Can shopping bags be considered consumer package in Vietnam?

Can shopping bags be considered consumer package in Vietnam?

Pursuant to Article 3 of Circular 05/2019/TT-BKHCN stipulating distinguishing consumer package and non-consumer package (Clause 5 Article 3 of Decree No. 43/2017/ND-CP) as follows:

1. The following types of containers are non-consumer:

a) Containers for storing, transporting, preserving goods which were labeled;

b) Bags for carrying purchased goods;

c) Containers for bulk goods or retailed goods.

2. In order to replace labels, the following types of containers shall have documents presenting the contents written in Vietnamese which are prescribed in Decree No. 43/2017/ND-CP and other related legislative documents: containers, cargo hold, tankers of bulk goods, liquid or gases.

For example: containers used in transporting aquatic products, such as containers (including containers containing single or various types of aquatic products in bulk, or in blocks with one or different sizes), cargo hold containing single or various types of seafood, tankers carrying unpackaged bulk or liquid cargoes;

In this case, such goods need not to be labeled but must have attached documents presenting the contents written in Vietnamese which are prescribed in Decree No. 43/2017/ND-CP and other related legislative documents.

In case the attached documents are written in languages other than Vietnamese, importers shall have Vietnamese translations of such documents.

As such, shopping bags are not considered consumer package in Vietnam. Therefore, your business does not have to comply with the regulations on labeling of goods on the consumer package for shopping bags when buying this product.

In case the secondary package is made of transparent material which reveals information on the label of products inside, is it required to be labeled in Vietnam?

In Article 4 of Circular 05/2019/TT-BKHCN stipulating location (Article 4 of Decree 43/2017/ND-CP) as follows:

1. Mandatory information of a label needs not to be fully presented thereon and can be put in other places of the goods, provided that such information can be recognized easily with bare eyes without having to disassemble any parts of the goods. Such mandatory information is an integral part of the goods’ label.

Example 1: the vehicle identification number (VIN) is embossed on a motorcycle’ chassis or on a car’s body; although this number is not presented in the same place with other mandatory information, it is recognized easily without having to disassemble parts of the vehicle, and it is considered an integral part of the goods’ label.

Example 2: the manufacturing date, the expiry date or the quantity of goods are printed at the bottom or on the body of the bottle; it is not presented in the same place with other mandatory information on the goods’ label but it is recognized easily, and it is an integral part of the goods’ label.

2. As for goods with primary and secondary containers:

In case the goodhas secondary package and contains smaller units inside which have primary package and cannot be sold individually, the label of such goods shall be printed on or affixed to its secondary package.

 In case the goodhas secondary package and contains smaller units inside which have primary package and can be sold individually, the label of such goods shall be printed on or affixed to both the primary and secondary package.

For example: A box of coffee that contains coffee sachets inside shall be labeled as follows:

- In case the full box is sold, the label shall be printed on or affixed to the box;

- In case the full box and its sachets are sold, both the box and each individual sachet must be labeled;

- In case a carton box contains properly labeled boxes of coffee and it can be opened to see such boxes, that the labeling of the carton box is not required.

3. In case the secondary package is made of transparent material which reveals information on the label of products inside, it is not required to be labeled.

According to this Article, in case the secondary package is made of transparent material which reveals information on the label of products inside in Vietnam.

What is manufacturing date and expiry date on the packaging in Vietnam? 

In Article 13 of Circular 05/2019/TT-BKHCN, specifying manufacturing date, expiry date (point 1 of Appendix III attached to Decree 43/2017/ND-CP) is as follows:

As for imported goods with manufacturing and expiry dates are printed on the original label in letter format, enterprises may print the explanation for these letters on the supplementary label without reprinting such dates in number format.

For example: MFG 20 Jan 2020, EXP 20 Feb 2022 can be derived from the following explanation on the supplementary label: For manufacturing and expiry dates, please check the “MFG” and “EXP” on the package, Jan=01, Feb = 02... Dec =12.

Thus, the manufacturing date, expiry date on the label of the goods on the package in Vietnam is specified as above.

Best Regards!