Distinguishing consumer package and non-consumer package in Vietnam

Distinguishing consumer package and non-consumer package in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Distinguishing consumer package and non-consumer package in Vietnam

Distinguishing consumer package and non-consumer package according to Article 3 of Circular 05/2019/TT-BKHCN is as follows:

- The following types of containers are non-consumer:

+ Containers for storing, transporting, preserving goods which were labeled;

+ Bags for carrying purchased goods;

+ Containers for bulk goods or retailed goods.

- In order to replace labels, the following types of containers shall have documents presenting the contents written in Vietnamese which are prescribed in Decree 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 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.

2. Instructions on good label location in Vietnam

Instructions on good label location in Vietnam according to Article 4 of Circular 05/2019/TT-BKHCN are as follows:

- 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.

- 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.

- 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.

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