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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
178/1999/QD-TTg
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Hanoi,
August 30, 1999
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DECISION
PROMULGATING THE REGULATION ON THE LABELING OF GOODS TO BE
CIRCULATED IN THE COUNTRY AND EXPORT AS WELL AS IMPORT GOODS
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Commercial Law of May 10, 1997;
At the proposal of the Minister of Trade,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on the labeling of goods
to be circulated in the country and export as well as import goods.
Article 2.- This
Decision takes effect 6 (six) months after its signing. The previous
stipulations which are contrary to this Decision are now annulled.
Article 3.- The Minister
of Trade shall have to guide the implementation of this Decision.
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PRIME MINISTER
Phan Van Khai
THE REGULATION
ON THE LABELING OF GOODS TO BE CIRCULATED IN THE COUNTRY AND
EXPORT AS WELL AS IMPORT GOODS
(Issued together with Decision No.178/1999/QD-TTg of August 30, 1999 of the
Prime Minister)
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope
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2. Goods being processed foodstuffs, raw and
fresh foodstuffs, essential commodities and necessities which are not
ready-packed and sold directly to consumers; foods and drinks which are
ready-packed and have a consumption value within 24 hours, shall not be
governed by this Regulation.
Article 2.- Application
objects
Subject to this Regulation are organizations,
individuals and merchants that produce and/or trade in goods made in Vietnam
for domestic circulation and/or for export; as well as organizations,
individuals and merchants that import goods for sale in Vietnam.
Article 3.-
Interpretation of terms
In this Regulation, the following terms shall be
construed as follows:
1. Goods labels are inscriptions, prints,
drawings, images or signs which are imprinted or embossed directly or affixed,
stuck or pinned firmly on goods or their packings to display necessary and
principal information about such goods.
2. Merchandise packings are those directly
attached to goods and sold together with such goods to consumers, including
holding packings and exterior packings:
a/ Holding packings are those directly holding
goods, forming shapes and figures of goods, or tightly covering goods to their
shapes and figures.
b/ Exterior packings are those used to contain
one or several goods holding packings.
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4. Goods labeling is the inscription of
necessary and principal information about goods on their labels in order to
provide consumers with basic information to identify goods and serve as basis
for purchasers to decide the selection, consumption and use of such goods, and
for functional bodies to effect the inspection and supervision.
5. Compulsory content of goods labels is the
part containing the most important information about goods that must be
inscribed on the goods labels.
6. Non-compulsory content of goods labels is the
part containing other information other than the content compulsorily inscribed
on the goods labels.
7. Principal display panel (PDP) is a part on
which the compulsory contents of goods labels are inscribed, which can be
easily and clearly spotted by the consumers in normal goods display conditions,
and designed according to the actual size of the packing directly holding
goods, and must not be laid out on the packing’s bottom part.
8. Information part is the part laying to the
right of the principal display panel, on which the non-compulsory contents of
goods label or some compulsory contents in cases where the principal display
panel is not large enough to contain such compulsory contents, are inscribed.
Article 4.- Basic
requirements of goods labels
All letters, numerals, drawings, images, signs
and/or marks put on goods labels must be clear and true to the real properties
of goods. They must not be ambiguously inscribed, thus causing mistakes for
other goods labels.
Article 5.- Languages
used to display goods labels
1. Labels of goods to be circulated in the
country must be inscribed in Vietnamese, but depending on the requirements of
each kind of goods, they may be inscribed in foreign language(s) but in smaller
sizes.
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3. For goods imported for circulation and sale
on the Vietnamese market, the language(s) on such goods’ labels shall be displayed by one of the
following methods:
a/ When signing the import contract, the
merchant shall request the goods supplier to agree on the inscription on the
original label of the compulsory contents’ information in Vietnamese.
b/ In cases where the agreement defined at Point
a, Clause 3 of this Article cannot be reached, the goods importing merchant
shall have to make an auxiliary label inscribing the compulsory contents’
information in Vietnamese and stick it together with the foreign-language
original label of such goods, before such goods are put on sale or circulated on
the market.
Chapter II
INSCRIBING CONTENTS OF
GOODS LABELS
Section I. COMPULSORY CONTENTS
Article 6.- Goods
appellations
1. Goods appellations are particular names of
goods or names already used in the Vietnamese standards of such goods. The names
of goods shall be inscribed in letters of a height not shorter than half (1/2)
of the highest letter on the goods label.
2. In cases where a goods item has not had its
name specified in the Vietnamese standards (the VS), its name shall be the one
specified in the International Standards publicized for application by Vietnam.
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4. In cases where a goods item has no name
specified in Clauses 1, 2 and 3 of this Article, such goods item shall be
entitled to use a name concretely describing or clearly stating its utility.
Article 7.- Names and
addresses of merchants responsible for goods
1. In cases where a goods item is completely
produced at a production establishment, the name of the merchant responsible
for such goods shall be the name of such production establishment, with the
following inscription on the goods label:
Manufactured at.....................or produce
of......................
2. In cases where a goods item is assembled from
components and spare parts produced by different production establishments, the
name of the merchant responsible for such goods shall be the name of the
establishment that assembles finished products, with the following inscription
on the goods label:
Assembly
establishment:............................ or assembled
at.............................
3. In cases of imported goods or goods sold by
sale agents for foreign merchants, the name of the merchant responsible for
such goods shall be the name of the importing merchant or the merchant acting
as the sale agent, with the following inscription on the goods label:
Importing
merchant:.......................................or agency
merchant..........................
4. Each address shall comprise: house number,
street (village, hamlet), ward (commune), urban district (rural district,
provincial town), city (province).
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1. Quantity of goods is the actual number
(counting number) or net weight, volume or measures of goods contained in
merchandise packing.
2. Measuring units used to denote the quantity
of goods are the lawful measuring units of Vietnam, under the international
system of measuring units (S.I).
If another system of measuring units is applied,
the coefficients for converting such system into the S.I system of measuring units
must be inscribed, except for such special goods as picture tubes of television
set (T.V), crude mineral oils, etc.
3. The size of numerals for inscribing goods
quantity on goods labels shall be designed depending on the size of the
principal display panel (PDP).
4. The quantity shall be inscribed on the
position below the PDP with an area equal to 30% of that of the PDP and a
height equal to about 1/3 (one third) of that of the PDP.
5. Letters and numerals used to inscribe the
quantity shall be lined up in parallel with the packing’s bottom.
Article 9.- Composition
1. Goods being ready-packed foodstuffs, drinks
or cosmetics, which are composed of two or more constituents must have their
constituents inscribed on the labels.
2. Other goods composed of two or more
constituents must have the constituent(s) decisive to the goods� use value inscribed
on their labels.
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4. For goods which are required to ensure safety
for human beings and environment, when being used and having a complex
composition of two or more constituents, the names of such complex composition
as well as its constituents must be inscribed in the order of from high to low
volume or content (volume percentage).
5. Those constituents or substances in a complex
composition of a special type, which have been treated by radiation, genetic
engineering or preservatives... , of which the use doses have been prescribed
or which have been put on the list of substances that cause reactions or
hazards..., must be inscribed on the goods labels under the international
regulations already publicized for application by Vietnam.
Article 10.- The
principal quality criteria
The principal quality criteria decisive to the
use value and the human and environmental safety criteria set for goods when
they are used must be inscribed on such goods labels.
Article 11.- Production
date, expiry date and preservation duration
1. For goods of which the production date, under
detailed guidance of the branch managing ministries defined in Clause 2,
Article 19 of this Regulation, is required to be inscribed, such production
date must be inscribed on the goods’ labels. A goods item�s production date is
the index of the day, month and year when the production of such goods item is
completed.
2. Depending on the characteristics and requirements
of the instructions on the use and management of each specific group and
category of goods, one of the following dates must be inscribed on the goods
labels:
a/ For goods groups and categories being food,
cosmetics and pharmaceuticals, the expiry date must be inscribed. The expiry
date is the number indicating the day, month and year, beyond which the goods
must not be circulated and used.
b/ For goods groups and categories requiring
quality safety in their preservation and storing, the preservation duration
must be inscribed on their labels. The preservation duration is the number
indicating the day, month and year, during which the goods can be kept in
preservation storage and beyond which the goods quality may deteriorate before
they are put on sale or consumed.
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a) They are inscribed according to calendar day,
month and year.
b) Day indicator comprises two numerals;
Month indicator comprises two numerals or in
letters;
Year indicator comprises two last numerals of
the indicated year.
Article 12.-
Preservation instruction and use instruction
1. There must be on goods labels the
preservation instruction, the use instruction and cautions of possible harms if
the goods are used improperly, as well as the way of dealing with possible
harmful occurrences.
2. In cases where a goods label is not large
enough for inscribing the above-said instructions, such instructions must be
inscribed on a manual to be provided together with the goods to the goods
purchasers.
Article 13.- Goods’
origin
For export goods and import goods, the names of
the countries of origin must be inscribed on the goods labels.
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Article 14.- Besides
the compulsory contents that must be displayed on the goods labels, depending
on the specific requirements and peculiarities of each goods item, other
necessary information may be inscribed, which, however, must not contravene the
provisions of law and this Regulation, and at the same time must neither hide
nor lead to misunderstanding of the compulsory contents on the goods labels.
Chapter III
STATE MANAGEMENT OVER
THE GOODS LABELING
Article 15.- Contents
of the State management (by State management agencies) over the goods labeling
1. Compiling and submitting to the competent
State agencies for promulgation or promulgate according to assigned competence
the legal documents on goods labeling;
2. Supervising and inspecting the observance of
the legal documents on goods labeling;
3. Detecting, preventing and handling according
to assigned competence or proposing the competent agencies to handle violations
of the legislation on goods labeling.
Article 16.- The
agencies in charge of the State management over goods labeling
1. The Ministry of Trade shall have to perform
the State management over the labeling of goods circulated in the country as
well as the export and import goods.
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Chapter IV
VIOLATION ACTS
Article 17.- Acts of
violating the legislation on goods labeling include:
1. Circulating goods without goods labels as
prescribed.
2. Inscribing on goods labels information in
images, drawings or letters which are not true to the real properties of such
goods.
3. Using goods labels which are so unclear and dim
that the contents inscribed thereon cannot be read by bare eyes.
4. Failing to fully inscribe on goods labels the
compulsory contents as prescribed.
5. Displaying contents on goods labels not in
the prescribed sizes, positions or languages or by improper inscribing method.
6. Erasing, crossing out or modifying contents
inscribed on goods labels.
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8. Using goods labels already protected by law
without their owners� consents.
9. Using goods labels identical to those of the
same kind of other merchants, which are protected by law.
All organizations and individuals that commit
any of the above-said violation acts shall be handled according to the
provisions of law.
Article 18.- The forms
of and competence for handling of violations
The forms of and competence for handling of
violations in the field of goods labeling shall comply with the regulations on
the handling of administrative violations in field of commerce.
Chapter V
IMPLEMENTATION PROVISIONS
Article 19.- Effect
1. This Regulation takes effect 6 (six) months
after its promulgation.
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PRIME MINISTER
Phan Van Khai