Is it possible to put supplementary labels obscuring original labels of imported goods in Vietnam?

Is it possible to put supplementary labels obscuring original labels of imported goods in Vietnam?

Pursuant to Article 8 of Decree 43/2017/ND-CP, there are regulations on labeling of supplementary label as follows:

1. The supplementary label shall be used for imported goods as prescribed in Clause 3 Article 7 hereof.

2. The supplementary label shall used for goods not eligible for import or to be returned and circulated in the domestic market.

3. The supplementary label shall be attached to the commodity or commercial container without obscuring mandatory information of the original label.

4. The content of the supplementary label shall contain the Vietnamese translation from the mandatory information of the original label and additional other mandatory information according to the nature of the commodity as prescribed in this Decree. The entity responsible for labeling shall take responsibility for the content’s accuracy and truthfulness. The content displayed on the supplementary label shall also contain additionals without misleading the information of original label and correctly reflect the nature and origin of the goods.

In case of goods not eligible for import or to be returned and circulated in the domestic market, a bold phrase of “Được sản xuất tại Việt Nam” (“Made in Vietnam”) shall be required.

5. The following goods are not subject to labeling of supplementary labels:

a) Spare parts to be imported to replace defective spare parts in warranty of the service provider without being sold in the market;

b) Materials, food additives, food processing aids, spare parts to be imported for manufacture without being sold in the market.

Thus, according to the above regulations, when importing goods that are foreign goods, your company is not allowed to attach supplementary labels that obscure the mandatory contents of the original labels in Vietnam.

What are regulations on responsibilities for labeling in Vietnam?

Pursuant to Article 9 of Decree 43/2017/ND-CP as amended by Clause 4, Article 1 of Decree 111/2021/ND-CP, responsibility for labeling is regulated as follows:

1. The entity responsible for labeling shall, including supplementary label, shall ensure that the labeling is made truthful, clear, precise and correctly reflect the substance of the goods.

2. For goods manufactured for domestic circulation, the manufacturer shall be responsible for labeling.

The entity responsible for labeling shall keep assuming responsibility without regard to an authorization of labeling to another entity.

3. In case goods are not eligible for export and are returned for circulation in the country, organizations and individuals shall, before putting such goods into circulation, label them in accordance with the provisions of this Decree.

4. For goods imported into Vietnam with original labels unconformable with the provisions of this Decree, the importer shall make supplementary labels in accordance with the provisions of Clause 3 Article 7 and Clauses 3,4 Article 8 of this Decree before putting such goods into circulation together with their original labels.

Best Regards!