Chương I Nghị định 89/2006/NĐ-CP nhãn hàng hoá: Những quy định chung

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.