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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.09/2007/TT-BKHCN
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Hanoi,
April 06, 2007
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CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
GOVERNMENTS DECREE NO. 89/2006/ND-CP DATED AUGUST 30, 2006 ON LABELING OF GOODS
Pursuant to the Governments Decree No.
54/2003/ND-CP dated May 19, 2003, defining the functions, tasks, powers and
organizational structure of the Ministry of Science and Technology and the
Government s Decree No. 28/2004/ND-CP dated January 16, 2004, amending and
supplementing a number of articles of Decree No. 54/2003/ND-CP;
Pursuant to the Governments Decree No. 89/2006/ND-CP dated August 30, 2006, on
labeling of goods;
The Ministry of Science and Technology guides the implementation of some
contents regarding goods labels as follows:
I. GENERAL PROVISIONS
1. Supplementary labels
a) Supplementary labels are used for imported
goods under the provisions of Clause 3, Article 9 of the Government's Decree
No. 89/2006/ND-CP dated August 30, 2006, on labeling of goods (hereinafter
referred to as Decree No. 89/2006/ND-CP).
b) Supplementary labels must be attached to
goods or commercial packings thereof and must not hide the contents of original
labels. Contents shown on supplementary labels must not misrepresent the
contents shown on original labels.
c) If adding compulsory contents according to
the provisions of Vietnamese law on labeling of goods, which are not shown on
original labels, labeling organizations or individuals shall take
responsibility before law for the accuracy and truthfulness of these added
contents. These added contents must not misrepresent the contents shown on
original labels.
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The following packings are non-commercial ones:
a) Packings used for storing, transporting and
preserving 1abeied goods;
b) Bags of goods sold;
c) Packing used for containing bulky goods taken
from larger from packings for retail;
d) Cargo containers, cisterns for transportation
of petrol, liquids or bulky cement.
3. Language used in goods labels
a) Translations in another language of
Vietnamese contents presented on labels must not misrepresent these Vietnamese
contents.
b) For optional contents written in another
language, if any, their Vietnamese translations are not required but these
contents must neither misrepresent the nature and uses of the goods nor
misrepresent other contents shown on the labels.
c) For the same content shown on an original
label, the font size in another language must not be bigger than the font size
in Vietnamese.
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a) For goods manufactured, assembled, processed
or packaged in Vietnam
for domestic circulation, organizations or individuals that finish the goods or
perform the 1ast step in finishing the goods before putting them into
circulation shall label the goods.
b) If organizations or individuals responsible
for labeling goods defined in Article 10 of Decree No. 89/2006/ND-CP request
other organizations or individuals to label goods, they are still responsible
for their goods' labels.
Example: An organization or individual importing
goods may request the domestic or overseas manufacturer or another organization
to label the goods imported under contract or agreement but is still
responsible for the goods labels when these goods are circulated in Vietnam.
c) For labels with some missing or improper
contents, organizations or individuals that manufacture or trade in the goods
having such labels shall, on their own initiative or upon the request of a
state management agency, add the missing contents or remove the improper
contents.
To add contents on a label by directly printing
them on the label or printing them on other materials (stickers) to be glued on
the label without hiding information shown on the label.
- Removal of improper contents from a label must
ensure non-recovery of these contents.
II. CONTENTS OF GOODS LABELS
1. Labeling of goods under the
provisions of Article 12 of Decree No. 89/2006/ND-CP
a) Organizations and individuals shall determine
by themselves the types of goods which they manufacture or import under the
provisions of Article 12 of Decree No. 89/2006/ND-CP for writing relevant
compulsory contents.
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Example: Motorcycle inner tubes and tires belong
to Item 44 (Vehicle parts), but not Item 22 (Plastic and rubber products).
- A goods that has many uses shall be
categorized based on its principal use.
Example: Telephones with night lights and/or
electronic clocks belong to Item 35 (Computer, information, post and
telecommunications equipment), but not Item 34 (Electric and electronic
products).
- A goods that can be categorize differently
shall be categorized into a type of a more reasonable nature and use.
Example: Orange
juice belongs to Item 3 (drinks), but not Item 2 (Foodstuffs).
- A goods that cannot be categorized into any
type under the provisions of this Point shall be categorized based on the
Harmonization System (HS).
Example: Contraceptive chemical preparation (HS:
Chapter 30 - Pharmaceuticals) belongs to Item 7 (Human medicines), but not Item
12 (Household chemicals for human use).
b) When line ministries stipulate which type of
goods belong to which groups defined in Article 12 of Decree No. 89/2006/ND-CP,
the categorization of these goods must comply with the stipulations of these
line ministries.
2. Names of goods
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Example: For ''beef sausage '', the quantity of
beef must be shown next to the name of the goods: ''beef sausage (30% of
beef)'' or shown in the section Ingredients: ''Beef of not less than 30%'' or
shown on a separate position on the label: ''30% of beef".
b) For an additive used to create a color, fragrance
or flavor which is shown together with the name of the goods, the quantity of
such additive needs not be shown.
Example: For ''facial wash milk with apple
fragrance'', ''pink lipstick" or ''pasteurized milk with strawberry
favor'', the quantity of the additive'' apple fragrance'', ''pink color"
or ''strawberry flavor" needs not be shown but the ingredient of the
additive must still be shown according to regulations.
c) If the name of an extract or essence from
natural raw materials is shown together with the name of a goods, the
ingredient and quantity of the extract or essence or the weight of raw
materials used for the creation of such quantity of the extract or essence must
be shown:
Example: For facial wash milk extracted from
watermelon, it can be shown as follows 0.001% watermelon essence or 200g of
water melon/product.
3. Names and addresses of
organizations and individuals responsible for goods
a) The names of organizations and individuals
and the place names must not be abbreviated.
Example: For Hoang Phu company, Tien Son
industrial park, Tien Du, Bac Ninh, the words ''Hoang Phu'', ''Tien Son'',
''Tien Du'' and ''Bac Ninh'' must not be abbreviated to ''HP'', ''TS'', ''TD''
and ''BN''.
b) For a product or goods manufactured right at
the place of business registration, the label must show the name and address of
the manufacturer according to its business registration.
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c) For a product or goods manufactured at a
place other than the place of business registration, the label must show the
address of the place of manufacture of the product or goods.
Example: For vegetarian noodles of Company A
manufactured at different places, its label must show:
If manufactured at a factory in Hung Yen,
''manufactured ar Factory X, Nhu Quynh township, Van Lam, Hung Yen'' or
''product of Company A, manufactured at Nhu Quynh township, Van Lam, Hung
Yen.'' If manufactured at a factory in Binh Duong, ''manufactured at Factory Y,
An Phu commune, Thuan An, Binh Duong'' or ''product of Company A, manufactured
in An Phu commune, Thuan An, Binh Duong.''
If the addresses of many places of manufacture
are shown on a label, an indication or symbol must be given to indicate the
place of manufacture of the goods.
Example: On the label of Rose washing power of
Company A, many places of manufacture are shown, such as Sai Dong industrial
park, Gia Lam, Hanoi; An Phu commune, Thuan An, Binh Duong. If the power is
manufactured in Sai Dong industrial park, Gia Lam, Hanoi,
the place of manufacture can be expressed in either of the following two ways:
Way 1: ''See the address of the place of
manufacture next to the manufacturer
BD: An Phu Commune, Thuan An, Binh Duong;
HN: Sai Dong IP, Gia Lam, Hanoi.
Date of manufacture 081106 HN.''
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An Phu commune, Thuan An, Binh Duong;
Sai Dong IP, Gia Lam, Hanoi.
x''
Organizations and individuals responsible for
labeling may select a marking symbol.
d) For goods manufactured by two or more
organizations and individuals, the name and address of the organization or
individual performing the last step to finish the goods before the goods are
put into circulation must be shown.
For organizations or individuals performing
various step to finish the goods before the goods are put into circulation,
such as assembling, packaging or bottling, the goods labels must show the name
and address of the assembling, packaging or bottling organization or
individual. The name or the name and address, trademark, brand and other
details of the organization or individual manufacturing the goods before they
are assembled, packaged or bottled may be shown on labels if so permitted by
the manufacturing organization or individual.
Example 1: Computer Company A at 100, street B, Hanoi,
buys computer parts from different sources and assembles them at workshop X in
Bac Thang Long industrial park, Hanoi,
into complete computer units for sale. The following shall be shown:
- Assembled at workshop X - Bac Thang Long
industrial park, Hanoi,
or
- Product of Computer Company A at 100, street
B, Hanoi, assembled at Workshop X, Bac Thang
Long industrial park, Hanoi.
Example 2: Refined sugar is manufactured at Lam
Son sugar refinery, Thanh Hoa, and packaged in 50-kg sacks. Shop A at 70,
street B, Hanoi,
re-packages the sugar in one-kg packs for retail. The following shall be shown:
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- Manufactured at Lam Son sugar refinery, Thanh
Hoa, and packaged at Shop B, 70, street B, Hanoi.
Example 3: Fish sauce is manufactured by Company
A in Nha Trang, and stored in tanks. Enterprise B at 80, street B, Hanoi,
buys the fish sauce and puts it in 1-litter bottles for retail. The following
shall be shown:
- Bottled at Enterprise
A, 80, street B, Hanoi,
or,
- Manufactured at Company A, Nha Trang, and
bottled at Enterprise A, 80, street B, Hanoi.
e) If the manufacturing establishment is a
member of an organization, such as a company, a corporation, a group, an association
or other organizations, the name or the name and address, the trademark, brand
and other details of such organization may be shown on labels if so permitted
by the organization, besides the address of the place of manufacture.
Example: Electric fans are manufactured at
factory A, Sai Dong, Gia Lam, Hanoi,
which is a member of Company B, under Corporation C. Their label may show
''Corporation C, Company B, manufactured at factory A, Sai Dong, Gia Lam, Hanoi.''
f) If labels also show the names and addresses
of other organizations or individuals as a way of advertising the product or
goods, the relationship between such organizations or individuals and the
product or goods must be also shown.
Example: Detergent is manufactured at Plant A,
Bien Hoa II Industrial Park, Dong Nai province. If its label is to show
''Company B'' or ''Industrial Chemical Institute'' or ''Vietnam Chemical
Association'', while Plant A is not a unit attached to Company B, the
industrial chemical institute or the Vietnam Chemical Association, it should be
shown as follows: ''Manufactured for Company B'', ''Quality tested at the
Industrial Chemical Institute'' or "Technical counseling by the Vietnam
Chemical Association".
4. Quality of goods
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- For weight: kilogram (kg), gram (g), and
milligram (mg). For less than one kg, g must be used (for example, write 500 g
but not 0.5 kg); for less than one g, mg must be used (for example, write 500
mg but not 0.5 g).
- For volume: liter (1), milliliter (ml). For
less than one liter, ml must be used (for example: write 500 ml but not
0.5 liter).
For solid goods, use cubic meter (m3), cubic
decimeter (dm3), cubic centimeter (cm3), cubic millimeter (mm3). For less than
one m3, dm3, cm3 or mm3 may be used.
b) Some units of measurement may be used to
indirectly express net weight, net volume or directly express area and length:
- For area: square meter (m2), square
decimeter (dm2), square centimeter (cm2), square millimeter (mm2). For areas
less than one m2, dm2, cm2 or mm2 may be used.
- For length: meter (m), decimeter (dm),
centimeter (cm), millimeter (mm). For lengths less than one m, dm, cm or mm may
be used.
c) A unit of measurement may be written in full
or symbol, for example, gram or g, or millimeter or ml.
5. Date of manufacture, expiry
date and preservation period
a) Date of manufacture, expiry date or
preservation period may be written in full or abbreviations in capital
letters as NSX (date of manufacture), HSD (expiry date) or HBQ (preservation
period).
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Example: The date of manufacture is April 2, 2006,
and the expiry date is October 2, 2008, one of the following ways of
presentation on labels may be used:
- NSX: 020406
HSD: 021008; or
- NSX 02 04 06
HSD 02 lo 08; or
- NSX: 02042006
HSD: 02102008
- NSX: 02 04 2008
HSD: 02 10 2008; or
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HSD: 02/10/08; or
- NSX: 020406
HSD: 30 months; or
- NSX: 020406
HSD: 30 months from NSX.
c) If the abbreviations NSX and HSD together
with the numerals indicating the date, month and year can not be shown on
labels, relevant instructions must be given.
Example: If the date of manufacture and expiry
date are shown as 020406 021008 at the bottom of packings, the following
instruction shall be shown on labels: See NSX and HSD at the bottom of the
packing.
d) If NSX and HSD are shown in a foreign
language on labels, a relevant instruction must be given on labels.
Example: The date of manufacture and expiry date
are shown on packings as ''MFG 020406 EXP 021008'', the following instruction
must be shown on labels: NSX, HSD see ''MFG''' "EXD'' on packings.
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Example: If manufactured in February 2006,
labels shall show ''SX 02/06'' or ''SX 02/2006'' or ''Manufactured in February
2006.''
f) If the year of manufacture is required to be
shown, four numerals indicating the year shall be shown. Example: If
manufactured in 2006, labels shall show ''Manufactured in 2006'' or ''Year of
manufacture: 2006.''
g) The expiry date stipulated in Clause 10,
Article 3 of Decree No. 89/2006/ND-CP may be also expressed as expiration date
(or use by date) or best if used by date (of best before date). These
expressions of expiry date are presented as follows:
Expiration date (or use by date) shall be shown
as expiry date and may be abbreviated to HSD according to the provisions of
points b, c and d of this Clause.
- Best before date shall be expressed in full.
The time following the phrase ''Best before'' shall be shown according to the
provisions of Points b, c or d of this Clause.
6. Ingredients, ingredient
quantities
Ingredients and ingredient quantities shall be
shown under the provisions of Article 18 of Decree No. 89/2006/ND-CP.
a) Water added as material for the manufacture
or processing of, and existing in, a product or goods, shall be expressed as an
ingredient of the goods.
b) If the name of an ingredient is shown on
labels to draw attention to the goods, the quantity of this ingredient must be
shown.
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c) For household metal goods or appliances made
from a principal material decisive to their use value, the name of the
ingredient of the principal material must be shown together with the name of the
goods but the ingredient and its quantity are not required to be shown.
Example: For goods shown on labels as plastic
basin, leather shoe, bamboo mat, iron seats, paper tissues, rubber mattress or
porcelain pots, their ingredients and ingredient quantities are not required to
be shown.
7. Hygiene and safety
information and warnings
The contents of hygiene and safety information
and warnings shown on labels are defined in Article 19 of and Appendix IV to
Decree No. 89/2006/ND-CP.
Warnings may be presented on labels in letters,
images or symbols according to International practice and relevant regulations.
III. IMPLEMENTATION
PROVISIONS
1. This Circular takes effect 15 days after its
publication in CONG BAO.
2. Ministries and ministerial-level agencies
shall provide, after consulting the Ministry of Science and Technology,
guidance on the specific contents and ways of labeling of particular products
under their line management.
3. Problems arising in the course of
implementation of the Circular should be reported by organizations and
individuals to the Ministry of Science and Technology for study and handling.
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FOR THE
MINISTER OF SCIENCE AND TECHNOLOGY
VICE MINISTER
Tran Quoc Thang