New regulations for product labeling have been enacted in VietnamAAA IPRIGHT5
The Vietnamese government enacted Decree No. 111/2021/ND-CP on December 9, 2021, revising and supplementing Decree No. 43/2017/ND-CP on April 14, 2017, on goods labeling (Decree 43). On February 15, 2022, Decree No. 111/2021/ND-CP (Decree 111) takes effect.
The following changes will be made to the regulations on products labeling as a result of Decree 111.
According to Article 1.1 of Decree 43, the scope of laws for goods labeling is currently limited to goods imported and circulated in Vietnam. Decree 111, on the other hand, broadens the scope to encompass exported goods and adds exporters to the list of businesses subject to the laws.
Export goods do not need to be labeled in Vietnamese if they are not consumed locally, according to a new exemption.
Labels for exported goods must now conform with the import country’s laws, according to the new regulations. The origin of products must be recognized and labeled in accordance with Vietnam’s origin of goods legislation, as well as international agreements Vietnam has joined or signed. Furthermore, any pictures or information linked to a sovereignty dispute, as well as any other sensitive material that may impact Vietnam’s national security, politics, economics, society, diplomatic relations, or traditions, shall not be shown on the label.
Origin of goods
Decree 43 makes it compulsory for goods to disclose their origin on their labels, with no exceptions. This can be problematic for entities that are unable to establish the origin of the goods. Decree 111 addressed this issue by including a paragraph requiring that, if the origin of products cannot be verified, the site where the last production stage is undertaken to finish the product be explicitly stated. “Assembled at”, “bottled at”, “mixed at”, “finished at”, “packed at”, or “labeled at” should be used to present the last manufacturing step, followed by the nation name or territory where the final completion process takes place.
Information about original labels is required
The original label, according to Decree 43, is the first label applied by the maker to an item or the good’s commercial package. If an imported good’s original label does not comply with Decree 43’s requirements, the importer must create supplemental labels with the required information before placing the items into circulation with their original labels. This implies that original labels are not required to provide any information.
Decree 111, on the other hand, mandates that items imported into Vietnam have original labels that include all required information.
Decree 111, unlike Decree 43, permits the INS to be be used instead of a specific name when providing the names of sweeteners or colorings in the ingredient list section, although flavoring names are no longer needed to be specified in this section.
Goods having Decree 43-compliant labels that were manufactured, imported, and/or circulated before the effective date can continue to be circulated and consumed until their expiration date after the new decree takes effect on February 15, 2022. Decree 43-compliant goods labels and packages with accompanying labels that were made or printed prior to the effective date may be used for manufactured products for up to two years after the implementation date.
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