Circular 18/2022/TT-BKHCN regulates electronic labeling

CIRCULAR

DETAILING REGULATIONS ON SOME COMPULSORY CONTENTS SHOWN ON GOODS LABELS OF CERTAIN GROUP OF GOODS ELECTRONICALLY

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

Pursuant to Decree No.95/2017/ND-CP dated August 16, 2017 of the Government on functions, tasks, powers, and organizational structures of Ministry of Science and Technology;

Pursuant to Decree No. 43/2017/ND-CP dated April 14, 2017 of the Government on goods labeling and Decree No. 111/2021/ND-CP dated December 9, 2021 of the Government on amendment to Decree No. 43/2017/ND-CP dated April 14, 2017 of the Government on goods labeling;

At request of General Director of the Directorate for Standards, Metrology, and Quality and Director of Department of Legal Affairs;

The Minister of Science and Technology promulgates Circular elaborating to mandatory information of labels of several goods categories to be displayed on electronic media.

Article 1. Scope

This Circular elaborate mandatory information on labels to be displayed on electronic media as mentioned under Point d Clause 1 Article 10 of Decree No. 43/2017/ND-CP dated April 14, 2017 of the Government amended by Clause 5 Article 1 of Decree No. 111/2021/ND-CP dated December 9, 2021 of the Government, to be specific:

1. Mandatory information of labels to be displayed on electronic media applies to goods categories under Section 25 through Section 38; Sections 40, 44, 50, 51, 52, 23, and Section 58 through Section 64 under Appendix I attached to Decree No. 43/2017/ND-CP amended by Decree No. 111/2021/ND-CP.

2. Electronic labeling as stated hereunder does not apply to goods categories that are mentioned under Appendix I of Decree No. 43/2017/ND-CP amended by Decree No. 111/2021/ND-CP and not mentioned under Clause 1 of this Article and other entries not mentioned under Appendix attached hereto.

3. Goods that are medical equipment shall be electronically labeled in accordance with legislative documents promulgated by governing Ministry.

Article 2. Regulated entities

This Circular applies to:

1. Organizations and individuals manufacturing, selling goods in Vietnam and organizations, individuals importing goods;

2. Regulatory authorities and relevant organizations, individuals.

Article 3. Rules for displaying mandatory information on electronic media

1. Organizations and individuals responsible for goods labeling have the option of labeling on electronic media or on primary packaging or on commercial packages or in booklets of the goods in accordance with Decree No. 43/2017/ND-CP amended by Decree No. 111/2021/ND-CP. Goods categories and information thereof to be displayed on electronic media shall conform to the Appendix attached hereto.

2. Organizations and individuals responsible for goods labeling must fulfill the following requirements when labeling electronically:

a) The link to electronic media must be clearly shown on goods label, such as: code, barcode, QR code, on electronic visual display of goods that have a visual display, or via other common electronic media;

b) Provide sufficient means, equipment and/or instructions for customers to access the electronic information of goods label on the spot;

c) Information shown on electronic labels must match information shown on physical labels and must not cause readers, observers, listeners to misunderstand the nature of the goods.

Article 4. Organizing implementation

1. Ministry of Science and Technology shall take charge and cooperate with governing Ministries and local governments in managing, inspecting, controlling, and taking actions against violations in goods labeling.

Regulatory authorities specializing in metrology and quality affiliated to the Ministry of Science and Technology shall assist the Minister of Science and Technology in enforcing state management pertaining to goods labeling; study and apply information technology in the management of electronic goods labeling.

2. Ministries, ministerial agencies, Governmental agencies within their functions, tasks, and powers are responsible for cooperating with Ministry of Science and Technology in managing electronic goods labeling.

Depending on management requirements of goods in their fields, ministries and ministerial agencies shall provide guidance on electronic goods labeling upon agreeing with Ministry of Science and Technology.

3. People’s Committees of provinces and central-affiliated cities within their tasks and powers shall cooperate with Ministry of Science and Technology in managing, inspecting, and controlling electronic goods labeling in their provinces and cities as per the law.

4. In regard to electronic goods labeling, organizations and individuals manufacturing, importing, selling goods are responsible for:

a) complying with regulations on goods labeling and this Circular; complying with regulations on inspections, control, administrative penalties, and being legally accountable for electronic labels for goods that they manufacture or import or sell;

b) preparing sufficient means and equipment in order to allow consumers to immediately access all electronically displayed information at any time;

c) providing information of electronic labels at request of competent regulatory authorities entitled to conduct investigations and/or inspections.

If persons in charge of the goods fail to provide information of electronic labels upon request due to reasons beyond their control, they must provide the requested information of electronic labels within 24 hours from the moment in which competent regulatory authorities request. If information of electronic labels under investigation or inspection cannot be accessed, the labels shall be deemed insufficient.

Article 5. Entry into force

This Circular comes into force from February 15, 2023.

Article 6. Responsibilities for implementation

1. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration.

2. Ministers, heads of ministerial agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for organizing implementation of this Circular./.

Appendix

SOME CONTENTS BASED ON THE NATURE OF GOODS ALLOWED TO BE DISPLAYED ELECTRONICALLY

(Attached to Circular No. 18/2022/TT-BKHCN dated December 30, 2022, of the Minister of Science and Technology)