THE GOVERNMENT

No. 13/2022/ND-CP

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

Hanoi, 21 January 2022

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO. 132/2008/ND-CP DATED 31 DECEMBER 2008, DECREE NO. 74/2018/ND-CP DATED 15 MAY 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 19 OCTOBER 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 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 Measurement dated 11 November 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 31 December 2008, Decree No. 74/2018/ND-CP dated 15 May 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 19 October 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 31 December 2008 and Decree No. 74/2018/ND-CP dated 15 May 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, as amended and supplemented by Clause 3 Article 1 of Decree No. 74/2018/ND-CP, is amended and supplemented as follows:

“k) Raw materials, supplies and samples imported for processing for foreign parties or for the production of export goods; raw materials imported for the production of 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 the production of fertilizers, plant protection drugs, animal feeds, aquatic feeds, livestock waste treatment products, aquaculture environmental treatment products, and spare parts, components, assemblies and systems of means of transport that are 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 types of goods not intended for commercial purposes (non-commercial import type) as decided by the minister of the sectoral management ministry.”

3. Section 8 Chapter II “Management of product and goods traceability” is added to 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 activities;

b) Provide guidance on enhancing technical capacity for product and goods traceability and support the development of key products and goods and socio-economic development of sectoral management ministries and localities;

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

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

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

2. Sectoral management ministries shall preside over, and coordinate with the Ministry of Science and Technology in, managing the organization and implementation of traceability for products and goods within the scope and sectors assigned for management.

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

4. Based on management needs, sectoral management ministries shall identify products and goods subject to traceability and publicly announce them on their official web 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 facilities within the scope of state management prescribed by 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 within the scope of state management prescribed by law;

– Technical infrastructure of urban areas, industrial parks, economic zones and high-tech parks within the scope of state management prescribed by law;

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

– 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 and supplemented as follows:

“l) The Ministry of Culture, Sports and Tourism: training and competition equipment of physical training and sports establishments and of 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 physical training and sports establishments and of 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 facilities within the scope of state management prescribed by law.”

Article 2. Repeal of a number of provisions and replacement of a number of forms under 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 repealed.

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 repealed.

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

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

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

Article 3. Implementation provisions

1. This Decree takes effect from 15 March 2022.

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

Recipients:

– The Secretariat of the Party Central Committee;

– The Prime Minister and Deputy Prime Ministers;

– Ministries, ministerial-level agencies and Government-attached agencies;

– People’s Councils and People’s Committees of provinces and centrally run cities;

– The Central Office and Party Commissions;

– The Office of the General Secretary;

– The Office of the President;

– The Ethnic Council and Committees of the National Assembly;

– The Office of the National Assembly;

– The Supreme People’s Court;

– The Supreme People’s Procuracy;

– The State Audit Office;

– The National Financial Supervisory Commission;

– The Vietnam Bank for Social Policies;

– The Vietnam Development Bank;

– The Central Committee of the Viet Nam Fatherland Front;

– Central bodies of mass organizations;

– Government Office: Minister-Chairman, Deputy Chairmen, assistants to the Prime Minister, Director General of the Government Portal, departments, bureaus and units under the Government Office, Official Gazette;

– Archives: clerical records, Department of Science, Education, Culture and Social Affairs.

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

DEPUTY PRIME MINISTER

Vu Duc Dam

APPENDIX

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

Form No. 12

Application for registration for use of barcodes

Form No. 14

Certificate of right to use barcodes

Form No. 12

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

……, date… month…..year….

APPLICATION FOR REGISTRATION FOR USE OF BARCODES¹

Organization information:

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

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

Establishment decision number / enterprise registration certificate / investment registration certificate*: ……………………………………………………..

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

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

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

Automatic debit registration (tick √ in the appropriate box):

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

Business field (tick √ in the appropriate box):

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

We hereby register for use of the following code type* (tick √ in the appropriate 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

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

Organization representatives*

Position / full name / department or unit / telephone / email

Authorized representative

Main contact person

We undertake that the information declared above is accurate and commit to fully complying with legal regulations relating to barcodes, fee regulations and the following terms:

– Use the assigned codes only for our own products and services;

– Properly comply with regulations on payment of fees and maintenance fees in accordance with law;

– If, for any reason such as dissolution or bankruptcy, we no longer need to use the assigned codes, we shall notify the Directorate for Standards, Metrology and Quality in writing within 01 month from the date of dissolution or bankruptcy;

– If the organization name, legal status or address changes, we shall notify the Directorate for Standards, Metrology and Quality within 01 month from the date of change to carry out procedures for replacing the certificate.

…., date… month… year…

HEAD OF ORGANIZATION

Signature and seal

1. List of locations for which a Global Location Number GLN is to be registered

No. | GLN code type⁴ | Name/description | Address | Note

2. List of 8-digit Global Trade Item Numbers EAN-8 (GTIN-8) to be registered

No. | Product name | Product description | Note

* Mandatory information field.

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

² Issued only in accordance with recommendations of the international barcode organization GS1.

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

⁴ GLN code types include physical location / digital location / legal entity / functional entity.

Form No. 14

Certificate template for the right to use barcodes

MINISTRY OF SCIENCE AND TECHNOLOGY

DIRECTORATE FOR STANDARDS, METROLOGY AND QUALITY

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

CERTIFIES

<<NAME OF COMPANY>>

Address: <<Address>>

to have the right to use the following codes:

GS1 Company Prefix: <<Code>>

Global Location Number GLN: <<Code>>

Period of validation: <<dd/mm/yy>>

Registered No.: ………………..

Reference No.: ………………..

Hanoi, <<dd/mm/yyyy>>

DIRECTOR GENERAL