Binh Duong Customs notifies businesses of regulations on labeling and origin of goods

VCN - On March 27, the Customs Branch in Vietnam - Singapore Industrial Park and the Customs Branch in Viet Huong Industrial Park (Binh Duong Customs Department) held a Customs – Business Dialogue Conference in the first quarter of 2023 with the participation of more than 100 enterprises in the area.
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Deputy Director of Binh Duong Customs Department Le Van Danh speaks at the conference. Photo: T.D
Deputy Director of Binh Duong Customs Department Le Van Danh speaks at the conference. Photo: T.D

At the conference, the leader of the Customs Control and Management Division under Binh Duong Customs Department notified the business community of new regulations on labeling and origin of goods according to Decree No. 111/2021/ND-CP dated December 9, 2021 of the Government.

Accordingly, for imported goods as components, if the imported goods as components do not contain mandatory contents, the commercial packaging of the imported goods must have a label that must show mandatory contents as prescribed in Section 2, Clause 5, Article 1 of Decree No. 111/2021/ND-CP.

For exported goods, according to the regulation on labeling on goods and packages of exported goods described in Clause 3, Article 10 of Decree No. 43/2017/ND-CP as amended and supplemented in Clause 5, Article 1 of Decree No. 111/2021/ND-CP, and the labeling for exported goods shall comply with the law of the importing country.

In case the exported goods are produced from different sources of raw materials, the origin of which cannot be determined, the goods or the packages of the exported goods must present the place of the final production stage, indicated by one of the phrases or combinations of phrases: “assembled at”; “bottled at”; “mixed at”; “completed at”; “packed at”; “labelled at” with the name of the country or territory where the final production stage is performed.

A representative of the Customs Branch in Vietnam – Singapore Industrial Park answers questions from businesses.
A representative of the Customs Branch in Vietnam – Singapore Industrial Park answers questions from businesses.

At the conference, representatives of leaders of Binh Duong Customs Departments and attached divisions and units and leaders of Vietnam – Singapore Industrial Park Customs Branch, Viet Huong Industrial Park Customs Branch answered questions from businesses are related to labeling and origin of goods.

Specifically, Wipro Consumer Care Vietnam Company asked whether it is necessary to label goods when importing, because his company imports goods from abroad but then has to process them through many stages before selling them to the domestic market and exporting abroad.

Answering this question, a representative of Binh Duong Customs Department said that according to Decree No. 111/2021/ND-CP amending and supplementing a number of articles of Decree No. 43/2017/ND-CP. CP on goods labels, imported goods must have original label when going through customs clearance procedures into Vietnam. The original label of imported goods must show the following contents in foreign language or Vietnamese including: Name of goods; origin of goods.

If the origin cannot be determined, the place where the final stage of finishing the goods is performed must be shown according to the provisions of Clause 3, Article 15 of this Decree; and the name or abbreviated name of producer or the organization or individual in charge of the goods abroad must be shown.

The representative of Nitto Denko Vietnam Tape Materials Co., Ltd. raises a questions at the conference
The representative of Nitto Denko Vietnam Tape Materials Co., Ltd. raises a questions at the conference

Similarly, regarding the labeling and origin of goods of Behn Meyer Vietnam Co., Ltd., a representative of Binh Duong Customs Department said, the labeling must be made before selling the goods to the market.

If the goods are too small to be affixed with a label, the label must be affixed on the package. The Customs authority shall control the labeling and origin of goods at the beginning of importation in accordance with the provisions of law on labeling and origin on imported products. When the enterprise sells goods to the domestic market, the market surveillance agency shall inspect and control the labeling and origin of goods.

In addition, for exported goods, labeling will be carried out in accordance with the laws of the importing country. In case the origin of goods is shown on the label of exported goods, the label must state the origin of goods in accordance with the provisions of Clause 1, Article 15 of Decree 111/2021/ND-CP amending and supplementing a number of regulations. Article of Decree No. 43/2017/ND-CP and contents of the label of exported goods comply with the provisions of Clause 2, Article 18 of this Decree.

A representative of Binh Duong Customs Department also suggested that businesses should comply with regulations on labeling and origin of goods to avoid penalties. According to the Government's Decree No. 128/2020/ND-CP dated October 19, 2020 on penalties for administrative violations in the field of customs, related to the labeling of imported goods (except for fake goods, goods counterfeiting Vietnamese origin), the fine shall range from VND500,000 to VND30 million.

At the same time, remedial measures shall be applied, such as the enterprise shall be forced to take the infringing goods out of territory of the Socialist Republic of Vietnam or re-export of the infringing goods specified in this article within the time limit of sanctioning decision execution; forced to pay the money equal to the value of goods which have been illegally consumed, dispersed or destroyed.

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VCN - In the context of difficulties that greatly affect enterprises' production and import-export activities, Binh Duong ...

Speaking at the conference, Deputy Director of Binh Duong Customs Department Le Van Danh said, Binh Duong Customs Department is committed to creating maximum conditions for businesses to take advantage of new documents and policies on customs procedures in import and export activities. Further, after this conference, Binh Duong Customs Department shall continue to listen, share, accompany and appreciate the opinions of enterprises related to the issue of labeling and origin of goods; import-export goods, tax policies and customs procedures in order to promptly solve problems and difficulties, contributing to creating a favorable business environment, revitalizing import-export activities of enterprises after the pandemic as well as promoting development production and business development in the province.

By Thu Diu/ Huyen Trang

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