THE GOVERNMENT
——-

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No.: 13/2022/ND-CP

Hanoi, January 21, 2022

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO. 132/2008/ND-CP DATED DECEMBER 31, 2008, DECREE NO. 74/2018/ND-CP DATED MAY 15, 2018 OF THE GOVERNMENT DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON PRODUCT AND GOODS QUALITY, AND DECREE NO. 86/2012/ND-CP DATED OCTOBER 19, 2012 OF THE GOVERNMENT DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON MEASUREMENT

Pursuant to the Law on Government Organization dated June 19, 2015; the Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

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

Pursuant to the Law on Measurement dated November 11, 2011;

At the proposal of the Minister of Science and Technology;

The Government promulgates this Decree amending and supplementing a number of articles of Decree No. 132/2008/ND-CP dated December 31, 2008, Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government detailing the implementation of a number of articles of the Law on Product and Goods Quality, and Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding the implementation of a number of articles of the Law on Measurement.

Article 1. Amendments and supplements to a number of articles of Decree No. 132/2008/ND-CP dated December 31, 2008 and Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government detailing the implementation of a number of articles of the Law on Product and Goods Quality

1. Point k Clause 7 Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of the Law on Product and Goods Quality (hereinafter referred to as Decree No. 132/2008/ND-CP), as amended and supplemented by Clause 3 Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government amending and supplementing Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of the Law on Product and Goods Quality (hereinafter referred to as Decree No. 74/2018/ND-CP), is amended and supplemented as follows:

“k) Raw materials, supplies and samples for processing for foreign parties or for manufacturing exports; raw materials for manufacturing goods for domestic consumption and circulation on the market where such goods have been subject to quality management under the corresponding national technical regulation (except imported raw materials used for manufacturing fertilizers, plant protection products, animal feed, aquaculture feed, livestock waste treatment products, aquaculture environment treatment products, and parts, components, assemblies and systems of means of transport classified as Group-2 products and goods).”.

2. Point p Clause 7 Article 7 of Decree No. 132/2008/ND-CP, as amended and supplemented by Clause 3 Article 1 of Decree No. 74/2018/ND-CP, is amended and supplemented as follows:

“p) Other goods not intended for business purposes (non-commercial type) as decided by the Minister of the line ministry or sectoral authority.”.

3. Section 8 “Management of product and goods traceability” is added to Chapter II of Decree No. 74/2018/ND-CP and Article 19dd is added to Section 8 as follows:

Section 8
MANAGEMENT OF PRODUCT AND GOODS TRACEABILITY

Article 19dd. State management of product and goods traceability

1. The Ministry of Science and Technology shall:

a) Assist the Government in state management of product and goods traceability;

b) Provide guidance on improving technical capacity for product and goods traceability and support the development of key products and goods and socio-economic development of line ministries, sectors and localities;

c) Prescribe the product and goods traceability system to ensure data connection and sharing;

d) Manage the use of product traceability codes, location traceability codes and data carriers;

dd) Manage the organization, deployment and implementation of traceability for products and goods within its assigned scope and sectors.

2. Line ministries and sectoral authorities shall preside over and coordinate with the Ministry of Science and Technology in managing and organizing traceability for products and goods within their assigned scope and sectors.

3. Provincial-level People’s Committees shall coordinate with line ministries and sectoral authorities in organizing product and goods traceability activities in their localities.

4. Based on management requirements, line ministries and sectoral authorities shall identify products and goods subject to traceability and publicly announce them on their official portals.”.

4. Point d Clause 2 Article 32 of Decree No. 132/2008/ND-CP, as amended and supplemented by Clause 14 Article 1 of Decree No. 74/2018/ND-CP, is amended and supplemented as follows:

“d) The Ministry of Construction:

– Civil construction works, industrial works, technical infrastructure works and outdoor advertising structures under state management in accordance with law;

– Construction materials;

– Architecture and construction planning, including regional construction planning; urban construction planning; rural residential area construction planning; construction planning for industrial parks, economic zones and high-tech parks; and construction planning for important international border-gate areas under state management in accordance with law;

– Urban technical infrastructure, technical infrastructure of industrial parks, economic zones and high-tech parks under state management in accordance with law;

– Machinery, equipment, supplies and substances subject to strict occupational safety and hygiene requirements under the ministry’s management responsibility in accordance with occupational safety and hygiene law;

– Services in the construction sector.”.

5. Point l Clause 2 Article 32 of Decree No. 132/2008/ND-CP, as amended and supplemented by Clause 14 Article 1 of Decree No. 74/2018/ND-CP, is amended as follows:

“l) The Ministry of Culture, Sports and Tourism: training and competition equipment of sports and physical training establishments and sports disciplines.”.

6. Point g Clause 3 Article 32 of Decree No. 132/2008/ND-CP, as amended and supplemented by Clause 14 Article 1 of Decree No. 74/2018/ND-CP, is amended as follows:

“g) The Ministry of Culture, Sports and Tourism: training and competition equipment of sports and physical training establishments and sports disciplines.”.

7. Point h is added to Clause 3 Article 32 of Decree No. 132/2008/ND-CP, as amended and supplemented by Clause 14 Article 1 of Decree No. 74/2018/ND-CP, as follows:

“h) The Ministry of Construction: outdoor advertising structures under state management in accordance with law.”.

Article 2. Annulment of a number of provisions and replacement of certain forms of Decree No. 132/2008/ND-CP, Decree No. 74/2018/ND-CP and Decree No. 86/2012/ND-CP

1. Clause 2 Article 19b of Decree No. 132/2008/ND-CP, as amended and supplemented by Clause 9 Article 1 of Decree No. 74/2018/ND-CP, is annulled.

2. Article 19d of Decree No. 132/2008/ND-CP, as amended and supplemented by Clause 9 Article 1 of Decree No. 74/2018/ND-CP, is annulled.

3. Forms No. 15, 16, 17 and 18 in the Appendix issued together with Decree No. 74/2018/ND-CP are annulled.

4. Clause 2 Article 17 of Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding the implementation of a number of articles of the Law on Measurement is annulled.

5. Forms No. 12 and 14 in the Appendix issued together with Decree No. 74/2018/ND-CP are replaced by Forms No. 12 and 14 in the Appendix issued together with this Decree.

Article 3. Implementation provisions

1. This Decree takes effect from March 15, 2022.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies and Presidents of provincial-level People’s Committees shall be responsible for implementing this Decree.

APPENDIX

(Issued together with Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government)

Form No. 12
APPLICATION FOR USE OF CODES AND BARCODES

THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————-

……, date… month…..year….

Organization information:

Name in Vietnamese*:………………………………………………………………………………………………

Name in English (or Vietnamese without accents):……………………………………………………….

Number of Establishment Decision/Enterprise Registration Certificate/Investment Registration Certificate*:..

Date of issue*:…………………………………………………….. Issuing authority*:………………………………..

Address*:………………………………………………………………………………………………………………..

Telephone*:……………………………………………………………….. Email:………………………………..

Automatic debit registration (tick √ in the box):

□ Via account      □ Via e-wallet      □ Via bank card      □ Other……………………….

Field of operation (tick √ in the box):

□ Manufacturing      □ Trading      □ Retail      □ Service      □ Other:……………………….

We apply to use the following code type* (tick √ in the box):

□ GS1 Company Prefix (GCP)

□ 12-digit GS1 Company Prefix (GCP-12)

□ 10-digit GS1 Company Prefix (GCP-10)

□ 9-digit GS1 Company Prefix (GCP-9)

□ 8-digit GS1 Company Prefix (GCP-8)²

□ Global Location Number GLN³

□ For physical location

□ For digital location

□ For legal entity

□ For functional entity

□ 8-digit Global Trade Item Number EAN-8 (GTIN-8)³

We undertake that the declared information is true and commit to fully comply with legal regulations on codes and barcodes, fee regulations and the following terms:

– To use assigned codes only for our own products and services;

– To comply with regulations on fee payment and annual maintenance fees;

– If, for any reason (dissolution, bankruptcy, etc.), we no longer need to use the assigned code, we will notify the Directorate for Standards, Metrology and Quality in writing within one month from the date of dissolution or bankruptcy;

– If there is any change to our name, legal status or address, we will notify the Directorate for Standards, Metrology and Quality within one month from the date of change to carry out the procedure for replacing the certificate.

…., date… month… year…

HEAD OF ORGANIZATION
(Signature and seal)

1. List of locations requiring registration of Global Location Number GLN

2. List of 8-digit Global Trade Item Numbers EAN-8 (GTIN-8) requiring registration

___________________

* Mandatory information field.

¹ Declared information may be updated in accordance with requirements of the international codes and barcodes organization GS1.

² Issued only in accordance with recommendations of the international codes and barcodes organization GS1.

³ The list of location codes and trade items is attached.

⁴ GLN types include: Physical location / Digital location / Legal entity / Functional entity.

Form No. 14
Sample Certificate of the right to use codes and barcodes

MINISTRY OF SCIENCE AND TECHNOLOGY

DIRECTORATE FOR STANDARDS, METROLOGY AND QUALITY

Based on Decree No. 74/2018/ND-CP dated May 15, 2018 and Decree No…../20…./ND-CP dated…../…../20… of the Government,

CERTIFYING

<<NAME OF COMPANY>>

Address: <<Address>>

to have the right to use the following codes:

Hanoi, <<dd/mm/yyyy>>

DIRECTOR GENERAL