Vietnam establishes decree partially amending regulations on labelling of goods

On December 9, 2021, the Vietnamese government enacted Decree 111/2021/ND-CP, which amends and supplements some provisions of Decree 43/2017/ND-CP on the Labeling of Goods. The Cabinet Order will come into effect on February 15, 2021. Articles 1, 2, 7, 9, 10, 12, 15, 16, and 24 of Decree 43/2017/ND-CP were partially amended, and Article 5-2b, Article 8-2 and Article 8-4 (only some paragraphs) were deleted. In addition, Appendices 1, 4, and 5 of Decree 43/2017/ND-CP were made invalid, and were newly replaced by Appendices 1, 4, and 5 of Decree 111/2021/ND-CP. Appendix 1 specifies the labeling items for 68 product types.

The original text of the Decree can be downloaded from the following URL.
http://vanban.chinhphu.vn/portal/page/portal/chinhphu/hethongvanban?class_id=1&_page=1&mode=detail&document_id=204681

Addition to applicable scope

“Exporters” have been added to the applicable scope in Article 2 of Decree 43/2017/ND-CP in addition to organizations, individuals, and importers of goods that manufacture and trade goods in Vietnam. However, exports that are not consumed in Vietnam are not covered by the Decree.

Additional provisions on original labelling of imported goods

Article 10, on the mandatory content of labelling of goods, has been added to the provisions on the original labeling of imported goods. In particular, for original labels displayed in a foreign language, it is mandatory to create and affix an additional Vietnamese label after the product has been transported to a company’s warehouse or facility after customs clearance.

Clarification of the origin of the goods

Article 15 on the origin of goods adds the provision that “if the origin cannot be determined, the location of the final manufacturing process of the goods shall be stated.”

Specification of ingredients and content of household and medical fungicides and insecticides

Article 16 on ingredients and quantification adds provisions on household and medical fungicides and insecticides, requiring the name and content of ingredients to be listed on the label. The following compulsory labelling items have also been added to Appendix 1, Item 68, “Household and medical fungicides and insecticides”:

• Quantity
• Date of Manufacture
• Date of Expiration
• Composition and Content of Active Ingredients
• Manufacturing Batch Number
• Distribution Registration Number in Vietnam
• Warning Information
• Instructions for Use
• Instructions for Storage
• Instructions for Disposal
• Warning Display According to GHS
• Manufacturer’s Name and Address
• Name, Address and Telephone Number of the Registered Distributor

Transition clause

Products manufactured, imported, and distributed before the effective date of the Decree, and that meet the provisions of Decree 43/2017/ND-CP, can continue to be distributed and used until the date of expiration stated on the label. The same measures apply to goods without a date of expiration.

Labels that meet the provisions of Decree 43/2017/ND-CP and that were created and printed before the effective date of the Decree may continue to be used for two years from the effective date of the Decree.