Nghị định 89/2006/NĐ-CP về nhãn hàng hoá

THE GOVERNMENT  -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 89/2006/ND-CP	Hanoi, August 30, 2006

 

DECREE

ON LABELING OF GOODS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the April 27, 1999 Ordinance on Protection of Consumer Interests;
Pursuant to the December 24, 1999 Ordinance on Goods Quality;
At the proposal of the Minister of Science and Technology,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. This Decree provides for contents, ways of presentation and state management of labels of goods circulated in Vietnam, exported and imported goods.

2. The following goods shall not be regulated by this Decree:

a/ Immovables;

b/ Goods temporarily imported for re-export; goods temporarily imported for re-export after participation in fairs or exhibitions; transited goods, goods transported from border gate to border gate;

c/ Gifts, presents; personal effects of persons on entry and exit; moving property.

Apart from the objects specified at Points a, b and c of this Clause, depending on the market development, the state management agency in charge of goods labeling shall propose additional ones.

Article 2.- Subjects of application

This Decree shall apply to organizations and individuals manufacturing and trading in goods in Vietnam; organizations and individuals exporting and importing goods.

Article 3.- Interpretation of terms

1. Goods label means written, printed, drawn or photocopied words, drawings or images which are stuck, printed, pinned, cast, embossed or carved directly on goods or their commercial packings or on other materials attached to goods or their commercial packings.

2. Labeling of goods means the presentation of necessary and principal contents about goods on their labels in order to help consumers identify the goods and serve as the basis for purchasers to select, consume and use such goods, and for manufacturers and traders to advertise their goods, and for functional agencies to conduct inspection and supervision.

3. Original label of goods means the initial label attached to goods.

4. Supplementary label means a label showing compulsory contents of the original label of goods translated from a foreign language into Vietnamese and additional compulsory contents in Vietnamese as required by law which do not yet appear on the original label.

5. Commercial packing of goods means packing containing goods and  circulated together with such goods.

Commercial packings of goods include holding packings and exterior packings:

a/ Holding packing means packing in direct contact with and directly holding goods, forming the shape of goods, or tightly covering goods by their shape;

b/ Exterior packing means packing used to cover one or several units of goods contained in holding packings.

6. Circulation of goods means activities of displaying, transporting or storing goods in the process of goods sale and purchase, except the transport of goods by importing organizations or individuals from the border gate to a storehouse.

7. Name and address of organization or individual responsible for goods means name and address of manufacturing or importing organization or individual or agent according to the business registration of the subjects stipulated in Article 14 of this Decree.

8. Quantity of goods means the quantity of goods expressed in net weight, net volume, actual size or the count of goods.

9. Date of manufacture means the point of time by which the manufacture, processing, assembly, bottling, packaging or another activity is completed as the last finishing stage of the goods.

10. Expiry date means the point of time beyond which the goods shall not be permitted for circulation.

11. Preservation period means the duration beyond which the goods shall not assure its original quality and usage value.    

12. Origin of goods means the country or territory where the whole goods is manufactured or the final processing stage is carried out for goods the manufacturing process of which involves the participation of many countries and/or territories.

13. Ingredients of goods means materials, including also additives, used for the manufacture of goods and existing in finished products, even when the form of such materials has been altered.

14. Ingredient quantity means the quantity of each kind of material, including additives, used for the manufacture of the goods.

15. Instructions on use, preservation means information about the use, necessary conditions for use and preservation of the goods; hazard warnings; and ways of dealing with hazardous incidents.

Article 4.- Application of treaties

In case treaties to which the Socialist Republic of Vietnam is a contracting party contain provisions different from those of this Decree, the provisions of such treaties shall apply.

Article 5.- Goods which require labels

1. Domestically circulated goods, imported and exported goods must have labels presented under the provisions of this Decree, except for cases specified in Clauses 2, 3 and 4 of this Article.

2. Goods which do not require labels:

a/ Goods which are raw and fresh foodstuffs, unpacked processed foodstuffs for sale directly to consumers;

b/ Goods which are unpacked fuels or materials (agricultural, aquatic or mineral), construction materials (bricks, tiles, lime, sand, rock, cement, colored earth, mortar, commercial concrete mixtures), scraps (discharged from production and business) for direct sale to consumers as agreed upon.

3. In case foreign organizations or individuals that import Vietnamese goods request the labeling of goods as stipulated in contracts for goods sale and purchase and take responsibility for their requests, exporting organizations or individuals shall comply with such requests as contracted, provided that such requests do not lead to misunderstanding of the substance of the goods and violate the laws of Vietnam and importing countries.

4. Goods in the domains of security and defense; goods which are radioactive substances, goods used in emergency circumstances to overcome disaster consequences, epidemics; means of transport by rail, water or  air; and goods which are confiscated by state agencies and put up for auction or liquidation shall be subject to separate regulations.

Specialized management ministries shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, issuing regulations on labeling of goods specified in this Clause.

Article 6.- Position of goods labels

1. Goods labels must be attached to goods or commercial packings thereof in a position where the compulsory contents of goods labels can be easily and fully noticeable without requiring detachment of the goods’ details or components.

2. In case it is disallowed or impossible to open exterior packings, labels containing all compulsory contents must be attached to exterior packings.

3. If compulsory contents cannot be fully presented on a label, then:

a/ Contents, including name of goods; name of organization or individual responsible for goods; quantity; date of manufacture; and origin of goods, must be shown on the label;

b/ Other compulsory contents must be presented in documents supplied together with the goods and the place where such information is presented must be indicated on the goods labels.

Article 7.- Size of goods labels

Organizations and individuals responsible for labeling goods shall determine by themselves the size of goods labels and, however, must ensure that such labels show all compulsory contents specified in Articles 11 and 12 of this Decree, which are easily readable by naked eyes.

Article 8.- Colors of letters, signs and images shown on goods labels

Colors of letters, numerals, drawings, images, marks and signs shown on goods labels must be clear. For compulsory contents as required, the color of letters and numerals must contrast with the label’s background color.

Article 9.- Languages used on goods labels

1. Compulsory contents of goods labels must be in Vietnamese, except the case specified in Clause 4 of this Article.

2. For goods domestically manufactured and circulated, their labels, apart from complying with the provisions of Clause 1 of this Article, may contain information in another language. Contents in another language must be similar to those in Vietnamese. The size of letters in another language must not be bigger than that of contents in Vietnamese.

3. If labels of goods imported into Vietnam do not contain or fully contain compulsory contents in Vietnamese, they shall be kept together with supplementary labels showing compulsory information in Vietnamese. Contents in Vietnamese must be similar to those of the original label.

4. The following contents may be presented in other languages of Latin origin:

a/ International names or scientific names of medicines for humane use, in case there are no corresponding Vietnamese names;

b/ International names or scientific names enclosed with chemical formulas or chemical composition formulas;

c/ International names or scientific names of ingredients or  ingredient quantities of goods, in case they cannot be translated into Vietnamese or their Vietnamese translations are meaningless;

d/ Names and addresses of foreign manufacturing or franchising enterprises.

Article 10.- Responsibility for goods labeling

Contents shown on goods labels, including supplementary labels, must be truthful, clear, precise and correctly reflect the substance of the goods.

1. For goods manufactured, assembled, processed or packaged in Vietnam for domestic circulation, their manufacturing organizations and individuals shall be responsible for goods labeling.

2. For goods manufactured or processed in Vietnam for export, exporting organizations and individuals shall be responsible for goods labeling.

In case goods cannot be exported and are returned for circulation in the country, organizations and individuals shall, before putting such goods into circulation, label them in accordance with the provisions of this Decree.

3. For goods imported into Vietnam with original labels unconformable with the provisions of this Decree, importing organizations and individuals shall make supplementary labels in accordance with the provisions of Clause 3, Article 9 of this Decree before putting such goods into circulation together with their original labels.      

Chapter II

CONTENTS AND WAYS OF LABELING OF GOODS

Article 11.- Compulsory contents which must be shown on goods labels

1. Goods labels must show the following information:

a/ Name of goods;

b/ Name and address of the organization or individual responsible for the goods;

c/ Origin of goods.

2. Apart from the information specified in Clause 1 of this Article, depending on the substance of each kind of goods, compulsory contents stipulated in Article 12 of this Decree and relevant specialized laws must be shown on labels.

Article 12.- Contents which must be shown on labels depending on the characteristics of goods:

1. Food:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date.

2. Foodstuffs:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredients or ingredient quantities;

e/ Hygiene and safety information, warnings.

f/ Instructions on use and preservation.

3. Drinks (excluding alcohol):

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredients or ingredient quantities;

e/ Hygiene and safety information, warnings;

f/ Instructions on use and preservation.

4. Alcohol:

a/ Volume;

b/ Ethanol content;

c/ Instructions on preservation (for wines).

5. Cigarettes:

a/ Quantity;

b/ Date of manufacture;

c/ Hygiene, safety and health information, warnings.

6. Food additives:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredient quantities;

e/ Instructions on use and preservation.

7. Medicines for human use:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredient quantities;

e/ Hygiene, safety and health information, warnings;

f/ Instructions on use and preservation (conditions).

8. Vaccines, biologicals for human use:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredient quantities;

e/ Hygiene, safety and health information, warnings;

f/ Instructions on use and preservation (conditions).

9. Pharmaceutical materials:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredient quantities;

e/ Instructions on preservation (conditions).

10. Medical supplies and equipment:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Composition or technical specifications;

e/ Hygiene, safety and health information, warnings;

f/ Instructions on use and preservation (conditions).

11. Cosmetics:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredient quantities;

e/ Hygiene, safety and health information, warnings;

f/ Instructions on use and preservation.

12. Chemicals for domestic human use:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredients or ingredient quantities;

e/ Hygiene, safety and health information, warnings;

f/ Instructions on use and preservation.

13. Feeds:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredient quantities;

e/ Instructions on use and preservation.

14. Veterinary drugs, vaccines and biologicals for animal health:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredient quantities;

e/ Hygiene, safety information and warnings;

f/ Instructions on use and preservation.

15. Veterinary drugs, biologicals for use in fishery:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredient quantities;

e/ Hygiene, safety information and warnings;

f/ Instructions on use and preservation.

16. Plant protection drugs:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Ingredient quantities;

e/ Hygiene, safety information and warnings;

f/ Instructions on use and preservation.

17. Plant seeds:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Instructions on use and preservation.

18. Animal seeds:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Instructions on use and preservation.

19. Aquatic seeds:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Instructions on use and preservation.

20. Children’s toys:

a/ Composition;

b/ Technical specifications;

c/ Hygiene, safety information and warnings;

d/ Instructions on use.

21. Textile, garment, leather and footwear products:

a/ Composition or quantitative compositions;

b/ Technical specifications;

c/ Hygiene, safety information and warnings;

d/ Instructions on use and preservation.

22. Plastic and rubber products:

a/ Quantity;

b/ Month of manufacture;

c/ Composition;

d/ Technical specifications;

e/ Hygiene, safety information and warnings.

23. Paper, cardboard, carton:

a/ Quantity;

b/ Month of manufacture;

c/ Technical specifications.

24. Teaching and learning aids:

a/ Quantity;

b/ Technical specifications.

25. Political, economic, cultural, scientific, educational and art publications:

a/ Publisher (manufacturer), printer;

b/ Name of author or translator;

c/ Publishing permit;

d/ Technical specifications (size, number of pages).

26. Musical instruments:

Technical specifications.

27. Sport and physical training tools:

a/ Quantity;

b/ Month of manufacture;

c/ Composition;

d/ Technical specifications;

e/ Use instructions.

28. Wood furniture:

a/ Composition;

b/ Technical specifications;

c/ Instructions on use and preservation.

29. Porcelain, ceramic and glass products:

a/ Composition;

b/ Technical specifications;

c/ Use instructions, preservation instructions.

30. Fine arts and handicrafts:

a/ Composition;

b/ Technical specifications;

c/ Instructions on use and preservation.

31. Domestic metal appliances:

a/ Composition;

b/ Technical specifications;

c/ Instructions on use and preservation.

32. Gold, silver, gems:

a/ Quantity;

b/ Quantitative composition or technical specifications.

33. Labor protection, fire prevention and fight equipment:

a/ Quantity;

b/ Month of manufacture;

c/ Expiry date;

d/ Composition;

e/ Technical specifications;

f/ Hygiene, safety information and warnings;

g/ Instructions on use and preservation.

34. Electric and electronic products:

a/ Quantity;

b/ Month of manufacture;

c/ Technical specifications;

d/ Safety information and warnings;

e/ Instructions on use and preservation.

35. Informatic, communication, post and telecommunications equipment:

a/ Year of manufacture;

b/ Technical specifications;

c/ Instructions on use and preservation.

36. Machines, mechanical equipment:

a/ Quantity;

b/ Month of manufacture;

c/ Technical specifications;

d/ Safety information and warnings;

e/ Instructions on use and preservation.

37. Measuring and testing machines, equipment and devices:

a/ Quantity;

b/ Month of manufacture;

c/ Technical specifications;

d/ Safety information and warnings;

e/ Instructions on use and preservation.

38. Metallurgical products:

a/ Quantity;

b/ Component quantities;

c/ Technical specifications.

39. Fishing gear:

a/ Composition;

b/ Technical specifications.

40. Cars:

a/ Model;

b/ Self weight;

c/ Tonnage;

d/ Vehicle identification number;

e/ Number of certificate of type approved;

f/ Year of manufacture.

41. Mopeds, motorcycles:

a/ Model;

b/ Self weight;

c/ Cylinder capacity;

d/ Number of certificate of type approved;

e/ Year of manufacture.

42. Special-use vehicles:

a/ Model;

b/ Technical specifications;

c/ Year of manufacture.

43. Bicycles:

a/ Year of manufacture;

b/ Technical specifications.

44. Spare parts of means of transport:

a/ Year of manufacture;

b/ Technical specifications.

45. Construction and interior decoration materials:

a/ Quantity;

b/ Technical specifications;

c/ Month of manufacture;

d/ Instructions on use and preservation.

46. Petroleum products:

a/ Quantity;

b/ Composition;

c/ Safety information and warnings.

d/ Instructions on use and preservation.

47. Detergents:

a/ Quantity;

b/ Month of manufacture;

c/ Ingredients or ingredient quantities;

d/ Hygiene, safety information and warnings;

e/ Instruction on use.

48. Chemicals:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Composition or composition quantities;

e/ Safety information and warnings;

f/ Instructions on use and preservation.

49. Fertilizers:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Composition or composition quantities;

e/ Safety information and warnings;

f/ Instructions on use and preservation.

50. Industrial explosives:

a/ Quantity;

b/ Date of manufacture;

c/ Expiry date;

d/ Composition or quantitative composition;

e/ Safety information and warnings;

f/ Instructions on use and preservation.

The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with specialized management ministries in, amending and supplementing compulsory contents of goods labels.

Article 13.- Names of goods

Names of goods shown on labels shall be given by goods manufacturing or trading organizations or individuals. Names of goods must not lead to misunderstanding about the substance and uses of goods.

In case the name of an ingredient is used as the name or part of the name of the goods, the quantity of such ingredient must be shown, except for the case specified in Clause 4, Article 18 of this Decree.

Article 14.- Names and addresses of organizations and individuals responsible for goods

Names and addresses of organizations and individuals responsible for goods shall be shown specifically as follows:

1. For domestically manufactured goods, their labels must show the name of the organization or individual and the address of the manufacturing establishment.

2. For goods imported for circulation in Vietnam, their labels must show the name and address of the manufacturing organization or individual and the name and address of the importing organization or individual.

3. 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 manufacturing organization or individual and the name and address of the organization or individual acting as agents to sell such goods.

4. For goods franchised or permitted by another organization or individual, their labels must, apart from complying with the provisions of Clauses 1, 2 and 3 of this Article, additionally show the name and address of the franchising or permitting organization or individual.

Article 15.- Quantity of goods

1. For goods with their quantities expressed in units of measurement, such units of measurement must comply with the provisions of the Vietnamese law on measurement.

2. For goods with their quantities expressed in quantity, such quantity must be expressed in cardinal numbers.

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

4. The ways of presenting goods quantities are stipulated in Appendix I to this Decree.

Article 16.- Date of manufacture, expiry date and preservation period

1. The date of manufacture, expiry date and preservation period of goods shall be presented in the order of date, month and year according to the calendar year.

Each number indicating the date, month or year shall consist of two numerals; the number indicating the year may consist of four numerals. The numbers indicating the date, month and year of a point of time must be presented on the same line.

In case the month of manufacture is required to be shown, it shall be shown in the order of month and year according to the calendar year.

In case the year of manufacture is required to be shown, the number indicating the year shall consist of four numerals indicating the year according to the calendar year.

2. For goods the labels of which must contain such compulsory contents as date of manufacture and expiry date or date of manufacture and preservation period as stipulated in Article 12 of this Decree, if such labels have shown the date of manufacture as stipulated in Clause 1 of this Article, the expiry date and preservation period shall be permitted to be expressed in a length of time starting from the date of manufacture.

3. Goods with their points of time shown in ways different from those stipulated in Clause 1 of this Article are listed in Appendix II to this Decree.

Article 17.- Origin of goods

Origin of goods shall be shown as follows: The words “Produced at” or “Manufactured at” or the word “origin” shall be followed by the name of the country or territory where the goods are made.

For goods manufactured in Vietnam for domestic circulation, if the address of the place where the goods are manufactured has been shown, the origin of goods shall not be required to be shown.

Article 18.- Ingredients, ingredient quantities

1. Ingredients to be shown shall include names of materials, including additives which are used in the manufacture of goods and exist in finished products, even when the form of such materials has been altered.

If 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.

2. Ingredient quantities to be shown 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.

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

a/ For foodstuffs, their ingredients must be presented in the order of high to low weight;

For additives, the name of the category of additives and the name of the additive and international code (if any) must be shown; for additives which are flavorings, sweeteners or colorings, apart from the above-mentioned contents, whether such additives are “natural” or “synthetic” must be indicated;

b/ For medicines for human use, vaccines, medical bio-products, biologicals, veterinary drugs and plant protection drugs, the composition 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 shown in ways different from those stipulated in Clause 3 of this Article are included in Appendix III to this Decree.

Article 19.- Technical specifications, hygiene and safety information and warnings

1. For electric and electronic goods, machines and equipment, their basic technical specifications must be shown.

2. Medicines for human use, vaccines, medical bio-products, biologicals, veterinary drugs and plant protection drugs, the following must be shown:

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 medicine according to current regulations.

3. 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.

4. For goods or goods ingredients which have been x-rayed or genetically modified, their labels shall be presented in accordance with treaties to which Vietnam is a contracting party.

5. Technical specifications, information and warnings on hygiene and safety of goods which are presented in ways different from those stipulated in Clauses 2 and 3 of this Article are included in Appendix IV to this Decree.

Article 20.- Other contents of goods labels

Organizations and individuals responsible for goods may print other contents on goods labels. Such additional contents must not contravene the laws and must be truthful, precise and true to the substance of goods, not conceal or lead to misunderstanding of the compulsory contents of the labels.

Chapter III

STATE MANAGEMENT RESPONSIBILITIES FOR GOODS LABELS

Article 21.- Responsibilities of the Ministry of Science and Technology

The Ministry of Science and Technology shall take responsibility to the Government for performing the unified state management of goods labeling nationwide with the following specific tasks:

1. Drafting and submitting to competent state agencies for promulgation or promulgating according to its competence legal documents on goods labeling;

2. Disseminating and propagating policies and laws, organizing professional guidance and training in goods labeling.

3. Supervising and inspecting the observance of legal documents on goods labeling. Assuming the prime responsibility for settling and handling violations of goods labeling.

4. Stipulating the announcement of goods labels.

5. Organizing the building and management of a database on goods labels.

The General Department of Standardization, Metrology and Quality Control under the Ministry of Science and Technology shall assist the Minister of Science and Technology in performing the state management of goods labeling.

Article 22.- Responsibilities of ministries, ministerial-level agencies and government-attached agencies

Ministries, ministerial-level agencies and government-attached agencies shall, according to their respective competence, have to coordinate with the Ministry of Science and Technology in performing the state management of goods labeling.

Basing themselves on the goods under their management, ministries, ministerial-level agencies and government-attached agencies shall guide in detail contents and ways of presentation of labels after consulting the Ministry of Science and Technology.

Article 23.- Responsibilities of provincial/municipal People’s Committees

Provincial/municipal People’s Committees shall, within the scope of their tasks and powers, perform the state management of goods labeling in localities.

Chapter IV

HANDLING OF VIOLATIONS OF GOODS LABELING

Article 24.- Competence to handle violations of goods labeling

People’s police, customs, market management, goods quality management and specialized inspection and other agencies shall, within the scope of their assigned functions, tasks and powers, shall, when detecting law-breaking acts related to goods labeling, have the right to handle such acts according to current provisions of law.

Article 25.- Handling of violations committed by production, trading, agency, importing and exporting organizations and individuals

Organizations and individuals violating the provisions of law on goods labeling shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they shall have to pay compensations therefor according to the provisions of law.

Article 26.- Handling of violations committed by organizations and individuals of state management agencies

Those who abuse their positions and powers to hinder lawful activities or violate the law on goods labeling shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they shall have to pay compensations therefor according to the provisions of law.    

Article 27.- Settlement of complaints and denunciations

Competent organizations and individuals shall have to settle complaints and denunciations related to goods labeling in accordance with the provisions of law on complaints and denunciations and goods labeling, and other relevant provisions of law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 28.- Implementation effect

1. This Decree shall take effect six months after its publication in “CONG BAO.”

2. The Prime Minister’s Decision No. 178/1999/QD-TTg of August 30, 1999, promulgating the Regulation on labeling of domestically circulated goods and exported and imported goods, and Decision No. 95/2000/QD-TTg of August 15, 2000, adjusting and supplementing a number of contents of the Regulation on labeling of domestically circulated goods and exported and imported goods, issued together with the Prime Minister’s Decision No. 178/1999/QD-TTg of August 30, 1999, shall cease to be effective as from the effective date of this Decree.

3. Goods which have labels presented under the Prime Minister’s Decision No. 178/1999/QD-TTg of August 30, 1999, and Decision No. 95/2000/QD-TTg of August 15, 2000, and were put into circulation on the market before the effective date of this Decree shall be permitted for continued circulation.

Article 29.- Implementation responsibility

1. The Minister of Science and Technology shall have to guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of People’s Committees of provinces and centrally run cities shall have to implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung

 

APPENDIX I

REGULATIONS ON WAYS OF PRESENTATION OF GOODS QUANTITIES
(Issued together with the Government’s Decree No. 89/2006/ND-CP of August 30, 2006)

Ordinal number	State, form or category of goods	Way of presentation
1	- Solid or gaseous goods.	- Net weight.
	- Mixed solid and liquid goods.	- Net mixed weight and weight of solid substances.
	- Goods being compressed gas.	- Net weight of compressed gas and net weight of pressurized containers (or net weight of compressed gas and aggregate weight of compressed gas and pressurized container).
2	- Pasty goods.	- Net weight or volume.
	- Pasty goods contained in sprayers.	- Net weight of both pasty and pressurizing substance.
3	- Liquid goods.	- Net volume at 200C.
	- Liquid goods contained in sprayers.	- Net volume at 200C, including both liquid and pressurizing substances.
4	Medicines for human use; veterinary drugs; plant protection drugs:
	- In pellets.	- Quantity of pellets, weight per pellet.
	- In powder.	- Net weight.
	- In liquid form.	- Net volume.
	- Sexual stimulants for fish.	- International unit.
5	Plant seeds:
	- Seeds.	- Net weight.
	- Seedlings.	- Seedling.
6	Aquatic seeds:
	- Artermia eggs.	- Net weight (g).
	- Unicellular plant seeds.	- Quantity of cells.
	- Multicellular plant seeds.	- Net weight.
7	Goods which are articles of different	Sizes of surface: length and width or diameter or
	sizes of their surface	diagonal.
8	Goods in sheet form arranged in plates.	Thickness, area or length x width of a plate.
9	Goods in sheet form arranged in rolls.	Thickness, width of sheet and length or net weight of a roll.
10	Goods in fibers or bars.	Section or equivalent parameters (parameters inferable from such section) and length or net weight of fiber or bar.
	- For fibers or bars made of smaller fibers.	- Section/fiber, quantity of fibers and length or net weight of fiber or bar should be shown.
	- For covered fibers or bars.	- Thickness of cover should be added.
11	Pipelines.	Outer and inner diameters or thickness and length of pipelines.
12	Fishing nets.	Stretched length, stretched width or number of meshes by length and net weight.
13	Machines, equipment, tools, appliances	Sizes of the mass of products or goods.

 

APPENDIX II

REGULATION ON OTHER WAYS OF PRESENTATION OF POINTS OF TIME FOR GOODS
(Issued together with the Government’s Decree No. 89/2006/ND-CP of August 30, 2006)

Category of goods	Goods items	Way of presentation
Food	Agricultural products, grains	Harvest or date of packing
Medicines for human use	Medicines for human use.	Date of start of manufacture.
	- For medicines prepared according to prescriptions.	- The date of preparation should be additionally shown.
Plant protection drugs	Plant protection drugs.	Date of processing or bottling or packing.
Plant seeds; animal breeds	Plant seeds, animal breeds	Date of ex-work or delivery for sale.
	Artermia eggs	Date of canning.
Petroleum products	Accompanying gas and other hydrocarbon gases	Date of ex-work inspection

 

APPENDIX III

REGULATION ON OTHER WAYS OF PRESENTATION OF INGREDIENTS AND INGREDIENT QUANTITIES OF GOODS

(Issued together with the Government’s Decree No. 89/2006/ND-CP of August 30, 2006)

Category of goods	Goods items	Way of presentation
Foodstuffs	Aquatic foodstuffs: if added with other materials, foodstuff additives.	Ingredient quantities of other materials and foodstuff additives should be additionally shown.
Foodstuff additives	Foodstuff additives.
	- If there are two or more additives in a single pack.	- All the weights of additives should be shown in the order of their ratios.
Animal feeds	Aquatic animal feeds.	Principal ingredient quantities.
	- If added with non-nutrients.	- Ingredients of non-nutrients should be additionally shown.
	- For synthetic feeds.	- Protein, lipid, ash contents, fiber, humidity and absorbability levels should be additionally shown.
	- For supplementary feeds.	- Contents of supplementary substances should be additionally shown.
Pharmaceutical materials	Pharmaceutical materials.	Content or concentration of active substances.
Veterinary drugs, vaccines and biologicals used in veterinary medicine	Veterinary drugs.	Ingredients, ingredient quantities of active substances.
Veterinary drugs and biologicals used in aquaculture	Aquatic resource protection drugs.	Composition formula or composition.
Plant protection drugs	Plant protection drugs.	Ingredient quantities of main active substances, content of solvent (if solvents increase toxicity or physic nature).
Textile, garment, leather and footwear products	Garments.	Principal ingredient quantity of material.
	- For multi layers.	- Principal ingredient quantity of each layer should be additionally shown.
Wood furniture	- Sawn timber of the same species of tree.	- Name of species.
	- Sawn timber of different species of trees.	- Category of timber.
	Household wood products	- Name of timber.
Metallurgical products	- Steel.	- Steel mark.
	- Metal.	- Category and purity (% of metal).
	- Ores	- Ore content (% of weight)
Petroleum products	Accompanying gas and other hydrocarbon gases	Gas composition (% of volume).
Chemicals	Chemicals.	Chemical formula, composition formula, composition.
	- For chemicals contained in pressurized containers	- Containing capacity should be additionally shown.
Fertilizers	Fertilizers	Ingredient quantity.
Industrial explosives	Industrial explosives	Principal ingredient quantity affecting the usage value.

 

APPENDIX IV

REGULATION ON OTHER WAYS OF PRESENTATION OF TECHNICAL SPECIFICATIONS AND HYGIENE AND SAFETY INFORMATION AND WARNINGS OF GOODS
(Issued together with the Government’s Decree No. 89/2006/ND-CP of August 30, 2006)

Category of goods	Goods items	Way of presentation
Foodstuffs additives	Foodstuff additives.	- The phrase “Used for foodstuff” should be shown.
Veterinary drugs, vaccines and biologicals used in veterinary medicine	Veterinary drugs.	Main effects, side effects, registration number, manufacture lot number and the phrase “Only for veterinary use” should be additionally shown.
	- For schedule-A toxic substances.	- The phrase “Do not overuse prescribed dosage” (in black) should be additionally shown.
	- For schedule-B toxic substances.	- The phrase “Do not overuse prescribed dosage” (in red) should be additionally shown.
	- For drugs for external use.	- The phrase “For external use only” (in black) should be additionally shown.
Plant protection drugs	Plant protection drugs.	Use registration number, quality control number (KCS), information on toxicity, warnings and instructions on prevention of intoxication, instructions on treatment upon intoxication.
Plant seeds; animal breeds, aquatic seeds	Seedlings subject to grade classification	The grade of seedlings should be shown.
	Aquatic plant seeds	Length, diameter of main trunk, growth stage.
	Animal breeds.	Grade of breed, yield indicator typical of the breed.
	- For egg-oriented poultry.	- The egg yield per year should be additional shown.
	- For meat-oriented poultry.	- The gained weight per unit of time should be additionally shown.
	- For pork-oriented pigs.	- The weight gain capability, amount of feeds and thickness of back fat should be additionally shown.
	- For sows.	- Number of piglets per brood and number of broods per year should be additionally shown.
	Aquatic animal species:
	- Reared species.	- Number of age days, length of breeding animals.
	- Artermia eggs.	- Quantity of eggs per gram, ratio of hatched eggs (%).
	Parental breeds.	- Weight (g), reproductive stage.
Metallurgical products	- Alloy	- Typical indicators for identification, which are decisive to the use purpose.
Fishing gear	- Fishing nets.	- Color, fineness (tex), strength (N), mesh size.
	- Fishing yarns and ropes.	- Diameter, fineness (tex), strength (N) twistedness (twists/m).
Chemicals	Chemicals.	Typical quality indicators.
	- For chemicals which are inflammable, toxic, corrosive.	- Relevant warnings should be shown.
	- For chemicals contained in pressurized containers.	- The code of container, containing capacity, loading person and hazard warnings should be additionally shown.
Fertilizers	Fertilizers.
	- For micro-organic fertilizers.	- The category and quantity of microorganisms should be additionally shown.
Industrial explosives	Industrial explosives	Principal quality indicators and usability in industrial activities.