New regulations on origin of goods

On 09/12/2021, the Government has just issued the Decree No. 111/2021/ND-CP amending and supplementing a number of articles of the Decree No. 43/2017/ND-CP dated April 14, 2017 of the Government on labeling of goods.

Accordingly, the Decree No. 111/2021/ND-CP amends and supplements Article 15 of origin of goods. Specifically, manufacturing, exporting and importing organizations and individuals shall identify and record the origin of their goods by themselves, ensuring the truthfulness, accuracy, and compliance with legal provisions on the origin of exported and imported goods, the ones manufactured in Vietnam or international commitments to which Vietnam is a participant.

The origin of goods indicated on the label, which is shown by one of the following phrases "made in"; “producing country”; "origin"; "made by"; “product of”, shall be accompanied by the name of the country or territory producing the goods or in accordance with the provisions of law on the origin of goods.

In case the origin of goods cannot be determined according to the above provisions, write the place where the final stage of finishing the goods is performed. It is expressed by one of the phrases or a combination of phrases expressing the finishing stage of goods as follows: “assembled at”; “bottled at”; “mixed at”; “completed at”; “packed at”; “labelled at” with the name of the country or territory where the final stage of finishing the goods is performed.

The name of the country or territory where the goods are manufactured or where the final stage of finishing the goods is performed may not be abbreviated.

The Decree also amends and supplements Clause 3, Article 12 - Name and address of the organization or individual taking responsibility for the goods. Specifically, goods imported for circulation in Vietnam bear the name and address of the producing organization or individual and the name and address of the importing organization or individual on the label.

In addition, for goods as medical equipment produced domestically or imported for circulation in Vietnam, the name and address of the owner of the medical equipment and the name and address of the owner of free-sale number must be recorded. In case the medical equipment does not have a free-sale number, write the name and address of the owner of the medical equipment and the name and address of the organization or individual on the import permit.

To annul and replace a number of provisions in the Decree No. 43/2017/ND-CP: Annulling Clause 2, Article 8; Point b, Clause 2, Article 5 of the Decree No. 43/2017/ND-CP. It is prescribed as follows: for goods that cannot be exported or returned and put into circulation on the market, the auxiliary label must have the words "Made in Vietnam" in bold boldface as prescribed in Clause 4, Article 8, the Decree No. 43/2017/ND-CP. To annul Annex I; Appendix IV; Appendix V to the Decree No. 43/2017/ND-CP and replace by Appendix I; Appendix IV; Appendix V to this Decree.

This Decree takes effect from February 15, 2022.

Source: NVD