Chương II Nghị định 43/2017/NĐ-CP về nhãn hàng hóa: Nội dung và cách ghi nhãn hàng hóa

Chapter II

LABEL CONTENTS AND PRESENTATION THEREOF

Article 10. Mandatory information to be shown on label

1. Mandatory information to be shown on a label:

a) Name of goods;

b) Name and address of entity responsible for the goods;

c) Origin of goods;

d) Other details in conformity with the nature of the goods prescribed in Appendix I of this Decree and relevant legislative documents.

2. If the goods acquiring any part of nature appropriate to multiple groups in the Appendix I or not governed by any regulation in legislative documents, the entity responsible for the goods shall, according to the primary use of the goods, self-identify the suitable group for the goods for inserting the information prescribed in Point d Clause 1 of this Article.

3. If the surface area of the goods is insufficient enough for all mandatory information on the label, the information prescribed in Points a, b, and c Clause 1 of this Article shall be given priority, the information prescribed in Point d Clause 1 of this Article shall be shown in the booklet of the goods to which the label shall clearly indicate.

In case of the goods being medical equipment, the representation of the information prescribed in Point d Clause 1 of this Article shall be consistent with Appendix I of this Decree.

Article 11. Name of good

The name of the goods shall be put in the noticeable and legible place on the label.

The name of goods shall be shown in the biggest size in comparison with other mandatory information on the label.

The name presented shall be named by the manufacturer. The name may not mislead the nature, use, and ingredients of the goods.

If the goods is wholly or partly named after an ingredient therein, the ingredient’s quantity shall be presented, except for the case prescribed in Clause 4 Article 13 of this Decree.

Article 12. Name and address of entity responsible for the good

1. The name and address of the entity on the label shall not be abbreviated.

2. For domestically manufactured goods, their labels must show the name of the entity and the address of the manufacturer.

a) The manufacturer being a member of a company, general company, group, union, and another organization shall be entitled to bear name or name and address, and other information of such organization on the label with its consent.

b) In case of goods with same brand name to be manufactured in multiple manufacturers, the entity responsible for the goods is entitled to label its name and address provided that the quality of goods is considered conformable with quality standards which has been declared or registered for circulation and the traceability is guaranteed.

3. For goods imported for circulation in Vietnam, their labels must show the name and address of the manufacturer and the name and address of the importer.

In case of goods being medical equipment imported for circulation in Vietnam, their labels must show the name and address of the manufacturer together with its origin and the name and address of the owner of registration number.

4. For goods imported into Vietnam by organizations or individuals acting as sale agents directly for foreign traders, their labels must show the name and address of the manufacturer and the name and address of the organization or individual acting as agents to sell such goods.

5. For goods of which the label has been franchised out, apart from the information prescribed in Clauses 2, 3 and 4 of this Article, the name and address of the franchisor are also required.

6. With regard to entity engaging in assembly, packing, or bottling, the name and address of such entity shall be presented, and the name or name and address and other information of the manufacturer shall also be presented before the assembly, packing, or bottling with the consent of the manufacturer.

Article 13. Quantities

1. If quantity of the goods is expressed as a unit of measurement, the quantity shall be presented as prescribed in Vietnam’s law on measurement.

2. If quantity of the goods is expressed as a numerical count, the quantity shall be presented according to natural numbers.

3. In case there are different units of goods contained in a commercial container, the quantity of each unit of goods and the aggregate quantity of all units of goods must be shown.

4. If an additive is used for giving color, fragrance, flavor which are enclosed with the name of the goods, its quantity is not required to be presented.

5. If the name of an extract/essence from natural materials is enclosed with the name of the goods, the ingredient quantity of the extract, essence; or the equivalent material quantity to be used for obtaining such an amount of the extract/essence shall be presented.

6. The presentation of quantities on goods labels shall comply with Appendix II of this Decree.

Article 14. Date of manufacture, expiry date

1. Date of manufacture, expiry date shall be written in the "dd-mm-yy(yy)" format (according to solar calendar). If it is presented in another order, such date must be noted in Vietnamese.

Each number indicating the date, month, and year shall be written in two digits, the number indicating the year may particularly be written in four digits. The number indicating date, month, and year of a point of time shall be presented in the same line.

Month of manufacture, if required, shall be written in the “mm-yy(yy)” format (according to solar calendar).

Year of manufacture, if required, shall be written in the “yyyy” format (according to solar calendar).

“date of manufacture", “expiry date” shall be fully presented or abbreviated in capital letters as follows: ”NSX", “HSD” or “HD" (“MFG” or “EXP”).

2. If the date of manufacture and expiry date must be presented as prescribed in Appendix I of this Decree while the date of manufacture has been printed on the label as prescribed in Clause 1 of this Article, the permitted expiry date is the period of time beginning from the date of manufacture and otherwise the expiry date has been printed on the label, the permitted date of manufacture is the period of time before the expiry date.

3. If the goods has been portioned, extracted, refilled, or repacked, the respective date must be presented and the expiry date shall begin from the date of manufacture and be shown on the original label.

4. The presentation of date of manufacture and expiry date shall be specified in Section 1 Appendix III of this Decree.

The goods that are presented in the manners other than those prescribed in Clause 1 of this Article shall be consistent with Section 2 Appendix III of this Decree.

Article 15. Origin

1. Manufacturers and importers shall self-identify and label the origin of goods truthfully, accurately, and consistently with law on origin of goods or agreements to which Vietnam has acceded or signed.

2. Labeling of origin of goods: Labeling the goods with “produced in” or “manufactured in”, “made in”, “origin” or produced by” and the country’s name or region from which the goods is produced.

The country’s name or region from which the goods is produced shall not be abbreviated forms.

Article 16. Ingredients, ingredient quantities

1. Ingredients to be presented shall include names of materials, including additives which are used in the manufacture and present in the final product although possibly in a modified form.

If the names of ingredients are shown on labels of goods for the purpose of attracting attention to the goods, the quantities of such ingredients must be shown, except for the case prescribed in Clause 4 Article 13 of this Decree.

2. Ingredient quantities to be presented shall include ingredients together with the quantity of each ingredient. Depending on the nature and state of goods, ingredient quantity shown may be the weight of such ingredient per unit of product or one of these ratios: weight to weight; weight to volume; volume to volume, percentage of weight; or percentage of volume.

If quantities of the goods' ingredients are expressed as units of measurement, the quantities shall be presented in accordance with Vietnam's law.

3. For certain kinds of goods, ingredients and ingredient quantities shall be presented as follows:

a) For foodstuffs, their ingredients must be listed in descending order predominance by weight.

For additives, the name of the category of additives and the name of the additive and International Numbering System - INS (if any) must be presented; for additives which are flavorings, sweeteners or colorings, apart from the above-mentioned contents, whether such additives are “natural”, “nature-identical”, “synthetic”, or “artificial” must be listed;

b) For drugs for human use, vaccines, medical bio-products, biologicals, veterinary drugs and plant protection drugs, the ingredients and content of active elements must be shown;

c) For cosmetics, their ingredients, including additives, must be shown;

d) For domestic metal appliances and articles created from a principal material which determines their usage value, the names of ingredients of the principal material shall be shown together with the name of the goods but the goods’ ingredients or ingredient quantities are not required to be shown.

4. Ingredients or ingredient quantities of goods which are presented in ways different from those stipulated in Clause 3 of this Article are included in Appendix IV to this Decree.

Article 17. Specifications, warnings

1. Specifications and tolerance thereof (if any), warnings must be consistent with relevant law provisions. In case of unavailability of specific law provisions, the entity responsible for labeling shall self-identify the specifications, tolerance thereof and warnings of the goods. The warnings shall be presented in forms of letters, pictures, or symbols in conformity with international practice and relevant regulations.

The tolerance range to be presented shall be consistent with relevant law provisions and applied standards. If tolerance is presented with a specific value, it may not be shown in such a manner that gives advantages to the goods.

2. Electrical or electronic appliances, machinery and equipment must be presented with essential specifications.

3. Drugs for human use, vaccines, medical bio-products, biologicals must be presented with:

a) Indications, uses and contraindications (if any) of medicines;

b) Registration number, import permit, manufacture lot batch, preparation form and packing specifications;

c) Signs which should be taken into account for each kind of drug according to current regulations.

4. Veterinary drugs, plant protection products shall be presented with:

a) Indications, uses and contraindications (if any) of medicines;

b) Registration number, manufacture lot batch, preparation form and packing specifications;

c) Signs which should be taken into account for each kind of drug according to current regulations.

5. For foodstuff to be presented with nutritional value, the entity responsible for the goods shall label the range of nutritional value in accordance with relevant law provisions and applied standards. If a specific value is required, the mean value of nutritional value shall be presented.

6. For ingredients or substances in compound ingredients of goods of special categories which contain preservatives with prescribed dosage and included on the list of those which may be allergic or harmful to humans, animals and the environment, the names of preservatives accompanying these ingredients must be shown.

7. For goods or goods ingredients which have been irradiated or genetically modified, their labels shall be presented in accordance with regulations of law and treaties to which Vietnam is a contracting party.

8. Specifications; warnings of the goods to be presented in a manner other than those prescribed in this Article shall be presented in accordance with Appendix V of this Decree and relevant law provisions.

Article 18. Other information to be presented

1. The entity responsible for the goods may label codes, bar codes, standard marks, regulation marks and other information (if any). Such additional information must not contravene the laws and must be truthful, precise and true to the substance of goods, not conceal or mislead the mandatory information on the label.

2. A label may not represent any picture or information relating to sovereignty dispute and other sensitive information which may affect security, politics, economy, society, diplomatic relations, and find tradition of Vietnam.

Article 19. Mandatory information regarding goods to be packaged simply, goods in bulk without commercial containers

For goods to be packaged simply, goods in bulk which are food additives, chemicals, without commercial containers to be sold directly to consumers, sellers shall make public the following information:

1. Name of goods;

2. Expiry date;

3. Safety warning (if any);

4. Name and address of entity responsible for the goods;

5. Instructions for use.