What is supplementary label of goods? What are the goods subject to labeling of supplementary labels in Vietnam? What must be included in the supplementary labels? - Minh Tai (Hanoi, Vietnam)
Article table of contents
Regarding this issue, LawNet would like to answer as follows:
1. What is supplementary label?
According to Clause 4, Article 3 of Decree 43/2017/ND-CP, supplementary label of goods is prescribed as follows:
Supplementary label means a label representing mandatory information translated from the original in a required foreign language and additional mandatory information in Vietnamese as prescribed by Vietnam’s law that is missing in the original label;
What is supplementary label of goods? 05 things you should know about supplementary label in Vietnam (Internet image)
2. Language on supplementary label in Vietnam
Clause 3, Article 7 of Decree 43/2017/ND-CP stipulates that if the goods imported into Vietnam of which the label has not represented or represented insufficiently mandatory information in Vietnamese, a supplementary label containing mandatory information in Vietnamese is required and the original label shall remain unchanged. The Vietnamese content shall be consistent with the original label text.
3. Guidelines for labeling of supplementary label in Vietnam
The sub-labelling of goods shall comply with the provisions of Article 8 of Decree 43/2017/ND-CP (amended by Decree 111/2021/ND-CP), whereby:
- The supplementary label shall be used for imported goods as prescribed in Clause 3, Article 7 of Decree 43/2017/ND-CP.
- The supplementary label shall be attached to the commodity or commercial container without obscuring mandatory information of the original label.
- 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 Decree 43/2017/ND-CP. 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.
4. Goods not subject to labeling of supplementary labels in Vietnam
According to Clause 5, Article 8 of Decree 43/2017/ND-CP, the following goods are not subject to labeling of supplementary labels:
- Spare parts to be imported to replace defective spare parts in warranty of the service provider without being sold in the market;
- Materials, food additives, food processing aids, spare parts to be imported for manufacture without being sold in the market.
5. Responsibility for labeling in Vietnam
Article 9 of Decree 43/2017/ND-CP (amended by Decree 111/2021/ND-CP) stipulates the responsibility for labeling as follows:
- 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.
- 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.
- 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 Decree 43/2017/ND-CP (amended by Decree 111/2021/ND-CP).
- Organisations and individuals that import goods into Vietnam shall include the mandatory information on the labels of imported goods prescribed in Decree 43/2017/ND-CP (amended by Decree 111/2021/ND-CP).
Nhu Mai
