Is it illegal to use foreign barcodes for products in Vietnam?

Is it illegal to use foreign barcodes for products in Vietnam?

Pursuant to Article 19 of Circular 18/2018/TT-BKHCN on violations against regulations on barcode use specified in Article 32 of Decree No.119/2017/ND-CP, specifically as follows:

1. Violation specified in Point b Clause 1 Article 32 of Decree No.119/2017/ND-CP is the producer’s or importer’s failure to follow the procedure for renewal of the certificate of barcode use rights when it is expired and continue to use such goods barcode.

2. Violation specified in Point dd Clause 1 Article 32 of Decree No.119/2017/ND-CP is the failure to notify in writing the use of foreign barcodes together with the documents proving such use to the Directorate for Standards; Metrology and Quality when they are used for goods or products domestically produced or processed.

3. Violation specified in Point a Clause 2 Article 32 of Decree No.119/2017/ND-CP is the producer’s or importer’s addition of the code with Vietnam code (893) prior to the barcode on goods without grant of certificate of barcode use rights by the Directorate for Standards; Metrology and Quality.

4. Violation specified in Point a Clause 3 Article 32 of Decree No.119/2017/ND-CP is the act of producing, processing, packaging, dividing goods for export under contracts or at the request of foreign customers prints the foreign barcodes on the goods label without permit given by foreign competent authority or the organization possessing such foreign barcode.

5. Violation specified in Point b Clause 3 Article 32 of Decree No.119/2017/ND-CP is the production or sale of goods without certificate of barcode use rights when using symbols that resemble a barcode to make the consumers believe that the producer or seller has been granted a certificate of barcode use rights by the Directorate for Standards; Metrology and Quality or GS1.

According to this Article, when you import goods from abroad and use foreign barcodes for Vietnamese products without written notice, accompanied by documents proving the use of foreign codes to the General Department of Vietnam, Department of Standards, Metrology and Quality, your behavior is considered a violation of the use of barcodes.

Is it illegal to use foreign barcodes for products in Vietnam? (Image from the Internet)

What are penalties for using revoked barcodes in Vietnam?

In Clause 2, Clause 6, Article 32 of Decree 119/2017/ND-CP amended by Clause 59, Article 2 of Decree 126/2021/ND-CP on violations of regulations on the use of barcodes, accordingly:

2. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Use of the barcode using Vietnam code (893) without grant of rights to use barcodes;

b) Use of revoked barcodes;

c) Sale or transfer of granted barcodes.

6. Remedial measures:

a) Enforced recall of products, goods and destruction of illegal barcodes; enforced destruction of goods having illegal labels if it is impossible to remove the illegal barcodes from the products, goods in case of violations specified in Clauses 2 and 3 of this Article;

b) Enforced return of benefits illegally obtained from the commission of the violation in Clause 4 of this Article;

Thus, when you use a barcode that has been revoked, the individual using it may be fined from 6,000,000 to 10,000,000 VND. In addition, it is also possible to apply measures to force recall of products and goods, remove and destroy offending barcodes and destroy goods in cases where it is impossible to remove the illegal barcodes from the products, goods in Vietnam.

Best regards!