ARTICLE NUMBER, BARCODE – RESPONSIBILITIES OF DISTRIBUTION ORGANIZATIONS?

In the context of modern commerce, the distribution of goods is closely associated with the system of article number, barcode to ensure product transparency and traceability. According to current legal regulations, those engaged in the distribution of goods with article number, barcode must also comply with certain management and control requirements to protect consumer rights, contribute to market stability, and prevent fraudulent activities.

Is it mandatory for products and goods to have article number, barcode?

The law of Vietnam does not mandate the use of article number or barcode in the supply chain. However, in line with practical needs, article number, barcode play a significant role in ensuring effective and transparent management and circulation of goods.

An article number is a sequence of numbers or letters used to identify a product, service, location, organization, or individual. A barcode is a method of storing and transmitting information from the article number through one of the following forms:

– Linear barcode symbols (one-dimensional barcode);

– A set of points (Data Matrix, QR code, PDF417, and other two-dimensional barcodes);

– Radio Frequency Identification (RFID) chip; and

– Other recognition technologies.

Individuals, enterprises engaging in production, trade, and services may choose whether or not to use barcode. However, it is important to note that, in cases where article number, barcode are used on products, not only the objects directly using the article number, barcode but also the distribution, circulation, and sale entities must be aware of the legal regulations concerning their responsibilities.

What responsibility does an organization engaged in distribution, circulation, and sale have regarding the article number, barcode on goods and products?

Pursuant to the provisions of Clause 4, Article 19b of Decree 74/2018/ND-CP amending Decree 132/2008/ND-CP guiding the Law on Product and Goods Quality, the responsibilities of organizations involved in the distribution, circulation, and sale of products and goods are as follows:

– To inspect and control the quality and legality of the article number and barcode on goods before they are put into circulation;

– Not to distribute, circulate, or sell products, goods, or items using article number, barcode that does not comply with regulations.

What article number, barcode are considered compliant with regulations?

Article number, barcode must comply with the regulations corresponding to each type:

– In the case of article number, barcode according to the GS1 standard with the Vietnam country prefix “893”: the article number and barcode must be registered for use in accordance with regulations; created and associated with the ownership information of the organization; unique and of guaranteed quality; printed on the packaging of the product or goods in accordance with the prescribed standards, etc.

– In the case of article number, barcode not following the GS1 standard: they must comply with the technical standards and regulations regarding the type of article number and barcode being used; must not cause duplication or confusion with article numbers or barcodes following the standards of the international GS1 organization.

In this context, “GS1” is the abbreviation for the international Article Numbering and Barcode Organization, which develops and publishes international standards for article numbers and barcodes, and specifies the procedures for managing, using, and providing related services. The GS1 organization has representatives in each country, with GS1 Vietnam being the representative in Vietnam, using the country prefix “893”.

How are violations regarding article number, barcode by distribution, circulation, and sales businesses penalized?

According to Article 32 of Decree 119/2017/ND-CP on the handling of administrative violations in the field of standards, measurement, and product and goods quality, businesses involved in the sale of goods violating regulations on article numbers and barcodes may be fined from VND500,000 to VND15,000,000, depending on the severity of the violation.

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