Thông tư 10/2020/TT-BKHCN hướng dẫn Nghị định 132/2008/NĐ-CP và 74/2018/NĐ-CP

CIRCULAR

ELABORATING GOVERNMENT’S DECREE NO. 132/2008/ND-CP DATED DECEMBER 31, 2008 AND DECREE NO. 74/2018/ND-CP DATED MAY 15, 2018 ON USE OF ARTICLE NUMBERS AND BARCODES

Pursuant to the Law on Technical Regulations and Standards dated June 29, 2006;

Pursuant to Law on Product and Goods Quality dated November 21, 2007;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 detailing the implementation of a number of Articles of the Law on Product and Goods Quality and the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 amending some Articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008;

Pursuant to the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016 prescribing conditions for provision of conformity assessment services and the Government’s Decree No. 154/2018/ND-CP dated November 09, 2018 amending a number of regulations on investment and business conditions in sectors under management of Ministry of Science and Technology and certain regulations on specialized inspections.

Pursuant to the Government’s Decree No.45/2020/ND-CP dated April 08, 2020 on administrative procedures by electronic means;

Pursuant to the Government’s Decree No. 95/2017/ND-CP dated August 16, 2017 on functions, tasks, powers and organizational structure of the Ministry of Science and Technology;  

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

The Minister of Science and Technology hereby promulgates a Circular elaborating the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 and Decree No. 74/2018/ND-CP dated May 15, 2018 on use of article numbers and barcodes.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates use of article numbers and barcodes mentioned in the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 detailing the implementation of a number of Articles of the Law on Product and Goods Quality and the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 amending some Articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008.

Article 2. Regulated entities

This Circular is applicable to:

1. Organizations and individuals involved in business operations and services using article numbers and barcodes.

2. Providers of services and solutions related to article numbers and barcodes.

3. Regulatory bodies and other organizations and individuals involved in use of article numbers and barcodes.

Article 3. Definitions

In this Circular, the terms below are construed as follows:

1. “article number” means a set of numbers or letters used to identify a product, service, location, organization or individual;

2. “barcode” means a method for storage and transmission of information contained in an article number using linear symbols (one-dimensional barcode); set of points (Data Matrix, QRcode, PDF417 and other two-dimensional barcodes); radio-frequency identification (RFID) and other identification technologies;

3. “GS1” stands for the international article number and barcode organization that formulates and promulgates international standards for article numbers and barcodes, regulates management and use thereof and provides relevant services. GS1 has member organizations in countries around the world. GS1 Vietnam is the representative of GS1 in Vietnam.

4. “893” is Vietnam’s GS1 country code assigned to GS1 Vietnam by GS1.

5. “company prefix” means a set of numbers that includes the country code and the identification code of the enterprise or individual having applied for an article number and barcode;

6. “Global Location Number” (GLN) means a set of numbers that includes the company prefix and GS1-compliant location identifier;

7. “Global Trade Item Number” (GTIN) means a set of numbers that includes the company prefix and GS1-compliant product identifier;

8. “electronic form” means an electronic administrative form or declaration;

9. “electronic copy” means an electronic photocopy or computer file of a physical document that fully contains the exact contents written in the master register or the physical document.

Chapter II

USE OF ARTICLE NUMBERS AND BARCODES

Section 1. RESPONSIBILITIES OF ARTICLE NUMBER AND BARCODE USERS

Article 4. Responsibilities of users of article numbers and barcodes containing Vietnam’s country code 893

1. Comply with regulations in Clause 1 Article 19b of Decree No. 132/2008/ND-CP, which are amended in Clause 9 Article 1 of Decree No. 74/2018/ND-CP.

2. Apply for article numbers and barcodes at the single-window unit of Directorate for Standards, Metrology and Quality or online via the national public service portal or public service portal of the Ministry of Science and Technology.

3. After being granted the company prefix, each user shall declare, update and provide the following basic information for the database managed by Directorate for Standards, Metrology and Quality (national article number and barcode authority) at http://vnpc.gs1.gov.vn:

a) GTIN;

b) Product name and make;

c) Product description;

d) Product group (products with similar properties);

dd) Enterprise name; 

e) Target market;

g) Product images.

4. Write/ Print article numbers and barcodes on packaging of products and goods in accordance with ISO/IEC 15426-1 and ISO/IEC 15426-2 standards or equivalent national standards.

After being granted the certificate of article number/ barcode use rights, any user wishing to confirm compliance of article number and barcode quality with ISO/IEC 15426-1 and ISO/IEC 15426-2 standards or equivalent national standards shall follow the technical guidelines of Directorate for Standards, Metrology and Quality.

5. Not use article numbers and barcodes for purposes different from registered information.

Article 5. Responsibilities of users of article numbers and barcodes not compliant with GS1 standards

1. Users of article numbers and barcodes not compliant with GS1 standards shall abide by regulations in Clause 3 Article 19b of Decree No. 132/2008/ND-CP, which are amended in Clause 9 Article 1 of Decree No. 74/2018/ND-CP.

2. Directorate for Standards, Metrology and Quality shall provide guidelines on technical requirements necessary for users of article numbers and barcodes not compliant with GS1 standards that are not contrary to the regulation in Clause 1 of this Article.

Section 2. GUIDELINES FOR PROCEDURES FOR ISSUANCE OF CERTIFICATES OF ARTICLE NUMBER/ BARCODE USE RIGHTS

Article 6. Guidelines for procedures for issuance of certificates of article number/ barcode use rights

1. Certificates of article number/ barcode use rights may be issued to the following entities:

a) Organizations and individuals yet to apply for article numbers and barcodes;

b) Holders of certificates of article number/ barcode use rights wishing to be issued with a new certificate in the following cases:

b1) They have used all granted article numbers;

b2) They apply for more GLNs;

b3) Their certificates of article number/ barcode use rights are revoked but they are eligible for reissuance as per the law;

b4) Their certificates of article number/ barcode use rights have expired.

2. Certificates of article number/ barcode use rights may be reissued to the following entities:

Holders of unexpired certificates of article number/ barcode use rights when the certificates are lost or damaged or there is change to holder’s name or address.

3. Applicants shall submit their applications to the single-window unit of Directorate for Standards, Metrology and Quality or by post to Directorate for Standards, Metrology and Quality, comply with regulations in Article 19c of Decree No. 132/2008/ND-CP, which are amended in Clause 9 Article 1 of Decree No. 74/2018/ND-CP, and make declarations according to regulations in Clause 3 Article 4 herein.

4. Validity period of certificates

a) Certificates of article number/ barcode use rights newly issued shall be valid for no more than 3 years starting from the issuance date according to regulations in Point a Clause 3 Article 19c of Decree No. 132/2008/ND-CP, which are amended in Clause 9 Article 1 of Decree No. 74/2018/ND-CP.

b) Certificates of article number/ barcode use rights reissued shall have the same validity period as the old certificates.

Section 3. ADMINISTRATIVE PROCEDURE SIMPLIFICATION AND COST REDUCTION VIA INFORMATION TECHNOLOGY APPLICATION

Article 7. Guidelines for procedures for issuance of certificates of article number/ barcode use rights via information technology application

1. The applicant for article number and barcode shall submit an online application via the national public service portal or public service portal of the Ministry of Science and Technology.

a) An application for issuance of certificate of article number/ barcode use rights includes:

a1) Electronic application form with digital signature made using Form No. 12 in the Appendix to Decree No. 74/2018/ND-CP;

a2) Electronic copy of enterprise registration certificate or investment registration certificate or establishment decision or equivalent document.

b) An application for reissuance of certificate of article number/ barcode use rights includes:

b1) Electronic application form with digital signature made using Form No. 13 in the Appendix to Decree No. 74/2018/ND-CP;

b2) Electronic copy of enterprise registration certificate or investment registration certificate or establishment decision or equivalent document for case of change to name or address and issued certificate of article number/ barcode use rights (unless it is lost).

2. The applicant shall pay application and maintenance fees via the online payment function when submitting their application as per the law.

3. The applicant shall declare the information mentioned in Clause 3 Article 4 of this Circular.

4. Procedures for issuance of certificates of article number/ barcode use rights

a) Procedures for issuance of certificates of article number/ barcode use rights:

a1) If the application for issuance is not adequate as per regulations, within 01 working day from the date of receipt of the application, the national article number and barcode authority affiliated to Directorate for Standards, Metrology and Quality shall notify the applicant for amendment via the national public service portal, public service portal of the Ministry of Science and Technology or information channel of the applicant. The applicant shall amend the application within 05 working days from the date of notification;

a2) If the application for issuance is adequate and valid and the applicant has paid required fees, within 10 days, Directorate for Standards, Metrology and Quality shall issue an electronic certificate of article number/ barcode use rights to the applicant using Form No. 14 in the Appendix to Decree No. 74/2018/ND-CP;

a3) If the applicant submits an online application but wishes to be issued with a physical certificate of article number/ barcode use rights, within 15 days after the date on which an adequate and valid application is received and the applicant pays required fees, Directorate for Standards, Metrology and Quality shall issue the physical certificate of article number/ barcode use rights to the applicant using Form No. 14 in the Appendix to Decree No. 74/2018/ND-CP;

a4) Certificates of article number/ barcode use rights newly issued shall be valid for no more than 3 years starting from the issuance date according to regulations in Point a Clause 3 Article 19c of Decree No. 132/2008/ND-CP, which are amended in Clause 9 Article 1 of Decree No. 74/2018/ND-CP.

b) Procedures for reissuance of certificates of article number/ barcode use rights:

b1) If the application for reissuance is not adequate as per regulations, within 01 working day from the date of receipt of the application, the national article number and barcode authority affiliated to Directorate for Standards, Metrology and Quality shall notify the applicant for amendment via the national public service portal, public service portal of the Ministry of Science and Technology or information channel of the applicant. The applicant shall amend the application within 05 working days from the date of notification;

b2) If the application for reissuance is adequate and valid, within 05 days from the date of receipt of the application, Directorate for Standards, Metrology and Quality shall reissue an electronic certificate of article number/ barcode use rights to the applicant using Form No. 14 in the Appendix to Decree No. 74/2018/ND-CP;

b3) If the applicant submits an online application but wishes to be reissued with a physical certificate of article number/ barcode use rights, within 10 days after the date of receipt of an adequate and valid application, Directorate for Standards, Metrology and Quality shall reissue the physical certificate of article number/ barcode use rights to the applicant using Form No. 14 in the Appendix to Decree No. 74/2018/ND-CP;

b4) Certificates of article number/ barcode use rights reissued shall have the same validity period as the old certificates.

Chapter III

IMPLEMENTATION CLAUSE

Article 8. Effect

1. This Circular comes into force from April 01, 2021.

2. The following documents are annulled from the entry into force of this Circular:

a) Decision No. 15/2006/QD-BKHCN dated August 23, 2006 by the Minister of Science and Technology promulgating the Regulation on allocation, use and management of article numbers and barcodes;

b) Circular No. 16/2011/TT-BKHCN dated June 30, 2011 by the Minister of Science and Technology amending Regulation on allocation, use and management of article numbers and barcodes promulgated together with Decision No. 15/2006/QD-BKHCN dated August 23, 2006 by the Minister of Science and Technology.

Article 9. Transitional regulations

1. Holders of certificates of article number/ barcode use rights issued before July 01, 2018 shall apply for reissuance of these certificates according to regulations of this Circular before April 01, 2024.

From April 01, 2024, certificates of article number/ barcode use rights that were issued before July 01, 2018 and are not reissued according to regulations of this Circular shall be annulled.

Directorate for Standards, Metrology and Quality (national article number and barcode authority) shall publish expired certificates of article number/ barcode use rights on the database under its management at http://vnpc.gs1.gov.vn.

Article 10. Implementing responsibilities

1. Directorate for Standards, Metrology and Quality shall provide guidance on and organize implementation of this Circular and promulgate technical guidelines for confirming compliance of article number and barcode quality with ISO/IEC 15426-1 and ISO/IEC 15426-2 standards or equivalent national standards.

2. In case the national standards, national technical regulations, international standards or legislative documents cited in this Circular are amended or superseded, the newest standards, regulations or documents shall apply.

3. During the implementation of this Circular, any difficulty arising should be promptly reported to the Ministry of Science and Technology (via Directorate for Standards, Metrology and Quality) in writing for guidance or amendment.

4. Ministries, ministerial-level agencies, Governmental agencies, People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall implement this Circular./.