Currently, Vietnam’s economy is integrating with the world, so foreign goods are imported into Vietnam a lot. Importing is an international trading business, a process of exchanging goods between countries based on the principle of parity exchange for currency as a broker. It is not a single act of trade but a system of trading relations in an economy that has both internal and external organizations. So, is it true that goods imported into Vietnam are required to have a sub-label? Today, LSX Lawfirm will give you an article about “Goods imported into Vietnam are required to have a secondary label“, as follows:
Legal grounds
Decree 43/2017/ND-CP
The concept of sub-labels of imported products
Goods labels are written; prints; drawing; copy of letters; pictures; pasted pictures; print; applique; casting; touch; Direct engraving on the goods; the commercial packaging of the goods or on other materials affixed to the goods; commercial packaging of goods;
The secondary label means a label showing mandatory contents translated from the original label of the goods in the language of the country; in addition to the Vietnamese language and supplementing mandatory contents in Vietnamese according to the provisions of Vietnamese law, but the original label of the goods is missing.
Are goods imported into Vietnam required to have a secondary label?
Secondary labels have the function of helping customs authorities; police or; authorities and consumers control; distinguishable from smuggled goods.
Besides that; Clause 3, Article 7 of Decree 43/2017/ND-CP stipulates that: Goods imported into Vietnam but not shown on the label, or the mandatory contents are not shown in Vietnamese, there must be a secondary label showing the compulsory contents in Vietnamese, and keep the original label of the goods. The content written in Vietnamese must correspond to the content written on the original label.
Thus, goods imported into Vietnam are not shown on the label; or failing to properly display the mandatory contents in the language, there must be sub-labels showing the mandatory contents. Except for the following goods that do not require additional labeling:
Imported components to replace damaged components in the organization’s goods warranty service; individuals are responsible for such goods, do not sell them on the market; Material; Food Additives; food processing aids; components imported for production; not marketed.
If goods imported into Vietnam are required to have sub-labels without sub-labels, they will be administratively sanctioned, specifically as follows:
For goods with a value of less than 3 million VND
A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for imported goods with original labels in a foreign language but no secondary labels in Vietnamese.
For goods valued at over 3 million VND
Imported goods with original labels in foreign languages but no secondary labels in Vietnamese will fine as follows:
– A fine ranging from VND 1,000,000 to VND 4,000,000 shall impose in cases where the value of the infringing goods from over 3,000,000 VND to 10,000,000 VND.
– A fine ranging from VND 4,000,000 to VND 7,000,000 shall impose in case the value of the infringing goods from over VND 10,000,000 to VND 20,000,000;
– Then A fine ranging from VND 7,000,000 to VND 10,000,000 shall impose in case the value of the infringing goods from over VND 20,000,000 to VND 30,000,000;
– A fine ranging from VND 10,000,000 to VND 15,000,000 shall impose in case the infringing goods value from over VND 30,000,000 to VND 50,000,000;
– A fine ranging from VND 15,000,000 to VND 20,000,000 shall impose in case the infringing goods are valued from over VND 50,000,000 to VND 70,000,000;
– Then A fine ranging from VND 20,000,000 to VND 25,000,000 shall impose in case the value of the infringing goods between over VND 70,000,000 and VND 100,000,000;
– A fine ranging from VND 25,000,000 to VND 30,000,000 shall impose in case of the value of the infringing goods at over VND 100,000,000.
Compulsory content in the sub-label
Contents are written on auxiliary labels contents translated into Vietnamese from compulsory contents on original labels, and supplement other missing mandatory contents according to the nature of the goods as prescribed in this Decree.
Labeling organizations and individuals shall be responsible for the accuracy; truthfulness of recorded content. Contents inscribed on the secondary label include; even the added content does not misinterpret the content on the original label, and must accurately reflect the nature and origin of the goods.
For goods that cannot export or returned; For circulation on the market, the sub-label must have the words “Made in Vietnam” in bold.
Pursuant to Article 10 of Decree 43/2017/ND-CP stipulating mandatory contents on goods labels (original labels), including
– Firstly, Goods name;
– Secondly, Name and address of the organization or individual responsible for the goods;
– Thirdly, Origin of goods;
– Finally, Other contents according to the nature of each type of specified goods.
Thus, goods imported into Vietnam require to have a sub-label and the sub-label must contain the content of the name of the goods; Name and address of the organization or individual responsible for the goods; Origin of goods; Other contents according to the nature of each type of goods are specified.
How to write the content of the sub-label
Goods imported into Vietnam require to have a secondary label and the way to write the contents of the sub-label is as follows
How to write the name and address of the responsible organization or individual
– Firstly, The proper name of the organization, individual, and the place name written on the goods label must not abbreviate.
– Secondly, For domestically produced goods, the name of the organization or individual and the address of the facility producing such goods must write.
So The goods production facility is a member of an organization such as a company; Corporations; corporations, groups; associations, and other organizations shall have the right to include the name or name and address and other contents of such organization on the label as permitted by these organizations. Goods with the same brand produced in different production facilities; then the organization or individual is responsible for the goods; may write the name and address of that organization or individual on the label of the goods; if the quality of the goods conforms to the goods quality standards set by the organization, individuals responsible for such goods announced or registered for circulation, and must ensure the traceability of the goods then.
And
– Firstly, For goods imported for circulation in Vietnam, the name and address of the organization must write; by individual producers and write the name and address of the importing organization or individual.
For goods being medical equipment imported for circulation in Vietnam; then write the name and address of the producing organization or individual associated with the origin of such goods; and write the name and address of the holder of the registration number of the medical equipment then.
– Secondly, Organization’s goods; individuals acting as direct sales agents for foreign traders importing goods into Vietnam; then enter the name and address of the organization; producer, and the name and address of the organization or individual acting as an agent to sell such goods.
– Thirdly, Goods are held by an organization; If the individual is franchising the trademark, in addition to complying with the provisions of Clauses 2, 3, and 4 of this Article, he/she must also write the name and address of the franchising organization or individual.
– Finally, In case organizations or individuals assemble; pack; When bottling, the label must have the name and address of the assembling organization or individual; pack; bottle and must include the name or name and address; and other contents of organizations and individuals producing goods before assembly; pack; bottled when permitted by these organizations and individuals then.
How to write the production date and expiry date?
– The date of production and expiry date of goods record in the order of date; month; year of the calendar year. In the case of writing in a different order, there must be a caption for that order in Vietnamese then.
So Each number indicates the date; month only; indicates the year in two digits; four digits allow to indicate the year. Date numbers; months; years of a datum must be on the same line. In case of the production month specified, it shall record in the order of the month; the year of the calendar year. In cases where it is specified to write the year of manufacture, write four digits indicating the year of the calendar year. “date of manufacture”; “expiry”; or the “expiry date” indicated on the label written in full or abbreviated in capital letters as: “NSX”; “HSD” or “HD” then.
In addition
-In the case of goods, the date of manufacture required; and the expiry date specified in Appendix I of this Decree, if the label of goods has the date of manufacture specified in Clause 1 of this Article, the allowed expiry date is the period from the date of manufacture and vice versa. If the product label has an expiration date, the manufacturing date allows indicating the period before the expiry date then.
– For goods to divide; chemical transfer; loaded; repacking must show the date of distribution; chemical transfer; loaded; repack and the expiry date must from the date of manufacture shown on the original label then.
– How to write the date of manufacture; The expiry date is specified in Section 1, Appendix III of this Decree then.
Goods with a different time stamping method than those specified in Clause 1 of this Article specified in Section 2, Appendix III of this Decree then.
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Related questions
produce and/or import by themselves determine and record the origin of their goods but must ensure truthfulness, accuracy, and compliance with the provisions of the law on the origin of goods or the Agreements. to which Vietnam has joined or signed. The method of recording the origin of goods is prescribed as follows: Write the phrase “made in” or “made in”, “country of manufacture”, “origin” or “manufactured by” with the name of the country or territory produce that good. The name of the country or territory where the good is produced may not be abbreviated.
Components imported to replace damaged components in the warranty service of goods by organizations or individuals responsible for such goods are not sold on the market; Raw materials, food additives, food processing aids, and components imported for production, are not sold on the market.
– Firstly, The size of letters and numbers representing the measurand must comply with the provisions of the law on measurement;
– Secondly, In case the goods are prepackaged foods, food additives, or food processing aids, the height of the letters of the mandatory contents on the label must not be lower than 1.2 mm.
In case one side of the package used for labeling (excluding the border of the seam) is less than 80 cm2, the letter height must not be lower than 0.
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