According to Decree No. 111/2021/ND-CP amending Decree No. 43/2017/ND-CP on product labels, in cases where the original product label does not show the full name and address of the manufacturing organization or individual or the organization or individual responsible for the goods abroad, these contents must be fully shown in the documents accompanying the goods.

Company N.E.N.G. asked, in case of placing a factory abroad to produce goods under the brand of the importing company itself (brand registered in Vietnam), is it mandatory to include the information of the manufacturer in the "name and address of the company responsible for the goods abroad"? Because the brand belongs to the company, not the manufacturer.

Regarding this issue, the Ministry of Science and Technology responded as follows:

Regarding the documents accompanying the goods, at Point c, Clause 2, Article 10 of Decree No. 43/2017/ND-CP dated April 14, 2017 of the Government on commodity labels, amended and supplemented at Clause 5, Article 1 of Decree No. 111/2021/ND-CP dated December 9, 2021 of the Government, stipulates: The original label of goods imported into Vietnam must show the following contents in a foreign language or Vietnamese when carrying out customs clearance procedures:

- Name or abbreviated name of the manufacturing organization or individual or the organization or individual responsible for the goods abroad;

- In case the original label of the goods does not show the full name and address of the manufacturing organization or individual or the organization or individual responsible for the goods abroad, these contents must be fully shown in the documents accompanying the goods.

Documents accompanying goods according to customs law regulations, documents accompanying imported and exported goods include: customs declarations; commercial invoices, contracts... or documents related to the quality standards of goods. These documents accompanying goods during the import and export procedures are the basis for presentation to customs authorities, and at the same time the basis for importing organizations and individuals to carry out additional labeling in Vietnamese according to regulations before putting goods into circulation on the market.

Regarding the recording of the name and address of the organization or individual responsible for the goods, Clause 2, Article 6 of Circular No. 05/2019/TT-BKHCN dated June 26, 2019 of the Minister of Science and Technology detailing the implementation of a number of articles of Decree No. 43/2017/ND-CP stipulates: Goods imported for circulation in Vietnam must record the name and address of the producing organization or individual and the name and address of the importing organization or individual. Goods produced at different production facilities with the same brand must record the name and address of the organization or individual that owns that brand or the name and address of the organization or individual responsible for the goods in Vietnam on the product label if permitted by the brand owner, but must ensure the traceability of the production facility when necessary, or when requested by the competent management authority and clearly state the origin of the goods on the product label.

Based on the above regulations, the company is requested to research and implement honest and accurate labeling that reflects the true nature of the goods.