IS IT LAWFUL FOR USING FOREIGN BARCODE?

My company wants to import milk from another country to Vietnam. On the package of the product, there are some foreign barcode GS1. I would like to ask if my company can use these barcodes without using the Vietnamese barcode? Thank you.

FDVN’s Opinions:

Thank you for concerning FDVN legal services. Basing on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

According to Clause 2, Article 19b of Decree No. 74/2018/NĐ-CP providing specific guidance on enforcement of the Law on the Quality of Products and Goods:

“2. Organizations’ foreign codes compliant with GS1 standards shall assume the following responsibilities:

a) Ensure that their codes or barcodes are issued by foreign competent authorities or used according to a foreign code owner’s authorization;

b) In case of being authorized by an owner of a foreign code, these organizations using foreign codes must inform competent regulatory authority to get confirmation of the use of the foreign codes.”

Accordingly, if your company wants to use products with foreign barcodes under the standards of GS1, it must be granted by a foreign competent authority or authorized by the owner of the foreign code to use these codes. In the case of being authorized by the owner to use a foreign barcode, your company must notify the competent state management agency for confirmation of the use of the foreign barcode.

Application and procedures for issue of the Certificate of code or barcode use right are stipulated in 19c Nghị định số 74/2018/NĐ-CP:

- Application form for use of codes or barcodes as per the regulations;

- Copy of the enterprise registration Certificate, investment registration Certificate, or the Establishment Decision.

- List of foreign bar codes required for the confirmation.

Above is FDVN Law Firm's opinion for your request of a consultant based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Ngô Thị Mỹ Trâm – FDVN Law Firm

Case law situation:

The court ruled to postpone the hearing and the reason for the postponement of the court hearing was not caused by the fault of the involved parties (the plaintiff, the defendant, the persons with related rights and obligations) or the representative, the lawyer protecting lawful rights and interests. The court was re-opened, however, the involved party or the legal representative, the lawyer protecting lawful rights and interests of the involved party were absent from the hearing.

Legal Solution:

The court must determine that this situation is where the legal representative, the lawyer protecting lawful rights and interests of the involved party, who were properly summonsed, was absent for the first time from the court hearing.

Link for download: CASE LAW NO.12/2017/AL ON DETERMINATION OF THE SITUATION WHERE THE INVOLVED PARTY IS PROPERLY SUMMONSED FOR THE FIRST TIME AFTER THE COURT POSTPONED THE HEARING

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