Expiry date is an extremely important information that consumers will notice first when buying any products. The expiry date will determine whether the product is still of good quality when used or not. So what does the law say about the contents that need to be written on the goods labels? Does the expiration date need to be on the label? How are goods labels without expiry date handled? So “Is it mandatory to write the expiry date on goods labels in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Decree 111/2021/ND-CP
- Decree 43/2017/ND-CP
- Circular 05/2019/TT-BKHCN
Is it mandatory to write the expiry date on goods labels in Vietnam?
In Article 10 of Decree 43/2017/ND-CP, as amended by Decree 111/2021/ND-CP, there are provisions on mandatory content shown on goods labels as follows:
Labels of goods circulating in Vietnam are required to show the following contents in Vietnamese:
a) Name of goods;
b) Name and address of the organization or individual responsible for the goods;
c) Origin of goods.
If the origin cannot be determined, write the place where the final stage of finishing goods is performed as prescribed in Clause 3, Article 15 of this Decree;
d) Other mandatory contents must be shown on the label according to the nature of each type of goods specified in Appendix I issued together with this Decree and relevant laws.
In case, goods have properties belonging to many groups specified in Appendix I issued together with this Decree and not yet specified in other relevant legal documents, the organization or individual shall be responsible for the goods, based on the main use of the goods, determine the group of the goods to write the contents specified at this point.
In case, the size of the goods is not large enough to show all the mandatory contents on the label, the contents specified at Points a, b and c, Clause 1 of this Article must be written on the goods label. The provisions of point d, clause 1 of this Article are stated in the documents accompanying the goods and the label must indicate the place where such contents are inscribed.
The original labels of goods imported into Vietnam are required to show the following contents in a foreign language or Vietnamese when carrying out customs clearance procedures:
a) Name of goods;
b) Origin of goods. In case, the origin cannot be determined, write the place where the last stage of finishing the goods is performed according to the provisions of Clause 3, Article 15 of this Decree;
c) The name or abbreviated name of the organization or individual producing or the organization or individual responsible for the goods abroad.
c1) If the original label of the goods does not show the full name and address of the producing organization or individual or the organization or individual responsible for the goods abroad, these contents must be shown in sufficient in the documents accompanying the goods;
c2) For goods imported into Vietnam with original foreign-language labels as prescribed at Points a, b, c, Clause 2 of this Article, after carrying out customs clearance procedures and transferring them to the warehouse for storage, the Importers must add Vietnamese-language labels as prescribed in Clause 1 of this Article before putting the goods into circulation in the Vietnamese market.
Labels of exported goods shall be labeled according to the law provisions of the importing country:
a) In case, the origin of goods is shown on the label of exported goods, the content stating the origin of goods must comply with the provisions of Clause 1, Article 15 of this Decree.
b) Contents of labels of exported goods comply with the provisions of Clause 2, Article 18 of this Decree.
In case, goods have properties belonging to many groups specified in Appendix I issued together with this Decree and not yet specified in other relevant legal documents, the organization or individual shall be responsible for the goods. based on the main use of the goods, determine the group of the goods to write the contents specified at this point.
In case, the size of the goods is not enough to show all the mandatory contents on the label, the contents specified at Points a, b and c, Clause 1 of this Article must be written on the goods label. The provisions of point d, clause 1 of this Article are stated in the documents accompanying the goods and the label must indicate the place where such contents are inscribed.
Accordingly, on goods labels, the compulsory contents must be shown on the labels of food, foodstuffs, health foods, irradiated foods, genetically modified foods, beverages, alcohol, etc. Food additives and food ingredients are required to write the expiry date on the product label.
Does the content required to be written on the goods label need to be concentrated on the label?
Pursuant to Clause 1, Article 4 of Circular 05/2019/TT-BKHCN stipulating the position of goods labels as follows: “1. Contents required to be inscribed on goods labels do not need to be concentrated on the labels, they can be written on other positions of the goods, ensuring that they can be easily and fully recognized when observed and must disassemble the details, parts of the goods. Such mandatory content is part of the trademark.”
Example 1: the chassis number of a motorcycle is stamped on the chassis or the Vm number of a car is engraved directly on the body of the vehicle, although it is not shown in the same position as other mandatory contents, but in a recognizable position. easily, without having to disassemble the details, this content is part of the label.
Example 2: the production date, expiry date or quantity of the goods are pre-printed on the bottom or body of the bottle, not in the same position as other contents on the printed label attached to the bottle but still easily identifiable, This content is part of the trademark.
Thus, the content required to be inscribed on the goods labels does not need to be concentrated on the labels and can be written on other positions of the goods, ensuring that they can be easily and fully recognized when being observed.
Where are goods labels displayed?
According to Article 4 of Decree 43/2017/ND-CP on goods labels, the position of tag goods labels is currently regulated as follows: “Goods labels must be displayed on goods and commercial packages of goods in a position that can be easily recognized when observing, with all the contents specified in the label without having to disassemble the details, parts of the goods.”
– In case, it is not possible or impossible to open the outer package, the outer package must have a label and the label must present all the required contents.
– Contents required to be inscribed on goods labels do not need to be concentrated on the labels, they can be written on other positions of the goods, ensuring that they can be easily and fully recognized when observed without having to disassemble the details, parts of the goods. Such mandatory content is part of the trademark.
How is the expiry date on good labels marked?
In Article 14 of Decree 43/2017/ND-CP stipulating the date of production and expiry date, specifically:
“Production date and expiry date of goods are recorded in the order of day, month and year of the calendar year. In case of writing in a different order, there must be a caption for that order in Vietnamese.
Each number indicating the day, month, and year is recorded in two digits, and the year indicator is allowed to be written in four digits. The number indicating the day, month, and year of a time stamp must be on the same line.
In case, the production month is specified, it shall be recorded in the order of month and year of the calendar year.
In case, where it is specified to write the year of manufacture, write four digits indicating the year of the calendar year.
The “manufacturing date”, “expiry date” or “expiry date” indicated on the label shall be fully or abbreviated in capital letters as: “NSX”, “HSD” or “HD”.
In case, goods are required to have the date of manufacture and expiry date specified in Appendix I of this Decree and the label of the goods has the date of manufacture as prescribed in Clause 1 of this Article, the expiry date can be The allowed date is the period from the date of manufacture, and vice versa, if the product label has an expiration date, the manufacturing date is allowed to indicate the period before the expiry date.”
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Finally, hope this article is useful for you to answer the question about “Is it mandatory to write the expiry date on goods labels in Vietnam?” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more:
- Goods imported into Vietnam are required to have a secondary label
- What is the procedure for trademark registration in Vietnam?
- Exclusive trademark registration service in Vietnam
Frequently asked questions
Imported goods which the production date and expiry date on the original label are written in alphanumeric characters, enterprises can annotate these letters on the sub-label without having to record “NSX” and “HSD” in numeric characters.
For example: MFG 20 Jan 2020, EXP 20 Feb 2022, on the label it says: NSX, HSD see “MFG”, “EXP” and on the package, it says: Jan=01, Feb = 02… Dec =12.
According to Article 3 of Decree 43/2017/ND-CP, defining the concept of goods labels as follows:
“Goods labels are writings, prints, drawings, copies of words, drawings, images affixed, printed, attached, molded, carved, engraved directly on goods, commercial packaging of goods or on other materials attached to the goods, the commercial packaging of the goods;
Original label of goods means the label shown for the first time by the goods-producing organization or individual attached to the goods or the commercial packaging of the goods;
Secondary label means a label showing the mandatory contents translated from the original label of the goods in a foreign language into Vietnamese and supplementing the compulsory contents in Vietnamese according to the provisions of Vietnamese law”
In which, labeling of goods means showing basic and necessary contents about goods on goods labels for consumers to recognize and use as a basis for selection, consumption and use; for manufacturers, traders, to inform and promote their goods and for competent authorities to carry out inspection and control;
Trademark is one of the signs to identify goods and is noticed by consumers. On the goods will show basic content that is extremely necessary about the goods so that consumers can recognize the goods and use that as a basis for choosing and using the goods for the right purposes and ensuring quality guaranteed.
For business operators, the label plays a huge role in promoting the effectiveness of the product. Not only that, the trademark also plays an extremely important role for the authorities to take as a basis to check the quality and control the goods.
According to Article 5 of Circular 05/2019/TT-BKHCN, the language of presentation on goods labels is as follows:
1. The language presented on the goods label is not required to translate all contents in Vietnamese into another language. If it is translated into another languages, the content of the other languages must be understood by the readers in accordance with the Vietnamese content.
2. Contents that are not mandatory but expressed in other languages must not mislead the nature and use of goods and must not misunderstand other contents of the goods labels.
3. The international name of a country or territory that cannot be transliterated into Vietnamese or can be transliterated into Vietnamese but has no meaning, such international name may be used.
Therefore, some contents are not required to use Vietnamese and can be in foreign languages.
Conclusion: So the above is Is it mandatory to write the expiry date on goods labels in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
