MANAGEMENT OF PRODUCT ORIGIN TRACING

This Circular provides for the management of product origin tracing, including: state management of product origin tracing; regulations on the assurance of data connection and sharing of product origin tracing systems; management of the use of product tracing codes, location tracing codes, and data carriers; responsibilities of organizations and individuals conducting the product origin tracing; responsibilities of organizations and individuals providing services and solutions to origin tracing of products and implementing and conducting the product origin tracing.

This Circular applies to:

1. Organizations and individuals providing product origin tracing services.    

2. Organizations and individuals providing services and solutions concerning the origin tracing of products.

3. State authorities and relevant organizations and individuals.

For the purpose of this Circular, the following terms shall be construed as follows:

1. Origin tracing refers to the supervision and determination of a unit of product or service through each state according to the time and location of production, processing, retention, preservation, transport, distribution, and trading processes.  

2. Origin tracing system refers to a system that includes the activities of identifying products and collecting and retaining information on the statuses of products according to the time and location to manage the information on product quality and safety.

3. Product tracing code is a sequence of numbers or numbers and letters used for the identification of products in stages of production and trading during the origin tracing process.

4. Location tracing code is a sequence of numbers and letters used for the identification of the location where the production and trading stages take place during the origin tracing process. 

5. Tracing code is a final identification code in each stage of the origin tracing process (including a sequence of numbers of consecutive numbers and letters formed from the product tracing code, location tracing code, consignment/batch number of the product, and time of the event), encrypted in a data carrier with public and transparent display of information on products on the market, providing information for origin tracing.

6. Traceability data carrier is a piece of equipment or object that contains data (stamp, label, card, and other appropriate equipment or object), ensuring the readability of related devices.

7. Traceability data is data from different parts and processes within the determined origin tracing scopes. The traceability data includes data on the quality and safety of products and fundamental information.

8. “Một bước trước - một bước sau” (One step forward - one step back) Principle means organizations and individuals must retain information to ensure the capacity for supervising and identifying previous production and trading stages and following production and trading stages during production and trading processes of a product undergoing origin tracing.

9. National Product origin tracing Portal includes systems of hardware, software, and databases for the provision of information on the origin of products capable of connecting information with origin tracing systems of ministries managing related industries and sectors, local authorities, agencies, organizations, enterprises, and international systems.

1. Organizations and individuals producing products prescribed in Clause 4 Article 19dd of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government of Vietnam, amended by Clause 3 Article 1 of Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government of Vietnam shall conduct product origin tracing following this Circular.

2. Organizations and individuals engaging in the production, trading, and services concerning products not prescribed in Clause 1 of this Article may choose to conduct origin tracing according to this Circular in case of necessity.

3. Organizations and individuals engaging in the production, trading, and services that wish to connect to the National Product Origin Tracing Portal shall implement this Circular.

4. It is mandatory to comply with confidentiality laws during product origin tracing and connection with the National Product Origin Tracing Portal.

1. Organizations and individuals conducting product origin tracing shall ensure that the product and location tracing codes are in conformity with the National Standard TCVN 13274:2020 on traceability - guidelines for formatting tracing codes disclosed by the Ministry of Science and Technology of Vietnam before putting them to use.

2. Organizations and individuals conducting product origin tracing shall use data carriers conforming with the National Standard TCVN 13275:2020 on traceability – the format of data carriers disclosed by the Ministry of Science and Technology of Vietnam.  Data carriers shall be glued, printed, attached, molded, or engraved directly on products, commercial packaging of products, or other materials attached to products and commercial packaging of products, ensuring that related devices can read such data carriers.

1. A product origin tracing system shall ensure the following principles:

a) “Một bước trước - một bước sau” (One step forward - one step back): assurance of the capacity for supervising and identifying previous and following production and trading stages during production and trading processes of a product;

b) “Sẵn có của phần tử dữ liệu chính” (Master data element availability): master data elements shall be collected, retained, and updated promptly in reports on detailed information on important events in the production process and the supply chain;

c) “Minh bạch” (Transparency): the origin tracing system shall meet the requirements for mandatory transparency equivalent to the use of static data on clients, suppliers, products, and production conditions;

d) “Sự tham gia đầy đủ các bên truy xuất nguồn gốc” (Adequate participation of origin tracing parties): the origin tracing system shall have the adequate participation of origin tracing parties of the organization.

2. Product origin tracing systems of organizations and individuals shall ensure the adequacy of origin tracing according to national standards, national technical regulations, international standards, and regional standards corresponding to types of products. The mentioned systems shall be disclosed in conformity with the respective technical standards and regulations. The basis for the conformable disclosure shall be based on the self-assessments of organizations and individuals or certification results of designated certification organizations according to laws.

3. Traceability data of each product in the product origin tracing system shall include the following mandatory information:

a) Name of the product;

b) Images of the product;

c) Name of the unit of production and trading;

d) Address of the unit of production and trading;

dd) Production and trading stages (including the following mandatory information: product tracing codes, location tracing codes, and time of origin tracing of each stage);

e) Time of production and trading (the time when origin tracing takes place);

g) Tracing code of the product;

h) Brand, trademark, code, and serial number of the product (if any);

i) Expiry date of the product (if any);

k) Applied national standards, national technical regulations, international standards, regional standards, and local standards.

4. To connect to the National Product Origin Tracing Portal, the product origin tracing system shall contain the mandatory information prescribed in Clause 3 of this Article.

5. Traceability data of products serving consumers' lookup on the National Product Origin Tracing Portal shall include the following mandatory information:

a) Names of products;

b) Images of products;

c) Names of units of production and trading;

d) Addresses of units of production and trading;

dd) Time of production and trading (the time when origin tracing takes place);

e) Brands, trademarks, codes, and serial numbers of the products (if any);

g) Expiry dates of products (if any).

6. Products in each event after each stage shall be designated with tracing codes for origin tracing.  Tracing codes shall be encrypted in data carriers.

7. Data carriers used for origin tracing shall comply with Clause 2 Article 5 of this Circular.  Decrypted information shall include the mandatory information prescribed in Clause 5 of this Article.  The minimum retention time of traceability data for each type of product shall comply with the regulations of ministries managing related industries and sectors.

1. Implement Clause 1 and Clause 4 Article 19dd of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government of Vietnam, amended by Clause 3 Article 1 of Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government of Vietnam.

2. Assign the Directorate for Standards, Metrology and Quality to operate as a standing authority to assist the Ministry of Science and Technology of Vietnam in implementing the state management of product origin tracing, specifically:

a) Preside over and guide the application and organization of dissemination, universalization, training, and implementation of activities concerning product origin tracing;

b) Develop, operate, and administer the National Product Origin Tracing Portal;

c) Preside over the research and development of technical solutions to the assurance of the capacity for interacting, exchanging, and connecting traceability data with the National Product Origin Tracing Portal; assist organizations and individuals in maintaining data on the National Product Origin Tracing Portal;

d) Designate organizations to certify product origin tracing systems according to laws;

d) Inspect and examine product origin tracing.

3. Before December 25 every year or upon request, submit reports to the Prime Minister of Vietnam on the implementation of product origin tracing.

1. Implement Clause 2 and Clause 4 Article 19dd of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government of Vietnam, amended by Clause 3 Article 1 of Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government of Vietnam.

2. Develop schemes, programs, and implementation plans and allocate necessary resources for the implementation of activities concerning product origin tracing within their jurisdiction.

3. Take charge and cooperate with the Ministry of Science and Technology of Vietnam and relevant ministries and central authorities in inspecting and examining product origin tracing within their jurisdiction.

4. Take charge and cooperate with the Ministry of Science and Technology of Vietnam (through the Directorate for Standards, Metrology and Quality) in managing traceability information at ministries managing related industries and sectors; provide and look up information on the National Product Origin Tracing Portal to serve the state management at ministries managing related industries and sectors.

5. Annually or upon request, submit reports on the implementation of product origin tracing at ministries managing related industries and sectors following the form prescribed in the Appendix enclosed herewith to the Ministry of Science and Technology of Vietnam (through the Directorate for Standards, Metrology and Quality) for summary and report to the Prime Minister of Vietnam.  The time to finalize data, the time limit for submitting reports, and the methods of submitting and receiving reports shall comply with Circular No. 13/2021/TT-BKHCN dated December 30, 2021 of the Minister of Science and Technology of Vietnam.

1. Implement Clause 3 Article 19dd of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government of Vietnam, amended by Clause 3 Article 1 of Decree No. 13/2022/ND-CP dated January 21, 2022 of the Government of Vietnam.

2. Assign authorities to consult and assist People’s Committees of provinces and centrally affiliated cities in implementing the local state management of product origin tracing according to Clause 13 Article 8 of Decree No. 24/2014/ND-CP dated April 4, 2014 of the Government of Vietnam, specifically:

a) Take charge and cooperate with the Directorate for Standards, Metrology and Quality in guiding the local application and organization of dissemination, universalization, training, implementation, and management of origin tracing; cooperate with the Directorate for Standards, Metrology and Quality in utilizing, providing, and looking up information on the National Product Origin Tracing Portal for local state management;

b) Take charge and cooperate with the Directorate for Standards, Metrology and Quality and relevant authorities in managing, inspecting, and handling violations of regulations on product origin tracing in their areas;

c) According to local situations, develop annual, medium-term, and long-term implementation plans and estimates of necessary resources for the implementation of local activities concerning product origin tracing and submit reports on such plans and estimates to the People's Committees of provinces and centrally affiliated cities for consideration and approval;

d) Have appropriate schemes to encourage, attract, and assist local enterprises in developing product origin tracing systems from their resources and other support sources; and submit reports on such schemes to the People's Committees of provinces and centrally affiliated cities for consideration and decision.

3. Annually or upon request, submit reports on the local implementation of product origin tracing following the form prescribed in the Appendix enclosed herewith to the Ministry of Science and Technology of Vietnam (through the Directorate for Standards, Metrology and Quality) for summary and report to the Prime Minister of Vietnam.  The time to finalize data, the time limit for submitting reports, and the methods of submitting and receiving reports shall comply with Circular No. 13/2021/TT-BKHCN dated December 30, 2021 of the Minister of Science and Technology of Vietnam.

1. Comply with this Circular.

2. Appropriately disclose product origin tracing systems according to respective national standards, national technical regulations, international standards, and regional standards.

3. Take legal liability for information on product origin tracing prescribed in this Circular.

4. Be under the inspection, examination, and supervision of product origin tracing authorities as prescribed by laws.

5. In case of connecting information to the National Product Origin Tracing Portal, data on product origin tracing prescribed in Clause 5 Article 6 of this Circular shall be promptly updated according to each stage of production and trading on the National Product Origin Tracing Portal; organizations and individuals shall cooperate with the Directorate for Standards, Metrology and Quality in implementing and ensuring the maintenance of data on the National Product Origin Tracing Portal.

1. Provide product origin tracing services and solutions conforming with this Circular's requirements.

2. Take legal liability for the services and solutions provided to organizations and individuals concerning product origin tracing.  If organizations and individuals providing product origin tracing services and solutions wish to connect to the National Product Origin Tracing Portal, cooperate with the Directorate for Standards, Metrology and Quality in implementing and ensuring the maintenance of data on the National Product Origin Tracing Portal.

3. Be under the inspection, examination, and supervision of product origin tracing authorities as prescribed by laws.

This Circular comes into force as of June 1, 2024. 

If organizations and individuals that have developed and operated product origin tracing systems before the effective date of this Circular wish to connect to the National Product Origin Tracing Portal, comply with Article 6 of this Circular.

1. The Directorate for Standards, Metrology and Quality shall guide and organize the implementation of this Circular. 

2. If any legislative document cited in this Circular is amended, supplemented, or replaced, comply with its new edition.  If any standard cited in this Circular is amended, supplemented, or replaced, comply with the guidelines of the Ministry of Science and Technology of Vietnam. 

3. Difficulties arising during the implementation of this Circular shall be promptly reported in writing to the Ministry of Science and Technology of Vietnam (through the Directorate for Standards, Metrology and Quality) for guidelines or appropriate amendments.

4. Ministries, ministerial agencies, governmental agencies, People’s Committees of provinces and centrally affiliated cities, and relevant organizations and individuals shall implement this Circular./.