Through inspecting the original label sent by the partner before delivery to Vietnam, the enterprise found that the goods label contains the contents specified in Clause 2, Article 42 of Decree No. 37/2026/ND-CP dated January 23, 2026 of the Government but lacks the content "Origin of goods".
In the case where goods have arrived at a Vietnamese port and are awaiting customs clearance, can the label be supplemented or corrected before the goods are circulated in the Vietnamese market?
What is the original label of goods?
Article 3 of Decree 37/2026/ND-CP stipulates that a goods label is a written, printed, drawn, or photocopied version of words, drawings, images, or data carriers that are affixed, printed, attached, cast, engraved, stamped, attached, or displayed directly on the goods, the commercial packaging of the goods, or on other methods attached to the goods, the commercial packaging of the goods.
The original label of goods is the label first appearing on the goods, the commercial packaging of the goods.
On September 16, 2026, the General Department of Customs issued Official Letter 21814/CHQ-GSQL providing guidance on the case where the original label of imported goods does not show the origin of goods.
Specifically, the General Department of Customs stated that Clause 2, Article 42 of Decree No. 37/2026/ND-CP stipulates the original label of goods imported into Vietnam.
Accordingly, the original label of goods imported into Vietnam must show the following contents in a foreign language or Vietnamese when carrying out customs clearance procedures, including: name of goods; origin of goods; full name or abbreviated name and address of the organization or individual manufacturing or the organization or individual responsible for the goods abroad, and other contents as prescribed.
For goods imported into Vietnam that have an original label in a foreign language as prescribed, the importing organization or individual must supplement the goods label written in Vietnamese as prescribed before putting the goods into circulation in the Vietnamese market.
The General Department of Customs determined that the original label of imported goods not stating the origin of goods when carrying out customs clearance procedures is not in accordance with regulations.
To limit risks, importing units should request partners to send images or label designs in advance, and fully cross-check the mandatory contents before packing the goods.
Regarding remediation of consequences for the case of not recording sufficient mandatory contents on the original label of imported goods when carrying out customs clearance procedures, the General Department of Customs recommends studying the provisions in Clause 8, Article 31 of Decree No. 119/2017/ND-CP dated November 1, 2017, as amended and supplemented in Clause 54, Article 1 of Decree No. 126/2021/ND-CP stipulating administrative penalties for violations in the field of industrial property; standards, measurement and quality of products and goods; scientific and technological activities, technology transfer; atomic energy.
The specific provisions are as follows:
Article 31. Violations of regulations on mandatory contents on goods labels or mandatory contents that must be shown on labels according to the nature of goods
[...]
4. The fine levels for acts of trading goods that, according to regulations, must have a goods label but do not have a goods label; do not have an original label or have an original label but do not record sufficient or correct mandatory contents on the goods label, or have been changed, are stipulated as follows:
[...]
8. Remedial measures:
a) For violations stipulated in Clauses 1, 2 and 4 of this Article, they shall be implemented in the following order of priority: forced removal from the territory of the Socialist Republic of Vietnam or forced re-export for imported goods; forced recall of goods and forced labeling of goods in accordance with regulations before continuing circulation; forced recall and destruction of violating goods labels, forced destruction or conversion of the purpose of use of goods with violating labels in cases where the violating goods label cannot be separated from the goods;
b) Forced recall of goods and forced removal of images, words, signs, symbols, medals, awards and information that is not true to the nature or truth about such goods; forced recall and destruction of expired goods, goods with fraudulent expiration dates for violations stipulated in Clause 3 of this Article;
c) Forced payment of an amount equal to the value of exhibits and means of administrative violations that have been consumed, dispersed, or destroyed in violation of legal regulations for violations stipulated in this Article.
Thus, an original label lacking origin information does not meet the requirements for carrying out customs clearance procedures. The origin must be shown on the original label at the time of carrying out procedures; it does not fall under the case of being cleared first and then only supplementing the origin with a secondary label afterwards.
For imported goods with an original label in a foreign language and that already show all mandatory contents, the importing organization or individual must supplement a label written in Vietnamese before putting the goods into circulation in the Vietnamese market. The content written in Vietnamese must correspond to the mandatory information on the original label and comply with regulations for each type of goods.
