; Annex III promulgated together with
the Decision No. 15/2006/QĐ-BKHCN is annulled.
Article 2. The Directorate for Standards,
Metrology, and Quality are responsible for guiding and organizing the
implementation of this Circular.
Article 3.
1. This Circular takes effect on August 20th
2011.
2. The Director of the Directorate for
Standards, Metrology, and Quality, The Director of the Legal Department,
relevant organizations and individuals are responsible for the implementation
of this Circular./.
FOR
THE MINISTER
DEPUTY MINISTER
Nguyen Quan
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