Thông tư 16/2011/TT-BKHCN

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE “REGULATION ON THE ISSUE, USE, AND MANAGEMENT OF CODES AND BARCODES” PROMULGATED TOGETHER WITH THE DECISION NO. 15/2006/QĐ-BKHCN DATED AUGUST 23^rd 2006 OF THE MINISTER OF SCIENCE AND TECHNOLOGY

Pursuant to the Government's Decree No. 28/2008/NĐ-CP dated March 14^th 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Resolution No. 67/NQ-CP dated December 24^th 2010, on the simplification of the administrative procedures under the management of the Ministry of Science and Technology;

Pursuant to the Prime Minister’s Decision No. 45/2002/QĐ-TTg dated March 17^th 2002, on the State management of codes and barcodes, and the State management agencies in charge of codes and barcodes;

At the proposal of the Director of the Directorate for Standards, Metrology, and Quality,

The Minister of Science and Technology prescribes:

Article 1. Amending and supplementing a number of articles of the “Regulation on the issue, use, and management of codes and barcodes” promulgated together with the Decision No. 15/2006/QĐ-BKHCN dated August 23rd 2006 of the Minister of Science and Technology as follows:

1. Clause 2 Article 7 is amended and supplemented as follows:

“2. A dossier of application for using codes and barcodes includes:

a) The application for using codes and barcodes, made according to the form prescribed in Annex I of this Regulation (02 copies);

b) The copies of the Certificate of business registration, applicable to the producers and traders, or the copy of the Establishment Decision, applicable to other organizations (the original must be presented for comparison, unless the copy has been authenticated (01 copy);

c) The registration sheet of the list of products that use GTIN, made according to the form prescribed in Annex II of this Regulation (02 copies).”

2. Clause 1 Article 9 is amended and supplemented as follows:

“1. Within 03 working days as from receiving the dossier, the Directorate for Standards, Metrology and Quality shall appraise the dossier of application for using codes and barcodes.

a) If the dossier is valid, the Directorate for Standards, Metrology and Quality shall issue the codes; record them into the register, the national bank of codes, and issue the certificate of the right to use codes and barcodes.

the dossier is not valid, the Directorate for Standards, Metrology and Quality shall request the organization/enterprise to supplement it.”

3. Clause 1 Article 11 is amended and supplemented as follows:

“1. The organization/enterprise that uses codes and barcodes shall pay the fee for issuing codes and barcodes when applying for the codes and barcodes, and the annual maintenance fee to the dossier-receiving agency as prescribed in the Circular No. 88/2002/TT-BTC dated October 02^nd 2002 on the “Regulation on the regime for collecting, paying, and managing the code and barcode issuing fee"; The Circular No. 36/2007/TT-BTC dated April 11^th 2007, amending and supplementing the Circular No. 88/2002/TT-BTC of the Ministry of Finance and relevant regulations.”

4. Article 15 is amended and supplemented as follows:

“Article 15. Transferring and authorizing the use of codes and barcodes and National codes

1. Organizations and enterprises must not transfer the right to use codes and barcodes issued by the Directorate for Standards, Metrology and Quality to another organization or enterprise.

2. When a organization/enterprise wishes to authorizes an establishment in its joint-venture or that process its products to use the codes and barcodes issued by the Directorate for Standards, Metrology and Quality to print on the products manufactured in a joint-venture or under a processing contract. The organization/enterprise must make a written authorization (letter of authorization, use contract, or other forms of authorization) certified by the Directorate for Standards, Metrology and Quality, and send to its partner as the proof of authorization.

3. Organizations and enterprises doing business in Vietnam’s territory must obtain the authorization from competent agencies of the home country, or a organization/enterprise being the owner of the National codes when printing National codes on their products, and must notify the use of such national codes to the Directorate for Standards, Metrology and Quality in writing, enclosed with a copy of the certificate of the right to use or the written authorization.”

5. Article 16 is amended as follows:

“An organization/enterprise wishes to stop using codes and barcodes must send written notification and the certificate of the right to use codes and barcodes to the Directorate for Standards, Metrology and Quality via the dossier-receiving agency. The Directorate for Standards, Metrology and Quality shall issue the decision on withdrawing the issued codes and the Certificate of the right to use codes and barcodes, notify the organization/enterprise that uses the codes and barcodes, and relevant organizations.

6. Article 20 is amended and supplemented as follows:

“The Directorate for Standards, Metrology and Quality is the agency that uniformly manage the data of code and barcode registration in Vietnam, and the use of National codes in Vietnam, organize the data utilization in accordance with the regulations of GS1 International Organization and Vietnam’s law”

7. Article 21 is amended and supplemented as follows:

“The Directorate for Standards, Metrology and Quality and the agencies that receive the dossiers of application for using codes and barcodes are responsible for preserve the confidentiality of the information about the applicants, except for the information that must be announced as required by the GS1 International Organization.”

8. Annex I and II promulgated together with the Decision No. 15/2006/QĐ-BKHCN are replaced with the Annex I and II promulgated together with this Circular; Annex III promulgated together with the Decision No. 15/2006/QĐ-BKHCN is annulled.

Article 2. The Directorate for Standards, Metrology, and Quality are responsible for guiding and organizing the implementation of this Circular.

Article 3.

1. This Circular takes effect on August 20^th  2011.

2. The Director of the Directorate for Standards, Metrology, and Quality, The Director of the Legal Department, relevant organizations and individuals are responsible for the implementation of this Circular./.