| THE MINISTRY OF SCIENCE AND TECHNOLOGY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No.09/2007/TT-BKHCN | Hanoi, April 06, 2007 |
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.
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