- Vietnam lately issued Decree 111 amending guidelines on the labeling of products.
- Decree 111 takes impact on February 15, however the regulation permits for a transition interval.
- Companies dealing within the import and export of products ought to concentrate on the brand new adjustments and plan forward to remain compliant.
Vietnam lately issued Decree No. 111/2021/ND-CP (Decree 111), which amends guidelines on the labeling of products and takes impact on February 15, 2022.
Decree 111 goals to deal with tax evasion and fraud, and mandates people and organizations that produce, export, or import items to file and decide the origin of their items. Their labels should guarantee accuracy, truthfulness, and compliance with authorized provisions on the origin of products imported to, exported from, and manufactured in Vietnam, or any nation collaborating in worldwide agreements with Vietnam.
Decree 111 amends Decree No. 43/2017/ND-CP (Decree 43) on product labeling laws.
What are the amendments below Decree 111?
Obligatory data on labels for imported items to Vietnam
Decree 111 mandates that items imported into Vietnam should have their unique label both in a international language or in Vietnamese with the next data:
- The identify of the products;
- The origin of products;
- Identify or abbreviated identify; and
- Handle of the international producer or international firm liable for importing the products.
Beforehand below Decree 43, if the unique label of an imported good didn’t conform with the provisions below the decree, then the importer needed to make a supplementary label earlier than sending such items into the market.
The origin of products
Decree 43 made it compulsory to show the origin of products on labels with out different alternate options. This triggered issue for companies that would not decide the origin of their items. Decree 111 modifies this by including a clause whereby if the origin of products couldn’t be decided, the enterprise can state the place the place the ultimate manufacturing stage was carried out.
The next statements or phrases needs to be introduced along with the nation or territory the place the ultimate manufacturing stage occurred:
- ‘Assembled in’;
- ‘Bottled in’;
- ‘Product of’;
- ‘Made in’;
- ‘Blended at’;
- ‘Packed in’;
- ‘Manufactured in’; or
- ‘Labeled at’, amongst others.
The decree additionally forbids abbreviating the nation the place the products had been accomplished or manufactured.
What about exported items?
The scope of laws for the labeling of products was restricted to items imported and circulated in Vietnam, in response to Decree 43. Decree 111 has expanded this scope to incorporate exported items.
Items labeled for export should adjust to the laws of the importing nation. The origin of products labels should adjust to Vietnamese laws or with the worldwide agreements that Vietnam is a signatory to.
Additional, the label should not include photos or content material concerning sovereign disputes or delicate content material that would influence Vietnam’s nationwide safety, society, economics, customs, and diplomatic relations. Now we have seen prior to now the place items involving sovereign disputes have been banned or boycotted by customers. That is one thing that companies needs to be cautious of or threat penalties and losses.
Medical machine labeling
For imported medical units into Vietnam, the labels should present the next:
- The identify and deal with of the authorized producer; and
- The identify and deal with of the corporate or particular person who’s the registrant (registration quantity).
If the medical machine doesn’t have a registration quantity, the identify and deal with of the corporate or particular person on the import license, in addition to the identify and deal with of the proprietor of the medical machine have to be written on the label.
The label should even be written in Vietnamese. If that is unavailable, then a supplementary label in Vietnamese have to be added, whereas the unique label stays unchanged.
Plan forward regardless of transition interval
The regulation permits for a transition interval for companies to conform.
In eventualities the place:
- items labels are compliant with Decree 43; and
- the merchandise had been manufactured, imported, or circulated earlier than February 15, 2022.
Companies can proceed to flow into them till the product’s expiry date however not more than two years past the efficient date of Decree 111.
Vietnam Briefing is produced by Dezan Shira & Associates. The agency assists international buyers all through Asia from workplaces internationally, together with in Hanoi, Ho Chi Minh Metropolis, and Da Nang. Readers might write to email@example.com for extra help on doing enterprise in Vietnam.
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