The origin of goods is one of the most basic and important information about a product, and it has an extremely important role for consumers because it is the source of information about the quality of the product. Enterprises and organizations producing goods often provide information about products and goods through product packaging; however, with the current modern technology era, consumers can have product information through codes or barcodes and goods. In the article below, NPLaw will generalize the significant importance of the origin of goods to the market, as well as the method of providing product information through product barcodes.
The origin of goods is one of the most basic and important information about a product, and it has an extremely important role for consumers because it is the source of information about the quality of the product. Enterprises and organizations producing goods often provide information about products and goods through product packaging; however, with the current modern technology era, consumers can have product information through codes or barcodes and goods. In the article below, NPLaw will generalize the significant importance of the origin of goods to the market, as well as the method of providing product information through product barcodes.
I. What is the origin of goods?
The origin of goods means goods produced in a territory, a country, a group of countries or countries associated with each other to carry out the stages from processing to creating the final goods and products.
Therefore, how are the origin and manufacturer location (place of production) different? Both the concepts of "origin" and “manufacturer location" provide information about where goods are made, but their expression varies:
- Origin is a region, country or territory where the goods are produced or where the good processing processes are carried out in the final stage of the goods.
- Manufacturer location is the place where the final basic processing stage of goods is carried out in cases where many countries are involved in this process.
For example, Apple is a brand that originated in the United States and is headquartered in Cupertino, California, USA. Currently, the devices and components of computers and phones are installed in China. Therefore, the machines are often recorded as "made in China" causing significant misunderstandings for customers. Apple phones and computers are produced in China, but the origin of goods is the United States.
II. Compulsory contents presented on trademarks of goods
Pursuant to Article 10 of Decree No. 43/2017/ND-CP dated April 14, 2017 and Decree No. 111/2021/ND-CP dated December 9, 2022 amended and supplemented some Articles of Decree No. 43/2017/ND-CP dated April 14, 2017 of the Government on Labeling of Goods, as follows:
1. Trademarks of goods in circulation in Vietnam are required to express the following contents in Vietnamese:
- Name of goods;
- Name and address of organizations or individuals responsible for the goods;
- Origin of goods.
In cases of unidentified origin, we will record the place where the final stage of the goods is completely performed in accordance with Clause 3, Article 15 of this Decree;
- Other mandatory contents must be expressed on the label according to the nature of each type of goods specified in Annex I issued with this Decree and the relevant legal regulations.
In cases where goods by nature belong to many groups specified in Annex I issued with this Decree and not specified in relevant other legal documents, organizations or individuals responsible for goods will be based on the main use of goods and identify groups of goods themselves to record the contents prescribed at this point.
Where the size of the goods is insufficient to represent all required contents on the label, it is obliged to record the contents specified in Points a, b and c, Clause 1 of this Article on the label, besides the contents specified in Point d, Clause 1 of this Article will be recorded on the documents attached to the goods, and the label must indicate where the contents are indicated.
2. The original label of the goods imported into Vietnam is required to express the following contents in foreign language or Vietnamese when implementing customs clearance procedures:
- Name of goods;
In cases of unidentified origin, we will record the place where the final stage of the goods is completely performed in accordance with Clause 3, Article 15 of this Decree;
- The name or abbreviation of manufacturing organizations or individuals, or of organizations or individuals responsible for the goods abroad.
Where the original labels of the goods does not represent the full name and address of manufacturing organizations or individuals, or of organizations or individuals responsible for the goods abroad, these contents must be fully expressed in the documents attached to the goods;
For goods imported into Vietnam with foreign-language original labels as prescribed in Points a, b and c, Clause 2 of this Article, after implementing customs clearance procedures and transfering to the warehouses, organizations and individuals importing goods must perform the additional labels recorded in Vietnamese as prescribed in Clause 1 of this Article before putting goods into circulation in Vietnam market.
3. Labels of exported goods have to be recorded as good labels in accordance with Laws of the importing countries
- When the origin of goods is expressed on the labels of exported goods, the contents have to comply with the provisions of Clause 1, Article 15 of this Decree.
- In addition, the contents of the labels of exported goods will comply with the provisions of Clause 2, Article 18 of this Decree.
III. Legal provisions on the origin of goods:
The Government has just issued Decree No. 111/2021/ND-CP amending and supplementing some Articles of Decree No. 43/2017/ND-CP dated April 14, 2017 of the Government on the good labels, specially Article 15 of this Decree for the origin of goods, as follows:
- Organizations or individuals manufacturing, exporting and importing have to identify and record the origin of their goods to ensure honesty, accuracy and compliance with the Laws on the origin of exported, imported or manufactured goods in Vietnam or with the international commitments (international treaties) that Vietnam is a member.
- The origin of goods indicated on the label is expressed in one of the following phrases: “produced in” “manufactured in”; “manufacturing country”; “origin”; “produced by” or “products of” with the name of the country or territory that produces goods, or indicated in accordance with the Laws on origin of goods.
- In cases of unidentified origin, we will record the place where the final stage of the goods is completely performed. Recording will be presented through phrases or associated phrases such as “installed at”, “bottled at”, “mixed at”, “completed at”, “packed at” or “labeled at” attached with the name of the country or territory where the final stage is performed to complete the goods.
- The name of the country or territory that produces the goods or where the final stage is taken to complete the goods is not abbreviated.
In addition, the name and address of organizations or individuals responsible for the goods recorded on the labels are not abbreviated; however, the administrative unit can abbreviate.
If you need professional consultations in the above legal sector such as barcode registration, etc., please contact NPLAW immediately. Ngoc Phu Law Limited Company (NPLaw Firm) with a team of experienced lawyers and legal experts, we always provide Clients with in-depth legal consulting services and prestige guarantees on the legitimate rights and benefits of our Clients.
