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Legal regulations on barcode registration for products

In the context of an increasingly competitive market and the strong trend toward digitalization in goods management, barcode registration for products has become an important requirement for manufacturing and trading enterprises.

I. Current issues relating to barcode registration for products

As the economy continues to develop and commercial activities expand significantly, barcode registration for products has become a common demand among enterprises engaged in the production and trading of goods. Barcodes not only serve as a tool for product identification within distribution systems but also help optimize goods management, inventory control, and product traceability.

In practice, together with the development of supermarket systems, convenience stores, e-commerce platforms, and modern retail chains, the requirement for barcode usage has become increasingly widespread. Many distribution systems currently only accept products bearing valid barcodes in order to ensure transparency in management and convenience in payment and inventory control processes. Therefore, enterprises wishing to expand their distribution markets, particularly by introducing products into modern retail systems, are almost compelled to implement barcode registration for their products.

However, practical experience shows that not all enterprises fully understand the legal nature or registration procedures relating to barcodes. Certain enterprises, particularly small enterprises and household business entities, still assume that barcode registration is unnecessary or that they may use barcodes provided by other entities. It leads to situations involving the use of invalid barcodes, duplicate barcodes, or barcodes not issued by competent authorities.

Furthermore, some enterprises have difficulties when implementing barcode registration procedures, particularly in preparing application dossiers, paying maintenance fees, or managing product code portfolios. Lack of understanding regarding barcode maintenance obligations may also result in the revocation or invalidation of barcode rights.

II. Concept of barcode registration for products

1. What is barcode registration for products?

Pursuant to Clauses 1 and 2, Article 3 of Circular No. 10/2020/TT-BKHCN:

A code is a sequence of numbers or letters used to identify products, services, locations, organizations, or individuals.
A barcode is a method of storing and transmitting information of a code through linear symbols (one-dimensional barcodes); dot matrix systems (Data Matrix, QR codes, PDF417, and other two-dimensional barcodes); radio frequency identification chips (RFID); and other identification technologies.

Accordingly, barcode registration for products may be understood as an administrative procedure implemented t by organizations or enterprises before a competent authority in order to obtain the right to use barcodes for identifying their products within goods management and circulation systems.

2. Why is barcode registration for products necessary?

Barcode registration for products provides numerous practical benefits to enterprises, distribution systems, and consumers.

First, barcodes improve goods management efficiency. Through barcode systems, enterprises can easily monitor inventory quantities, control import-export-sales activities, and minimize management errors.
Second, barcodes enhance market accessibility. Most supermarket systems, convenience stores, retail chains, and e-commerce platforms currently require products to bear valid barcodes. Therefore, barcode registration enables products to gain broader distribution opportunities.
Third, barcodes contribute to enhancing transparency and product traceability. Consumers may use barcode scanning applications to check basic product information, thereby increasing confidence in the brand.

In addition, the use of barcodes enhances professionalism in business operations and supports enterprises in digitalizing manufacturing and distribution management processes.

3. Does barcode registration for products lead to intellectual property rights?

Barcode registration for products does not lead to intellectual property rights over the products or brands of enterprises.

Objects protected under intellectual property law include trademarks, inventions, industrial designs, copyrights, and certain other protected subjects. Meanwhile, barcodes are merely tools for product identification and management within commercial circulation systems.
Once granted barcode rights, enterprises are only entitled to use the barcode issued by the competent authority for affixing to their products. Such right does not mean that the enterprise obtains exclusive rights over the products or brands associated with the barcode.
In other words, barcodes are not objects protected under intellectual property law but are merely technical tools serving product management and identification in commercial activities.

However, in business practice, barcodes are often used in conjunction with other intellectual property objects such as trademarks. Therefore, in order to better protect their lawful rights and interests, enterprises should conduct trademark registration in addition to barcode registration.

III. Legal regulations relating to barcode registration for products

1. What are the conditions for barcode registration for products?

Pursuant to Clause 1, Article 6 of Circular No. 10/2020/TT-BKHCN, the following entities may be granted a Certificate of Barcode Usage Rights:

Organizations and individuals that have not previously registered for barcode usage;
Organizations and individuals already granted a Certificate of Barcode Usage Rights and seeking reissuance in the following cases:
The allocated barcode capacity has been fully used;
Registration for additional GLN codes;
The Certificate of Barcode Usage Rights was revoked but the conditions for reissuance under the law have been satisfied;
The Certificate of Barcode Usage Rights has expired.

Accordingly, under current legal regulations, organizations and individuals wishing to use barcodes for product management and identification may proceed with registration procedures if they satisfy the above conditions and fully comply with the dossier and procedural requirements prescribed by competent authorities. It creates a legal basis for enterprises to obtain lawful barcode usage rights serving manufacturing, business, and product distribution activities in the market.

2. Are enterprises required to register barcodes for products?

At present, Vietnamese law does not mandate enterprises to use barcodes for their products.

However, under Point a, Clause 1, Article 28 of Decree No. 37/2026/ND-CP, which provides that where organizations or individuals use barcodes in accordance with the standards of the international barcode organization GS1 and bearing Vietnam’s national prefix code, manufacturing, trading, and service organizations or individuals are responsible for registering barcode usage with the competent state management authority through the National Public Service Portal.

Accordingly, although the law does not require all enterprises to register barcodes for products, where enterprises wish to use barcodes under the GS1 standard, registration becomes necessary to ensure legality and facilitate business operations.

3. How is the dossier for new barcode registration regulated?

Pursuant to Clause 2, Article 29 of Decree No. 37/2026/ND-CP, the application dossier for barcode usage rights must be submitted online and includes:

An electronic declaration form containing registration information in accordance with Form No. 5 of Appendix VII attached to the Decree. The contents of the electronic form must include mandatory information;
Use of the verified VNeID electronic identification account of the manufacturing or business organization/individual for implementing procedures for the grant of barcode usage rights. Where the VNeID account has not integrated necessary documents such as the Establishment Decision, Enterprise/Household Business Registration Certificate, Investment Registration Certificate, or equivalent documents, the applicant must provide electronic copies extracted from the original register or certified electronic copies from the originals of such documents.

After fully preparing the above documents, enterprises shall submit the online application through the public service system of the barcode management authority.

4. Procedures for granting a new Certificate of Barcode Usage Rights

Pursuant to Clauses 1 and 2, Article 31 of Decree No. 37/2026/ND-CP, the procedures for granting barcode usage rights are as follows:

The applicant organization submits the application dossier and selects the enterprise prefix type for registration: 12-digit, 10-digit, 9-digit, 8-digit, or 7-digit prefix;
The applicant selects the validity period of the barcode usage rights and pays barcode issuance fees in accordance with regulations;
Where the application dossier is incomplete, within 01 working day from receipt of the dossier, the processing authority shall notify the organization or individual to amend or supplement the dossier through the National Public Service Portal. Within 03 working days from the notification date, the organization or individual must amend or supplement the registered dossier;
Where the application dossier is complete and valid, and the applicant has paid the prescribed fees, the processing authority shall issue the electronic barcode usage rights within 07 working days, containing the contents prescribed in Form No. 6 of Appendix VII attached to the Decree.

IV. Questions relating to barcode registration for products

1. Can an enterprise authorize a service provider to implement barcode registration procedures for products?

An enterprise may fully authorize an organization or legal service provider to complete barcode registration procedures for products. Current laws do not restrict organizations or individuals from using representative or legal consultancy services to conduct administrative procedures relating to barcodes.

In practice, many enterprises choose to authorize service providers in order to save time, minimize errors during dossier preparation, and ensure that registration procedures are completed efficiently. When granting authorization, enterprises should prepare a power of attorney or service agreement authorizing the representative entity to perform tasks such as preparing application dossiers, submitting applications, and monitoring the processing status at competent authorities.

2. What is the validity period of barcode registration for products?

Pursuant to Clause 2, Article 31 of Decree No. 37/2026/ND-CP, the validity period of barcode usage rights shall be granted according to the registration made by the organization or individual. In cases where the organization or individual changes its name or address, the validity period of the barcode usage rights shall remain unchanged in accordance with the previous issuance.

3. Will an enterprise be subject to sanctions if it does not register barcodes for products?

Pursuant to Article 32 of Decree No. 119/2017/ND-CP, Clauses 55 and 56 Article 2 of Decree No. 126/2021/ND-CP, and Clause 2 Article 5 of Decree No. 126/2022/ND-CP regarding violations related to barcode usage:

A fine ranging from 2,000,000 VND to 5,000,000 VND may be imposed for failure to re-register with the competent authority when there are changes to the enterprise name or business address stated in the business license, or for failure to notify in writing when the Certificate of Barcode Usage Rights is lost or damaged;
A fine ranging from one to three times the barcode maintenance fee may be imposed for failure to pay barcode maintenance fees in accordance with regulations. The maximum fine is 50,000,000 VND.

Accordingly, in order to avoid legal risks during the circulation of goods, enterprises should register barcodes for products before placing products on the market.

4. Is it necessary to re-register barcodes for products when enterprise information changes?

Where an enterprise changes its registration information, such as the enterprise name, head office address, or information relating to the Enterprise Registration Certificate, the enterprise is not required to re-register the barcode from the beginning.

However, the enterprise must implement procedures to notify or update information with the barcode management authority in order to ensure that information relating to the barcode owner is accurately updated in the management system.

Timely information updates will help prevent issues arising during barcode management, particularly when enterprises participate in major distribution systems or engage in export activities.

5. Does barcode registration for products apply to imported goods?

For imported goods, barcode usage depends on the origin of the products and the owner of the barcode rights.

In many cases, imported products are already affixed with barcodes issued by foreign manufacturers in accordance with international GS1 standards. In such cases, Vietnamese importers are not required to register new barcodes for the products if they continue using the barcodes provided by the manufacturers.

However, where enterprises in Vietnam repackage products, manufacture products under private labels, or distribute products under their own trademarks, such enterprises must implement barcode registration procedures in order to create separate barcodes suitable for products circulated in the market.

V. Why should enterprises seek legal advice from NPLaw regarding barcode registration for products

Although barcode registration procedures for products are not overly complicated, enterprises are still required to understand legal regulations relating to standards, measurements, and barcode management. Lack of experience in preparing application dossiers or managing barcodes after issuance may cause enterprises to encounter various difficulties during business operations.

With a team of experienced lawyers and legal specialists, NPLaw provides consultancy and support services throughout the entire process of barcode registration and usage for products. When using services at NPLaw, enterprises may obtain benefits such as:

Comprehensive legal advice relating to barcode registration and usage;
Assistance in preparing and completing registration dossiers in compliance with regulations;
Representation before competent state authorities;
Consultancy on barcode management and maintenance after issuance;
Support in resolving legal issues arising during barcode usage.

With the principle of accurate consultancy, efficient procedures, and reasonable costs, NPLaw is committed to providing enterprises with effective legal solutions, ensuring that barcode registration procedures for products are conducted smoothly and in compliance with legal regulations.

The above information is provided for reference purposes only. Should clients require detailed advice for specific cases, please contact NPLaw Firm for immediate consultation.