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

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

Pursuant to the Law on Commerce dated 14 June 2005;

Pursuant to the Law on Protection of Consumer Rights dated 17 November 2010;

At the proposal of the Minister of Science and Technology;

The Government promulgates this Decree amending and supplementing a number of articles of Government Decree No. 43/2017/ND-CP dated 14 April 2017 on goods labeling.

Article 1. Amendments and supplements to a number of articles of Government Decree No. 43/2017/ND-CP dated 14 April 2017 on goods labeling are as follows:

1. Article 1 is amended and supplemented as follows:

“Article 1. Scope of regulation

1. This Decree provides for the contents, manner of presentation, and state management of labels for goods circulated in Viet Nam, exported goods and imported goods.

2. The following goods are not within the scope of regulation of this Decree:

a) Real estate;

b) Goods temporarily imported for re-export; goods in transit; goods transferred through border gates; goods in transshipment; imported goods deposited in bonded warehouses for export to a third country;

c) Baggage of persons on exit or entry; movable property;

d) Goods confiscated and sold at auction;

dd) Fresh and raw food, and processed food without packaging and sold directly to consumers;

e) Goods that are fuels, raw materials (agricultural products, aquatic products, minerals), scraps (in production or business), or unpackaged construction materials sold directly to consumers;

g) Petroleum, gas (LPG, CNG, LNG) and liquid substances without commercial packaging and contained in containers or tanks;

h) Used goods;

i) Goods in the field of security and national defense; radioactive substances; goods used in emergency cases to remedy natural disasters or epidemics; railway, waterway and air transport vehicles.

3. Where an international treaty to which the Socialist Republic of Viet Nam is a contracting party provides otherwise, such international treaty shall apply.”;

2. Article 2 is amended and supplemented as follows:

“Article 2. Regulated entities

This Decree applies to organizations and individuals producing and trading goods in Viet Nam; organizations and individuals exporting and importing goods; state authorities; and relevant organizations and individuals.”;

3. Clause 1 of Article 7 is amended and supplemented as follows:

“Article 7. Language used on goods labels

1. Mandatory contents shown on labels of goods circulated in the Vietnamese market must be written in Vietnamese, except for exported goods not consumed domestically and except for the case prescribed in Clause 4 of this Article.”;

4. Clause 4 of Article 9 is amended and supplemented as follows:

“Article 9. Responsibility for goods labeling

4. Organizations and individuals importing goods into Viet Nam must label goods in accordance with the provisions on mandatory contents shown on labels of imported goods in this Decree.”;

5. Article 10 is amended and supplemented as follows:

“Article 10. Mandatory contents shown on goods labels

1. Labels of goods circulated in Viet Nam must show the following contents in Vietnamese:

a) Name of goods;

b) Name and address of the organization or individual responsible for the goods;

c) Origin of goods.

Where the origin cannot be determined, the place where the final stage of completion of the goods was carried out shall be stated in accordance with Clause 3 Article 15 of this Decree;

d) Other mandatory contents to be shown on labels according to the nature of each type of goods as prescribed in Appendix I issued together with this Decree and relevant laws.

Where goods have characteristics falling into more than one group prescribed in Appendix I issued together with this Decree and are not otherwise prescribed in other relevant legal documents, the organization or individual responsible for the goods shall, based on the main use of the goods, determine the goods group by itself/himself/herself for labeling purposes.

Where the size of the goods is insufficient to show all mandatory contents on the label, the contents specified at Points a, b and c Clause 1 of this Article must be shown on the goods label; the contents specified at Point d Clause 1 of this Article shall be shown in documents accompanying the goods and the label must indicate where such contents are recorded.

2. The original labels of goods imported into Viet Nam must, when customs procedures are carried out, show the following contents in a foreign language or in Vietnamese:

a) Name of goods;

b) Origin of goods.

Where the origin cannot be determined, the place where the final stage of completion of the goods was carried out shall be stated in accordance with Clause 3 Article 15 of this Decree;

c) Name or abbreviated name of the organization or individual manufacturing the goods or the organization or individual responsible for the goods overseas.

c1) Where the original label of the goods does not show the full name and address of the overseas organization or individual manufacturing the goods or responsible for the goods, such contents must be fully shown in documents accompanying the goods;

c2) For goods imported into Viet Nam with original labels in a foreign language as prescribed at Points a, b and c Clause 2 of this Article, after customs procedures are completed and the goods are moved to a storage warehouse, the importing organization or individual must supplement the goods label in Vietnamese in accordance with Clause 1 of this Article before placing the goods into circulation in the Vietnamese market.

3. Labels of exported goods shall comply with the laws of the importing country.

a) Where origin is shown on labels of exported goods, the origin statement shall comply with Clause 1 Article 15 of this Decree.

b) Label contents of exported goods shall comply with Clause 2 Article 18 of this Decree.

4. The Minister of Science and Technology shall provide details on certain mandatory contents shown on goods labels under Point d Clause 1 of this Article by electronic means.”;

6. Clause 3 of Article 12 is amended and supplemented as follows:

“Article 12. Name and address of the organization or individual responsible for the goods

3. Imported goods for circulation in Viet Nam shall state the name and address of the manufacturing organization or individual and the name and address of the importing organization or individual on the goods label.

Medical devices manufactured domestically or imported for circulation in Viet Nam shall state the name and address of the owner of the medical device and the name and address of the owner of the circulation number. Where the medical device does not yet have a circulation number, the label shall state the name and address of the owner of the medical device and the name and address of the organization or individual on the import permit.”;

7. Article 15 is amended and supplemented as follows:

“Article 15. Origin of goods

1. Producing, exporting and importing organizations and individuals shall self-determine and state the origin of their goods in a truthful and accurate manner, complying with laws on origin of exported goods, imported goods and goods manufactured in Viet Nam, or with international commitments to which Viet Nam is a party.

2. The origin of goods shown on labels shall be expressed using one of the following phrases: “manufactured in”; “made in”; “country of manufacture”; “origin”; “manufactured by”; “product of”, followed by the name of the country or territory where the goods were manufactured, or shall be stated in accordance with the law on origin of goods.

3. Where the origin of goods cannot be determined under Clause 1 of this Article, the place where the final stage of completion of the goods was carried out shall be stated. This shall be expressed using one or a combination of the following phrases indicating the stage of completion: “assembled in”; “bottled in”; “mixed in”; “finished in”; “packed in”; “labeled in”, followed by the name of the country or territory where the final stage of completion was carried out.

4. Names of countries or territories where the goods were manufactured or where the final stage of completion was carried out must not be abbreviated.”;

8. Points a and b Clause 3 of Article 16 are amended and supplemented as follows:

“Article 16. Composition and quantitative composition

3. For certain types of goods, composition and quantitative composition shall be stated as follows:

a) For food, ingredients shall be listed in descending order by weight.

a1) If an ingredient is an additive, state the additive group name, additive name or International Numbering System (INS) number, if any;

a2) If an additive is a sweetener or color, state the sweetener group or color group, the substance name or INS number, if any, and additionally indicate whether it is “natural”, “nature-identical”, “synthetic” or “artificial”.

a3) If an additive is a flavoring, state “flavoring” together with one or more of the following phrases to clarify its nature: “natural”, “nature-identical”, “synthetic”; “artificial”.

a4) Where a national additive code coincides with the international INS code, the national code may be stated instead of the international INS code;

b) For human medicines, veterinary drugs, plant protection products, insecticidal and germicidal preparations for household and medical use, state the composition and content of active ingredients.”;

9. Article 24 is amended and supplemented as follows:

“Article 24. Transitional provisions

1. Goods whose labels comply with Decree No. 43/2017/ND-CP and which were manufactured, imported or circulated before the effective date of this Decree may continue to be circulated and used until the expiry date stated on the goods labels.

4. Goods whose labels comply with Decree No. 43/2017/ND-CP and which were manufactured, imported or circulated in Viet Nam before the effective date of this Decree, and for which stating an expiry date on labels is not mandatory, may continue to be circulated and used.

5. Goods labels and commercial packaging bearing goods labels that comply with Decree No. 43/2017/ND-CP and were manufactured or printed before the effective date of this Decree may continue to be used for goods production, but for no more than 02 years from the effective date of this Decree.

Article 2. Annulment and replacement of several provisions of Decree No. 43/2017/ND-CP

1. Clause 2 Article 8 and Point b Clause 2 Article 5 of Decree No. 43/2017/ND-CP are annulled.

2. The provision requiring the supplementary label of goods that cannot be exported or are returned and placed on the market to include the bold phrase “Manufactured in Viet Nam”, as prescribed in Clause 4 Article 8 of Decree No. 43/2017/ND-CP, is annulled.

3. Appendix I, Appendix IV and Appendix V of Decree No. 43/2017/ND-CP are annulled and replaced by Appendix I, Appendix IV and Appendix V of this Decree.

Article 3. Effect

This Decree takes effect from 15 February 2022.

Article 4. Implementation responsibility

1. The Minister of Science and Technology shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and Chairpersons of People’s Committees of provinces and centrally run cities shall be responsible for implementing this Decree.

ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Vu Duc Dam

APPENDIX I – OTHER MANDATORY CONTENTS TO BE SHOWN ON LABELS ACCORDING TO THE NATURE OF EACH TYPE OF GOODS

(Issued together with Government Decree No. 111/2021/ND-CP dated 09 December 2021)

APPENDIX IV – HOW TO STATE COMPOSITION AND QUANTITATIVE COMPOSITION OF GOODS

APPENDIX V – OTHER METHODS OF PRESENTING TECHNICAL SPECIFICATIONS, INFORMATION, HYGIENE WARNINGS AND SAFETY WARNINGS OF GOODS