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THE
MINISTRY OF TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
34/1999/TT-BTM
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Hanoi,
December 15, 1999
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER�S
DECISION No. 178/1999/QD-TTg OF AUGUST 30, 1999 ISSUING THE REGULATION ON
LABELING GOODS CIRCULATED IN THE COUNTRY AS WELL AS EXPORT AND IMPORT GOODS
Pursuant to the Prime Ministers Decision No. 178/1999/QD-TTg
of August 30, 1999 issuing the Regulation on labeling goods circulated in the
country as well as export and import goods (hereinafter referred to as the
Regulation), the Ministry of Trade hereby guides a number of specific points
for uniform implementation as follows:
I. INTERPRETATION OF A NUMBER
OF GENERAL PROVISIONS
1. Scope of regulation
All goods being circulated in the country as
well as export and import goods must have goods labels and their labeling must
comply with the Regulation, except for goods temporarily imported for
re-export, goods processed for foreign countries, and all kinds of goods
specified in Clause 2, Article 1 of this Regulation.
2. Distinction between goods
labels and trademarks
a/ According to Clause 1, Article 3 of the
Regulation, goods labels are inscriptions, prints, drawings, images or signs
imprinted or embossed directly or affixed, stuck or firmly pinned on the goods
or their packings to display necessary and principal information about such
goods.
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The above signs are chosen by merchants to be
the symbol for registration of industrial property protection for their
products according to specific regulations on industrial property (in Article 6
of Decree No. 63/CP of October 24, 1996 of the Government).
3. Language used in goods
labels
a/ According to Point a, Clause 3, Article 5 of
the Regulation, for goods imported for circulation and sale on the Vietnamese
market, when signing import contracts, merchants should request the goods
suppliers to agree on additional inscription of compulsory information in
Vietnamese on the original labels in a foreign language(s) in order to create
favorable conditions for the easy selection and use of the goods by Vietnamese
consumers.
b/ Auxiliary labels prescribed at Point b,
Clause 3 of Article 5 are construed as not original labels in a foreign
language(s) but labels in Vietnamese with 8 compulsory contents affixed, stuck,
pinned on or accompanied with the goods supplied to purchasers before or after
the import procedures are completed at the customs office.
+ An auxiliary label is used where the importing
merchant fails to reach an agreement with the foreign goods supplier to
inscribe on the original label the compulsory contents� information in Vietnamese.
+ The auxiliary label must not hide the original
label in a foreign language(s); for kinds of goods which are complicated in
their use and require safety, and accompanied with a foreign-language manual,
there must be Vietnamese translations attached to such foreign-language
original manual for supply to purchasers.
+ For goods without packings, their auxiliary
labels must be affixed, stuck, pinned on or provided with the goods at the
place of sale,.
+ The names of the goods constituents, which are
chemicals, inscribed on the auxiliary labels, must be in Vietnamese or in Latin
or chemical formulae.
II. INSCRIPTION OF THE
CONTENTS OF GOODS LABELS
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1. The goods appellation
- The goods appellation selected to be inscribed
in the goods label as prescribed in Clauses 1, 2, 3 and 4, Article 6, must be
based on the principal utility and typical natural characteristic of the goods
for naming or description. The appellation of goods as prescribed in Clause 4,
Article 6 of the Regulation should not cause confusion between the appellation
of the goods and the name of the manufacturer or the name of the type of goods.
For example: Detergent (the appellation of goods) VISO, OMO... (the name of the
manufacturer); the flu-relieving medicine (the appellation of goods) Aspirin,
Decolgen ... (the name of the type of goods)...
- The selection of the name of goods from the
Harmonized Commodity Description and Coding System HS for inscription on the
goods label prescribed in Clause 3, Article 6 is construed that only the name
of the goods, but not the HS code, is required to be inscribed on the label.
2. Name and address of
merchants responsible for goods
- According to Article 7 of the Regulation, the
names and addresses of merchants responsible for goods are those used for
business registration.
- According to Clause 2, Article 7 of the
Regulation, the inscription of the names and addresses of the merchant
responsible for goods assembled by the merchants themselves is construed as
applicable also to the re-packing of goods for sale. The names and addresses of
the packing establishments are inscribed as follows: The packing
establishment... or Packed at....
3. Quantity of goods
- The inscription of the goods quantity on the
goods label according to the international system of units of measurement SI
prescribed in Clause 2, Article 8 of the Regulation shall be made in a number
of measuring units, including: The measuring unit, its code and its use in
Table 1 below:
Table 1
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1 Measuring units of - For less than a
kilogram,weight to be used: the unit g shall be used (i.e.
- Kilogram kg inscribing 500g rather than 0.5
- Gram g kg); for less than a gram, the unit
- Milligram mg mg shall be used (i.e. inscribing
500 mg rather than 0.5 g) - For 1 kg or over, the unit kg shall be used and the
decimal fraction must not exceed three digits (i.e. inscribing 1.5 kg rather
than 1500 g)
2 Measuring units of - For less than 1 liter,
the unit ml volume to be used: shall be used (i.e. inscribing
* For liquid goods 500 ml rather than 0.5 liter)
- Liter L, l - For 1 liter or more, the unit
- Milliliter mL, ml liter shall be used and the
* For goods in decimal fraction must not exceed
cubic shapes three digits (i.e. 1.75 liter rather than 1750 ml)
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- Cubic decimeter dm3 shall be used
- Cubic centimeter cm3 - For 1 m3 or more, the
unit m3 shall be used and the decimal fraction must not exceed three digits
3 The acreage-measuring units to be used:
- Square meter m2 For less than 1 m2, the unit
dm2
- Square decimeter dm2 and the decimal of dm2 or
cm2
- Square centimeter cm2 and the decimal of cm2
or mm2
- square millimeter mm2 shall be used.For 1 m2
or more, the unit m2 shall be used and the decimal fraction must not exceed 3
digits
4 The length-measuring units to be used:
- Meter m - For less than 1 meter, the
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- Millimeter mm - For 1 meter or more, the unit
m shall be used and the decimal fraction must not exceed 3 digits
- For goods that are made in Vietnam for export,
the measuring units of another measurement system may be used as agreed upon in
the contract with the importing country.
- According to Clause 1, Article 8 of the
Regulation, the inscription of the goods quantity on the goods labels depends
on the nature of the packed goods and the condition of their packings. More
specifically:
+ "Net weight" shall be inscribed in
the following cases:
* Where the packed goods are solid, pasty,
gelatinous substances, a mixture of both solid and liquid substances, or
compressed gas (oxygen, ammoniac, carbonic, gas...) contained in pressure-proof
packings. The measuring units used for net weight are mg, g and kg.
* Where the goods is a mixture of solid and
liquid substances, the weight of the solid substance and total weight of both
solid and liquid substances must be inscribed.
* Where the goods are gelatinous substances
contained in packings being sprayers added with a spraying pressure-forming
substance, the total weight of the goods, including the weights of the
gelatinous substance and the spraying pressure-forming substance.
* Where the goods is compressed gas contained in
packings being pressure-proof cylinders, the quantities inscribed on the label
must include both the weight of the compressed gas and the total weight of the
compressed gas and its packing.
+ "Real volume" shall be inscribed in
the following cases:
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* Where the goods are liquid substance contained
in the packings being sprayers added with spraying pressure-forming substance, the
real volume of the goods inscribed on the goods label is the total volume of
the liquid substance and the spraying pressure-forming substance.
* Where the goods is in cubic form (cube,
rectangular) the goods quantity shall be denoted with the multiplication of the
three sizes (length x width x height) and the measuring units used for volume
are cm3, dm3 and m3.
+ "Real size" shall be used in the
following cases:
* Where the goods are in forms of coiled sheets
or plates, the quantity inscribed on the goods labels is denoted with the
length of the sheet or plate; or with the lengths of the two dimensions (length
x width) of the sheet or plate and in the measuring units of cm or m; if
denoted in acreage, the quantity of the goods shall be the multiplication of
two dimensions (length x width) and the measuring units are cm2, m2 and m3.
* Where the goods are in form of coiled circular
fiber, the quantity inscribed on the goods labels is denoted with the length
and diameter of the fiber. The measuring units are mm and m.
+ Where the goods consists of many units of the
same name and quantity contained in one packing, the quantity inscribed on the
goods label is denoted with the multiplication of the number of units (cardinal
number) and the weight of one goods unit (i.e. 20 units x 10g/unit); or the
number of goods units (cardinal number) and total weight of the goods in the
packing (i.e. 20 units - 200 g).
- In Clause 3, Article 8 of the Regulation, the
size of letters and numerals for inscribing the goods quantity shall be
designed depending on the size of the principal display panel (PDP) of the
labels as indicated in Table 2 below:
Table 2
The principal The shortest height display panel
(PDP) of letters and of a label (in cm2) numerals (in mm)
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>32 to �
258 2.3
>258 to �
645 6.4
> 645 to �
2,580 9.5
> 2,580 12.7
Notes: �
means smaller than or equal to;
> means bigger than
- In Clause 3, Article 8 of the Regulation, the
way of calculating the area of the principal display panel (PDP) of a label
with regard to a number of the packings figures shall comply with the principle
of relativity, which is illustrated in the following examples:
+ Parallelepiped
PDP
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The width: 20 cm
The PDP area = 10 x 20 = 200 cm2
+ Circular cylinders
�40% of total area = 50 cm2
Circumference
The height: 5 cm
The bottom circumference: 25 cm
The PDP area = 125 cm2 x 40% = 50 cm2
+ Quasi-circular cylinder
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PDP
Circumference
+ Parallelepiped with short height
PDP
Short height
PDP is the surface of the packing
+ Circular cylinder with short height
PDP
Short height
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- Clause 4, Article 8 of the Regulation is
construed that the position for inscription of the quantity is below the
principal display panel, with an area equal to 30% of that of PDP and a height
of one third of that of the PDP. For example:
PDP
1/3 of the PDP height 30% OF PDP
Positions where the quantity may be inscribed
4. Constituents
- The constituents inscribed on the goods labels
as prescribed in Article 9 of the Regulation are those used during the
technological process to produce the goods and create their use value.
- For groups and categories of goods which are
required to ensure a high degree of safety when being in use, such as
foodstuffs, drinks, cosmetics and pharmaceuticals as prescribed in Clause 1,
Article 9 of the Regulation, all constituents used for making such goods must
be inscribed on the goods labels.
- Clause 2, Article 9 of the Regulation is
construed to be applicable only to those kinds of goods, supplies, equipment,
machinery or articles other than the groups and categories of goods specified
in Clause 1 of Article 9. The constituents of goods being supplies, equipment,
machinery and articles shall be inscribed only when it is deemed necessary and
only the main constituents decisive to the goods�
use value need to be inscribed. For example: The constituents of shuttle-woven
fabric consist of the percentage % between natural fiber and chemical fiber;
the constituents of coating paint Alkyd in different colors consist of the
percentage % between pigment, additive powder, synthetic resin Alkyd, solution
and drier; the details and spare parts of equipment or machinery.
5. Principal quality criteria:
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- Where the degree and grade of quality and the
scope of application of the goods must be determined, merchants are also
required to inscribe on the goods labels the technical parameters and
quantitative indicators of the major quality criteria.
- Where it is necessary to ensure a high degree
of precision of the principal quality criteria, they shall be inscribed on the
goods labels together with the standard code of the testing method.
- Apart from the principal quality criteria
which must be inscribed on the goods labels as prescribed, merchants may add
other quality criteria on the goods labels if they deem it necessary.
6. The production date, the
expiry date and the preservation duration:
- The inscription of the production date, the
expiry date and the preservation duration is prescribed in Clauses 1 and 2,
Article 11 of the Regulation.
- When inscribing the production date, the
expiry date and the preservation duration as stipulated in Clause 3, Article 11
of the Regulation, it should be noted that:
* Before the date, month and year indicators
there must be these words:
+ "Production date" or abbreviated to
"NSX". For example: NSX 021099 (produced on 02 October 1999)
+ "Expiry date" or abbreviated to
"HSD". For example: HSD 310700 (the expiry date is 31st July 2000)
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+ The date, month and year indicators may be
inscribed in succession or with a dot or slash in between for clear separation
of the date, month and year.
* Where due to incapability of the manufacturing
equipment and technology, it would be accepted that the production date, the
expiry date or the preservation duration can be inscribed on the bottom of the
packing.
7. Use and preservation
instructions:
- According to Clause 1, Article 12 of the
Regulation:
+ For goods which are simple and easy to be
used, the use and preservation instructions are not required.
+ The provision on goods-accompanied manual
shall be applicable only to goods and articles such as supplies, machinery and
equipment which are complicated in their use, requiring a high degree of
precision, or to goods which must be used with a high degree of safety and
efficiency like drugs, medical supplies for prevention and cure of diseases in
human beings, animals and plants, chemical supplies for industrial use.
- According to Clause 2 of Article 12 of the
Regulation, where a goods label is not large enough for inscription of the
contents of the use and preservation instructions, these contents can be
inscribed in a manual to be provided with the goods to consumers.
8. Goods� origin
On the goods labels of export or import goods,
the names of the countries of origin of the goods must be inscribed.
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1. The optional contents that may be inscribed
on the goods labels are prescribed in Article 14 of the Regulation.
2. Merchants may inscribe on the goods labels
such contents (if any) as: The number and bar codes granted by the national
number and bar code organizations; the protected trademarks; awarded medals;
certificates of the goods�
international quality standards; the serial number of the goods batch; the
international markings used for transport, use, preservation...
III. VIOLATION ACTS
Clause 8, Article 17 of the Regulation is
construed as: "Using the trademarks protected by law without the consent
of their owners."
IV. IMPLEMENTATION
PROVISIONS
1. This Circular takes effect from March 1st, 2000.
For those kinds of goods which are labeled after
the above-mentioned date in contravention of Decision No. 178/1999/QD-TTg and
this Circular, they shall be regarded as administrative violations in the field
of trade activities.
For kinds of goods which were labeled before the
effective dates of Decision No. 178/1999/QD-TTg and this Circular but have not
yet passed their expiry date, they are allowed to be circulated until their
expiry date.
2. The detailed guidance for the labeling of
goods of a number of peculiar groups shall be given by the branch-managing
ministries, depending on the concrete requirements arising in their use and
preservation.
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a/ For groups and categories of goods which
require a high degree of safety and efficiency or are complicated in their use,
there must be prescriptions for their use. Specifically:
- The Ministry of Health shall guide the
labeling of drugs and medical supplies for prevention and cure of human
diseases, foodstuffs, cosmetics... related to safety, health and use.
- The Ministry of Agriculture and Rural
Development and the Ministry of Aquatic resources shall guide the labeling of
drugs and supplies and equipment used for production, prevention and treatment
of diseases for animals and plants.
- The Ministries of: Industry; Construction;
Communications and Transport; Science, Technology and Environment; Culture and
Information; Education; General Department of Post and Telecommunications;...
shall guide the labeling of chemicals, supplies, equipment and machinery under
their respective management.
b/ The contents related to the detailed guidance
for the labeling of peculiar goods of the branch-managing ministries include:
The constituents, principal quality criteria, use and preservation instruction.
FOR THE MINISTER OF TRADE
VICE MINISTER
Luong Van Tu