How long shall the Certificate of code or barcode use right be valid in Vietnam?

How long shall the Certificate of code or barcode use right be valid in Vietnam? What are responsibilities of users of article numbers and barcodes containing Vietnam’s country code 893?

Hello Lawnet. My enterprise manufactures confectionery products. We have already submit application for the Certificate of code or barcode use right for them. However, we still don't know how long the Certificate will last yet.

Thank you!

How long shall the Certificate of code or barcode use right be valid in Vietnam?

Pursuant to Article 19c of the Decree 74/2018/NĐ-CP stipulating procedures for issue of the Certificate of code or barcode use right in Vietnam as follows:

1. Application requirements:

a) For issue of the certificate of code and barcode use right, the application must comprise:

- Application form for use of codes or barcodes as per the regulations in the Form 12 in the Appendix to this Decree;

- Copy of the enterprise registration Certificate, investment registration Certificate, or the Establishment Decision.

b) For reissue of the Certificate of Establishment Decision, the application must comprise:

- Application for reissuance of Certificate as prescribed in Form No. 13 in the Appendix to this Decree;

- Copy of enterprise registration Certificates, investment registration Certificates, or the Decision of Establishment bearing changes of name or address;

- Original Certificate (except if it is lost).

2. Application manner

Organizations or individuals wishing to implementing code and barcode procedures shall make a relevant set of application documents prescribed in Clause 1 of this Article, then send by post or directly to the standing agency in charge of codes or barcodes. Original documents are needed for verification purposes in case of applying directly. In case of applying by post, the certified true copy bearing signature and stamp or the authenticated copy shall be required.

3. Application processing steps

a) Application for issue of the certificate…:

Within 05 days of receipt of the application, if all required documents are incomplete as per the law, the standing agency in charge of codes or barcodes shall inform requesting organizations or individuals of this and request them to submit amended or supplemented documents.

Within 05 days from the receipt date of the application, if the required dossier is complete and valid as per the law and organizations or individuals have submitted the required fee as per the regulations, then within 20 days from the receipt date of the application, the designating body on codes or barcodes is responsible to issue the Certificate as prescribed in the Form No. 14 in the Appendix to this Decree.

The duration of the certificate shall not exceed 03 years from the date of issue.

b) For reissue:

Reissuance of the certificate to requesting organizations or individuals is allowed if their certificate which remains valid is stolen, lost, damaged, or they change their name or address

Within 05 days from the day of receipt of the full and valid application, the standing agency in charge of codes or barcodes shall be responsible to reissue the Certificate to these requesting organizations or individuals. In case of refusal, the designating body on codes or barcodes sends a written notification clearly stating the reasons for such refusal.

The duration of the certificate shall be the same as that of the previously issued certificate.

As regulations above, the Certificate of code or barcode use right for your confectionery products shall not exceed 03 years from the date of issue.

What are responsibilities of users of article numbers and barcodes containing Vietnam’s country code 893?

Pursuant to Article 4 of the Circular 10/2020/TT-BKHCN stipulating responsibilities of users of article numbers and barcodes containing Vietnam’s country code 893 as follows:

1. Comply with regulations in Clause 1 Article 19b of Decree No. 132/2008/ND-CP, which are amended in Clause 9 Article 1 of Decree No. 74/2018/ND-CP.

2. Apply for article numbers and barcodes at the single-window unit of Directorate for Standards, Metrology and Quality or online via the national public service portal or public service portal of the Ministry of Science and Technology.

3. After being granted the company prefix, each user shall declare, update and provide the following basic information for the database managed by Directorate for Standards, Metrology and Quality (national article number and barcode authority) at http://vnpc.gs1.gov.vn:

a) GTIN;

b) Product name and make;

c) Product description;

d) Product group (products with similar properties);

dd) Enterprise name;

e) Target market;

g) Product images.

4. Write/ Print article numbers and barcodes on packaging of products and goods in accordance with ISO/IEC 15426-1 and ISO/IEC 15426-2 standards or equivalent national standards.

After being granted the certificate of article number/ barcode use rights, any user wishing to confirm compliance of article number and barcode quality with ISO/IEC 15426-1 and ISO/IEC 15426-2 standards or equivalent national standards shall follow the technical guidelines of Directorate for Standards, Metrology and Quality.

5. Not use article numbers and barcodes for purposes different from registered information.

Above are responsibilities of users of article numbers and barcodes containing Vietnam’s country code 893 in accordance with the law.

Best regards!

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