Chương II Nghị định 89/2006/NĐ-CP nhãn hàng hoá: Nội dung và cách ghi nhãn hàng hoá

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.