Thông tư 05/2019/TT-BKHCN hướng dẫn Nghị định 43/2017/NĐ-CP về nhãn hàng hóa do Bộ trưởng Bộ Khoa học Công nghệ ban hành

CIRCULAR

PROVIDING DETAILS FOR A NUMBER OF ARTICLES OF DECREE NO. 43/2017/ND-CP DATED APRIL 14 2017 OF THE GOVERNMENT ON GOOD LABELS

Pursuant to Law on product and good quality dated November 21, 2007;

Pursuant to Decree No. 95/2017/ND-CP dated August 16 2017 by the Government defining the function, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 43/2017/ND-CP dated April 14 2017 of the Government on good labels;

At the proposal of General Director of the Directorate for Standards, Metrology and Quality and the Chief of the Department of Legal Affairs;

The Minister of Science and Technology promulgates a Circular providing details for a number of articles of Decree No. 43/2017/ND-CP dated April 14 2017 of the Government on good labels.

Chapter I.

GENERAL PROVISIONS

Article 1. Scope

This Circular provides details for a number of articles of Decree No. 43/2017/ND-CP dated April 14 2017 of the Government on good labels (hereinafter referred to as Decree No. 43/2017/ND-CP) as follows:

1. Clause 5 of Article 3; Article 4; Clauses 2 and 4 of Article 7, Clause 1,3 and 6 of Article 12; Clause 3 of Article 14; Clause 1 of Article 16; Clause 5 of Article 17;

2. Clauses 5 and 15 of Appendix I; Point 2 Clause 1, Point 3 Clause 2 of Appendix II; Clause 1 of Appendix III; Point 1 Clause 1 of Appendix IV;

Article 2. Regulated entities

This Circular applies to manufacturers and traders of goods in Vietnam; importers of goods; regulatory authorities; relevant organizations and individuals.

Chapter II.

LABEL CONTENTS AND PRESENTATION THEREOF

Article 3. Distinguishing consumer package and non-consumer package (Clause 5 Article 3 of Decree No. 43/2017/ND-CP)

1. The following types of containers are non-consumer:

a) Containers for storing, transporting, preserving goods which were labeled;

b) Bags for carrying purchased goods;

c) Containers for bulk goods or retailed goods.

2. In order to replace labels, the following types of containers shall have documents presenting the contents written in Vietnamese which are prescribed in Decree No. 43/2017/ND-CP and other related legislative documents: containers, cargo hold, tankers of bulk goods, liquid or gases.

For example: containers used in transporting aquatic products, such as containers (including containers containing single or various types of aquatic products in bulk, or in blocks with one or different sizes), cargo hold containing single or various types of seafood, tankers carrying unpackaged bulk or liquid cargoes;

In this case, such goods need not to be labeled but must have attached documents presenting the contents written in Vietnamese which are prescribed in Decree No. 43/2017/ND-CP and other related legislative documents.

In case the attached documents are written in languages other than Vietnamese, importers shall have Vietnamese translations of such documents.

Article 4. Location (Article 4 of Decree 43/2017/ND-CP)

1. Mandatory information of a label needs not to be fully presented thereon and can be put in other places of the goods, provided that such information can be recognized easily with bare eyes without having to disassemble any parts of the goods. Such mandatory information is an integral part of the goods’ label.

Example 1: the vehicle identification number (VIN) is embossed on a motorcycle’ chassis or on a car’s body; although this number is not presented in the same place with other mandatory information, it is recognized easily without having to disassemble parts of the vehicle, and it is considered an integral part of the goods’ label.

Example 2: the manufacturing date, the expiry date or the quantity of goods are printed at the bottom or on the body of the bottle; it is not presented in the same place with other mandatory information on the goods’ label but it is recognized easily, and it is an integral part of the goods’ label.

2. As for goods with primary and secondary containers:

In case the good has secondary package and contains smaller units inside which have primary package and cannot be sold individually, the label of such goods shall be printed on or affixed to its secondary package.

 In case the good has secondary package and contains smaller units inside which have primary package and can be sold individually, the label of such goods shall be printed on or affixed to both the primary and secondary package.

For example: A box of coffee that contains coffee sachets inside shall be labeled as follows:

- In case the full box is sold, the label shall be printed on or affixed to the box;

- In case the full box and its sachets are sold, both the box and each individual sachet must be labeled;

- In case a carton box contains properly labeled boxes of coffee and it can be opened to see such boxes, that the labeling of the carton box is not required.

3. In case the secondary package is made of transparent material which reveals information on the label of products inside, it is not required to be labeled.

Article 5. Language (Clause 2 and 4 Article 7 of Decree 43/2017/ND-CP)

1. The information presented on a label need not to be fully translated from Vietnamese to other languages. In case the information on the label is translated into other languages, the translation must not misinterpret the Vietnamese language.

2. Optional contents written on the label in another language must neither misinterpret the nature and uses of the goods nor cause misinterpretation of other contents shown on the label.

3. International names of countries or territories may be used in case they cannot be transcribed into Vietnamese or make no sense when they are transcribed into Vietnamese.

For example: Because Vietnamese transcriptions of Indonesia and Singapore make no sense, either the international names “Indonesia” and “Singapore” or their Vietnamese transcriptions “In-đô-nê-xi-a” and, “Xinh-ga-po” may be used. However, for some countries as Russia or Germany, their name must be translated as “Nga” or “Đức”

Article 6. Name and address of entity responsible for the good (clauses 1, 3 and 6 Article 12 of Decree 43/2017/ND-CP)

1. The names and addresses of entities responsible for the good on the label shall not be abbreviated, except for administrative units.

For example: X for "xã" (commune); P for "phường" (ward); H for "huyện" (district); Q for "quận" (urban district); TP for "thành phố" (city), T for "tỉnh" (province)

2. As for imported goods, both the name and address of the manufacturer and those of the importer shall be written on the label

In case products of the same brand are manufactured by several factories, the label of that product shall have the name and address of the entity owning such brand or the name and address of the entity being responsible for such products in Vietnam if permitted by the brand owner, provided that the manufacturing factory thereof is traceable when necessary and/or when requested by competent authorities and the origin of the product must be clearly written on the label.

3. The portioning or division of goods for packaging may be made with the manufacturer’s approval, provided that the quality of goods must be kept unchanged as declared by the manufacturer on the original label.

For example: goods may be portioned or divided for packaging according to signed contracts.

The label of portioned, extracted goods shall have the name and address of packaging entity and those of the manufacturer.

4. In case of goods assembled from parts which are imported and/or manufactured by domestic companies, their labels shall have the name and address of entities responsible for the finished goods, location of assembly and the origin of goods in accordance with regulations of law on tracing the goods’ origin.

Article 7. Manufacturing date, expiry date (Clause 3 Article 14 of Decree 43/2017/ND-CP)

The label of portioned, repackaged goods shall have the manufacturing date and expiry date in accordance with regulations prescribed in Appendix I attached to Decree 43/2017/ND-CP. The following contents must be presented:

a) The manufacturing date;

b) The fully written date of portioning, refilling and repackaging;

c) The expiry date.

Article 8. Ingredients (Clause 1 Article 16 of Decree 43/2017/ND-CP)

1. In case the name of an ingredient is presented on the label for attracting the attention for that product, the quantity of that ingredient must be presented; however, the quantity of such ingredient may be written in other place of the label.

2. In case the label of a product clearly indicates that the product does not contain or is free from one or several ingredients:

- Both the product and all materials used for manufacturing that product do not contain such ingredient(s);

- That product does not contain ingredients which are in the same group, have similar nature or uses with the ingredient(s) written on the label, unless the replacement of such ingredients is clearly indicated.

Example 1: A product shall have the label of “No sugar” if:

- There is no sugar on the components and ingredients of manufacturing;

- The amount of sugar on that product meets Codex standards for “No sugar”: lesser than or equal to 0,5g/100g (for solid products) or 0,5g/100ml (for liquid products);

Example 2: The label for a nutritious product for children who have allergy to cow’s milk protein, which has no cow’s milk protein but has soy protein, may have the phrase “No cow’s milk protein” but must clearly state that “Containing soy protein”.

3. In case the amount of an ingredient is prescribed in international treaties or standards to which Vietnam is a member, provisions of such international treaties or standards shall apply.

Article 9. Specifications, warnings (Clause 5 Article 17 of Decree 43/2017/ND-CP)

Entities being responsible for goods shall ensure that the printed amount of nutrients on labels meets the applied standards and complies with regulations of related laws.

In case of presenting a specific nutritional value, the mean value of such value shall be presented. The mean value on a product’s label is the average mass value of typical values which obtained from analyzing samples of that product.

Article 10. Genetically modified food (Clause 5 of Appendix I attached to Decree 43/2017/ND-CP)

Point e Clause 5 of Appendix I attached to Decree 43/2017/ND-CP applies to food containing genetically modified organism (GMO) and products of GMO that contain at least one genetically modified ingredient whose amount accounts for more than 5% of the total amount of ingredients used for manufacturing.

Article 11. Household chemicals (Clause 15 of Appendix I attached to Decree 43/2017/ND-CP)

Point e Clause 15 of Appendix I attached to Decree 43/2017/ND-CP applies to goods as household chemicals which require sale registration in accordance with regulations of specialized laws.

Article 12. Quantities (point 2 Clause 1 and point 3 Clause 2 of Appendix II attached to Decree No. 43/2017/ND-CP)

1. Units of volume written on labels include: liter (l), milliliter (ml), micro liter (μl).

For example: the volume of a bottle of water is 1000 ml, it shall be written on the label as follows: 1000 ml, 1 L or 1L.

2. As for goods in liquid form, the volume may be written as "net volume” or “net volume at 20°C”.

Article 13. Manufacturing date, expiry date (point 1 of Appendix III attached to Decree 43/2017/ND-CP)

As for imported goods with manufacturing and expiry dates are printed on the original label in letter format, enterprises may print the explanation for these letters on the supplementary label without reprinting such dates in number format.

For example: MFG 20 Jan 2020, EXP 20 Feb 2022 can be derived from the following explanation on the supplementary label: For manufacturing and expiry dates, please check the “MFG” and “EXP” on the package, Jan=01, Feb = 02... Dec =12.

Article 14. Ingredients and ingredient quantity (point 1 Clause 1 of Appendix IV attached to Decree No. 43/2017/ND-CP)

Point 1 Clause 1 of Appendix IV shall not apply to water which is used as solvent for glazing or preserving goods and disposed of after using products.

Chapter III

IMPLEMENTATION PROVISIONS

Article 15. Entry in force

1. This Circular takes effect on January 01 2021. Organizations, individuals and enterprises are encouraged to apply the provisions of this Circular before it is in force.

2. Circular No. 09/2007/TT-BKHCN dated April 06, 2007 by the Minister of Science and Technology guiding a number of articles of Decree No. 89/2006/ND-CP dated August 30, 2006 by the Government on good labels and Circular No. 14/2007/TT-BKHCN dated July 25, 2007 by the Minister of Science and Technology on amendments to some article of Circular No. 09/2007/TT-BKHCN shall be annulled when this Circular is in force.

Article 16. Implementation

1. The General Director of the Directorate for Standards, Metrology and Quality shall organize and provide guidance for the implementation of this Circular;

2. Difficulties that arise during the implementation of this Circular shall be promptly reported in writing to the Ministry of Science and Technology for guidance or amendment.

3. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, provincial Presidents of People’s Committees and related organizations, individuals and enterprises shall implement this Circular.