Thông tư 09/2007/TT-BKHCN của Bộ Khoa học và Công nghệ về việc hướng dẫn thi hành một số điều của Nghị định số 89/2006/NĐ-CP ngày 30/8/2006 của Chính phủ về nhãn hàng hoá

CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENTS DECREE NO. 89/2006/ND-CP DATED AUGUST 30, 2006 ON LABELING OF GOODS

Pursuant to the Governments Decree No. 54/2003/ND-CP dated May 19, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology and the Government s Decree No. 28/2004/ND-CP dated January 16, 2004, amending and supplementing a number of articles of Decree No. 54/2003/ND-CP;

Pursuant to the Governments Decree No. 89/2006/ND-CP dated August 30, 2006, on labeling of goods;

The Ministry of Science and Technology guides the implementation of some contents regarding goods labels as follows:

I. GENERAL PROVISIONS

1. Supplementary labels

a) Supplementary labels are used for imported goods under the provisions of Clause 3, Article 9 of the Government's Decree No. 89/2006/ND-CP dated August 30, 2006, on labeling of goods (hereinafter referred to as Decree No. 89/2006/ND-CP).

b) Supplementary labels must be attached to goods or commercial packings thereof and must not hide the contents of original labels. Contents shown on supplementary labels must not misrepresent the contents shown on original labels.

c) If adding compulsory contents according to the provisions of Vietnamese law on labeling of goods, which are not shown on original labels, labeling organizations or individuals shall take responsibility before law for the accuracy and truthfulness of these added contents. These added contents must not misrepresent the contents shown on original labels.

2. Distinction of commercial packings from non-commercial packings of goods

The following packings are non-commercial ones:

a) Packings used for storing, transporting and preserving 1abeied goods;

b) Bags of goods sold;

c) Packing used for containing bulky goods taken from larger from packings for retail;

d) Cargo containers, cisterns for transportation of petrol, liquids or bulky cement.

3. Language used in goods labels

a) Translations in another language of Vietnamese contents presented on labels must not misrepresent these Vietnamese contents.

b) For optional contents written in another language, if any, their Vietnamese translations are not required but these contents must neither misrepresent the nature and uses of the goods nor misrepresent other contents shown on the labels.

c) For the same content shown on an original label, the font size in another language must not be bigger than the font size in Vietnamese.

4. Responsibility for goods labeling

a) For goods manufactured, assembled, processed or packaged in Vietnam for domestic circulation, organizations or individuals that finish the goods or perform the 1ast step in finishing the goods before putting them into circulation shall label the goods.

b) If organizations or individuals responsible for labeling goods defined in Article 10 of Decree No. 89/2006/ND-CP request other organizations or individuals to label goods, they are still responsible for their goods' labels.

Example: An organization or individual importing goods may request the domestic or overseas manufacturer or another organization to label the goods imported under contract or agreement but is still responsible for the goods labels when these goods are circulated in Vietnam.

c) For labels with some missing or improper contents, organizations or individuals that manufacture or trade in the goods having such labels shall, on their own initiative or upon the request of a state management agency, add the missing contents or remove the improper contents.

To add contents on a label by directly printing them on the label or printing them on other materials (stickers) to be glued on the label without hiding information shown on the label.

- Removal of improper contents from a label must ensure non-recovery of these contents.

II. CONTENTS OF GOODS LABELS

1. Labeling of goods under the provisions of Article 12 of Decree No. 89/2006/ND-CP

a) Organizations and individuals shall determine by themselves the types of goods which they manufacture or import under the provisions of Article 12 of Decree No. 89/2006/ND-CP for writing relevant compulsory contents.

- Goods shall be categorized based on their use.

Example: Motorcycle inner tubes and tires belong to Item 44 (Vehicle parts), but not Item 22 (Plastic and rubber products).

- A goods that has many uses shall be categorized based on its principal use.

Example: Telephones with night lights and/or electronic clocks belong to Item 35 (Computer, information, post and telecommunications equipment), but not Item 34 (Electric and electronic products).

- A goods that can be categorize differently shall be categorized into a type of a more reasonable nature and use.

Example: Orange juice belongs to Item 3 (drinks), but not Item 2 (Foodstuffs).

- A goods that cannot be categorized into any type under the provisions of this Point shall be categorized based on the Harmonization System (HS).

Example: Contraceptive chemical preparation (HS: Chapter 30 - Pharmaceuticals) belongs to Item 7 (Human medicines), but not Item 12 (Household chemicals for human use).

b) When line ministries stipulate which type of goods belong to which groups defined in Article 12 of Decree No. 89/2006/ND-CP, the categorization of these goods must comply with the stipulations of these line ministries.

2. Names of goods

a) When the name of an ingredient is used as the name or part of the name of a goods, the quantity of the ingredient must be shown under the provisions of Clause 2, Article 18 of Decree No. 89/2006/ND-CP.

Example: For ''beef sausage '', the quantity of beef must be shown next to the name of the goods: ''beef sausage (30% of beef)'' or shown in the section Ingredients: ''Beef of not less than 30%'' or shown on a separate position on the label: ''30% of beef".

b) For an additive used to create a color, fragrance or flavor which is shown together with the name of the goods, the quantity of such additive needs not be shown.

Example: For ''facial wash milk with apple fragrance'', ''pink lipstick" or ''pasteurized milk with strawberry favor'', the quantity of the additive'' apple fragrance'', ''pink color" or ''strawberry flavor" needs not be shown but the ingredient of the additive must still be shown according to regulations.

c) If the name of an extract or essence from natural raw materials is shown together with the name of a goods, the ingredient and quantity of the extract or essence or the weight of raw materials used for the creation of such quantity of the extract or essence must be shown:

Example: For facial wash milk extracted from watermelon, it can be shown as follows 0.001% watermelon essence or 200g of water melon/product.

3. Names and addresses of organizations and individuals responsible for goods

a) The names of organizations and individuals and the place names must not be abbreviated.

Example: For Hoang Phu company, Tien Son industrial park, Tien Du, Bac Ninh, the words ''Hoang Phu'', ''Tien Son'', ''Tien Du'' and ''Bac Ninh'' must not be abbreviated to ''HP'', ''TS'', ''TD'' and ''BN''.

b) For a product or goods manufactured right at the place of business registration, the label must show the name and address of the manufacturer according to its business registration.

Example: Manufactured at Company A, Song Than industrial park, Binh Duong.

c) For a product or goods manufactured at a place other than the place of business registration, the label must show the address of the place of manufacture of the product or goods.

Example: For vegetarian noodles of Company A manufactured at different places, its label must show:

If manufactured at a factory in Hung Yen, ''manufactured ar Factory X, Nhu Quynh township, Van Lam, Hung Yen'' or ''product of Company A, manufactured at Nhu Quynh township, Van Lam, Hung Yen.'' If manufactured at a factory in Binh Duong, ''manufactured at Factory Y, An Phu commune, Thuan An, Binh Duong'' or ''product of Company A, manufactured in An Phu commune, Thuan An, Binh Duong.''

If the addresses of many places of manufacture are shown on a label, an indication or symbol must be given to indicate the place of manufacture of the goods.

Example: On the label of Rose washing power of Company A, many places of manufacture are shown, such as Sai Dong industrial park, Gia Lam, Hanoi; An Phu commune, Thuan An, Binh Duong. If the power is manufactured in Sai Dong industrial park, Gia Lam, Hanoi, the place of manufacture can be expressed in either of the following two ways:

Way 1: ''See the address of the place of manufacture next to the manufacturer

BD: An Phu Commune, Thuan An, Binh Duong;

HN: Sai Dong IP, Gia Lam, Hanoi.

Date of manufacture 081106 HN.''

- Way 2: '' The address of the place of manufacture is marked with x

An Phu commune, Thuan An, Binh Duong;

Sai Dong IP, Gia Lam, Hanoi. x''

Organizations and individuals responsible for labeling may select a marking symbol.

d) For goods manufactured by two or more organizations and individuals, the name and address of the organization or individual performing the last step to finish the goods before the goods are put into circulation must be shown.

For organizations or individuals performing various step to finish the goods before the goods are put into circulation, such as assembling, packaging or bottling, the goods labels must show the name and address of the assembling, packaging or bottling organization or individual. The name or the name and address, trademark, brand and other details of the organization or individual manufacturing the goods before they are assembled, packaged or bottled may be shown on labels if so permitted by the manufacturing organization or individual.

Example 1: Computer Company A at 100, street B, Hanoi, buys computer parts from different sources and assembles them at workshop X in Bac Thang Long industrial park, Hanoi, into complete computer units for sale. The following shall be shown:

- Assembled at workshop X - Bac Thang Long industrial park, Hanoi, or

- Product of Computer Company A at 100, street B, Hanoi, assembled at Workshop X, Bac Thang Long industrial park, Hanoi.

Example 2: Refined sugar is manufactured at Lam Son sugar refinery, Thanh Hoa, and packaged in 50-kg sacks. Shop A at 70, street B, Hanoi, re-packages the sugar in one-kg packs for retail. The following shall be shown:

- Packaged at Shop A at 70, street B, Hanoi, or,

- Manufactured at Lam Son sugar refinery, Thanh Hoa, and packaged at Shop B, 70, street B, Hanoi.

Example 3: Fish sauce is manufactured by Company A in Nha Trang, and stored in tanks. Enterprise B at 80, street B, Hanoi, buys the fish sauce and puts it in 1-litter bottles for retail. The following shall be shown:

- Bottled at Enterprise A, 80, street B, Hanoi, or,

- Manufactured at Company A, Nha Trang, and bottled at Enterprise A, 80, street B, Hanoi.

e) If the manufacturing establishment is a member of an organization, such as a company, a corporation, a group, an association or other organizations, the name or the name and address, the trademark, brand and other details of such organization may be shown on labels if so permitted by the organization, besides the address of the place of manufacture.

Example: Electric fans are manufactured at factory A, Sai Dong, Gia Lam, Hanoi, which is a member of Company B, under Corporation C. Their label may show ''Corporation C, Company B, manufactured at factory A, Sai Dong, Gia Lam, Hanoi.''

f) If labels also show the names and addresses of other organizations or individuals as a way of advertising the product or goods, the relationship between such organizations or individuals and the product or goods must be also shown.

Example: Detergent is manufactured at Plant A, Bien Hoa II Industrial Park, Dong Nai province. If its label is to show ''Company B'' or ''Industrial Chemical Institute'' or ''Vietnam Chemical Association'', while Plant A is not a unit attached to Company B, the industrial chemical institute or the Vietnam Chemical Association, it should be shown as follows: ''Manufactured for Company B'', ''Quality tested at the Industrial Chemical Institute'' or "Technical counseling by the Vietnam Chemical Association".

4. Quality of goods

a) Some units of measurement may be used to express quantity on labels:

- For weight: kilogram (kg), gram (g), and milligram (mg). For less than one kg, g must be used (for example, write 500 g but not 0.5 kg); for less than one g, mg must be used (for example, write 500 mg but not 0.5 g).

- For volume: liter (1), milliliter (ml). For less than one liter, ml must be used (for example: write 500 ml but not 0.5 liter).

For solid goods, use cubic meter (m3), cubic decimeter (dm3), cubic centimeter (cm3), cubic millimeter (mm3). For less than one m3, dm3, cm3 or mm3 may be used.

b) Some units of measurement may be used to indirectly express net weight, net volume or directly express area and length:

- For area: square meter (m2), square decimeter (dm2), square centimeter (cm2), square millimeter (mm2). For areas less than one m2, dm2, cm2 or mm2 may be used.

- For length: meter (m), decimeter (dm), centimeter (cm), millimeter (mm). For lengths less than one m, dm, cm or mm may be used.

c) A unit of measurement may be written in full or symbol, for example, gram or g, or millimeter or ml.

5. Date of manufacture, expiry date and preservation period

a) Date of manufacture, expiry date or preservation period may be written in full or abbreviations in capital letters as NSX (date of manufacture), HSD (expiry date) or HBQ (preservation period).

b) The way of presentation of date, month and year for the date of manufacture, expiry date and preservation period is specified in Article 16 of Decree No. 89/2006/ND-CP.

Example: The date of manufacture is April 2, 2006, and the expiry date is October 2, 2008, one of the following ways of presentation on labels may be used:

- NSX: 020406

HSD: 021008; or

- NSX 02 04 06

HSD 02 lo 08; or

- NSX: 02042006

HSD: 02102008

- NSX: 02 04 2008

HSD: 02 10 2008; or

- NSX 02/04/06

HSD: 02/10/08; or

- NSX: 020406

HSD: 30 months; or

- NSX: 020406

HSD: 30 months from NSX.

c) If the abbreviations NSX and HSD together with the numerals indicating the date, month and year can not be shown on labels, relevant instructions must be given.

Example: If the date of manufacture and expiry date are shown as 020406 021008 at the bottom of packings, the following instruction shall be shown on labels: See NSX and HSD at the bottom of the packing.

d) If NSX and HSD are shown in a foreign language on labels, a relevant instruction must be given on labels.

Example: The date of manufacture and expiry date are shown on packings as ''MFG 020406 EXP 021008'', the following instruction must be shown on labels: NSX, HSD see ''MFG''' "EXD'' on packings.

e) If the month of manufacture is required to be shown, the numerals indicating the month and the year shall be shown.

Example: If manufactured in February 2006, labels shall show ''SX 02/06'' or ''SX 02/2006'' or ''Manufactured in February 2006.''

f) If the year of manufacture is required to be shown, four numerals indicating the year shall be shown. Example: If manufactured in 2006, labels shall show ''Manufactured in 2006'' or ''Year of manufacture: 2006.''

g) The expiry date stipulated in Clause 10, Article 3 of Decree No. 89/2006/ND-CP may be also expressed as expiration date (or use by date) or best if used by date (of best before date). These expressions of expiry date are presented as follows:

Expiration date (or use by date) shall be shown as expiry date and may be abbreviated to HSD according to the provisions of points b, c and d of this Clause.

- Best before date shall be expressed in full. The time following the phrase ''Best before'' shall be shown according to the provisions of Points b, c or d of this Clause.

6. Ingredients, ingredient quantities

Ingredients and ingredient quantities shall be shown under the provisions of Article 18 of Decree No. 89/2006/ND-CP.

a) Water added as material for the manufacture or processing of, and existing in, a product or goods, shall be expressed as an ingredient of the goods.

b) If the name of an ingredient is shown on labels to draw attention to the goods, the quantity of this ingredient must be shown.

Example: If the phrase ''High calcium content'' is shown on labels, the quantity of calcium must be shown.

c) For household metal goods or appliances made from a principal material decisive to their use value, the name of the ingredient of the principal material must be shown together with the name of the goods but the ingredient and its quantity are not required to be shown.

Example: For goods shown on labels as plastic basin, leather shoe, bamboo mat, iron seats, paper tissues, rubber mattress or porcelain pots, their ingredients and ingredient quantities are not required to be shown.

7. Hygiene and safety information and warnings

The contents of hygiene and safety information and warnings shown on labels are defined in Article 19 of and Appendix IV to Decree No. 89/2006/ND-CP.

Warnings may be presented on labels in letters, images or symbols according to International practice and relevant regulations.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its publication in CONG BAO.

2. Ministries and ministerial-level agencies shall provide, after consulting the Ministry of Science and Technology, guidance on the specific contents and ways of labeling of particular products under their line management.

3. Problems arising in the course of implementation of the Circular should be reported by organizations and individuals to the Ministry of Science and Technology for study and handling.