You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 13, 2021

Thailand’s Industrial Standards Body Grants Six-Month Extension on New Labeling Requirements

The Thai Industrial Standards Institute (TISI) has postponed a requirement to display QR codes next to the Thailand Industrial Standards (TIS) logo on certain product labels, linking to each product’s licensing information. Originally scheduled to take effect on January 21, 2021, TISI has agreed to extend this implementation date by a further six months owing to complexities involving product labeling and the COVID-19 pandemic. Manufacturers and importers therefore have an extra six months to prepare for compliance with the new regulations, which will now come into force on July 20, 2021.

Thailand’s Ministry of Industry (MOI) requires various manufactured goods, such as gas water heaters, fans, light bulbs, rice cookers, fuel oils, toys, and so on, to meet Thailand’s industrial standards before they are imported or manufactured domestically. The standards, governing product qualities such as design, shape, manufacturing process, durability, safety, and packaging, are laid out in the Industrial Product Standards Act (No. 6) B.E. 2548 (2005) and overseen by the TISI (which operates as part of the MOI). As the MOI prescribes these compulsory standards, via TISI, to ensure product safety and prevent harm to consumers and the public, once a product becomes subject to them it cannot be manufactured or imported without an appropriate license from TISI. Such products must display the TIS logo on their labels.

However, many products have been found to display the TIS logo dishonestly—that is, without having been evaluated or licensed by TISI. To deal with this dishonest use of the TIS logo, MOI Regulation Re: Format and Methods to Label and Use Markings on Industrial Products B.E. 2563 (2020) was issued in July 2020, mandating that various household appliances and other approved goods display a QR code linking to the TISI license information.

With the postponement of this regulation, all affected companies should take the opportunity to use the additional time to review their labeling standards and make any necessary preparations in advance of the new implementation date (July 20, 2021) to ensure that their product labels comply with the requirements of the ministerial regulation.

For more details on compliance with this or any other regulatory requirements, please contact Tilleke & Gibbins’ Bangkok office at [email protected] or +66 2056 5555.

RELATED INSIGHTS​ 

July 23, 2021
To enforce more rigorous control of cross-border advertising activities, the Vietnamese government issued Decree No. 70/2021/ND-CP dated July 20, 2021 (Decree 70), amending and supplementing provisions of Decree No. 181/2013/ND-CP dated November 14, 2013, elaborating on some articles of the Law on Advertising. Decree 70 will take effect on September 15, 2021. According to the Deputy Director of the Authority of Broadcasting and Electronic Information, Decree 70 will allow better control over cross-border advertisement on platforms such as Facebook or YouTube. To that end, Decree 70 stipulates new obligations for these providers while also consolidating executive authority over cross-border advertising activities under the Ministry of Information and Communications (MIC). Revised Obligations for Cross-Border Advertising Services Significantly, Decree 70 overhauls Article 13, which provides the definitions and obligations for cross-border advertising service providers. Accordingly, cross-border advertising services are explained as the utilization of websites hosted outside Vietnam to provide ads targeted at Vietnamese consumers and obtain revenue in Vietnam. Notably, Article 13 defines such websites as a “single or multi-website system …  providing users with services for storage, provision, use, search, or exchange of information, sound or image sharing, forum creation, or live chat to supply advertising services.” This would effectively encompass many types of online environments, specifically social network sites, such as Facebook. In addition, more entities will be taxed on cross-border advertising revenue under Article 13, including not only service providers but also both domestic and overseas advertisers. Under Decree 70, cross-border advertising services must comply with Vietnam’s cybersecurity and intellectual property laws in addition to the Law on Advertising. Decree 70 requires foreign providers of cross-border advertising services to supply the MIC with direct contact information 15 days before commencing cross-border advertising activities in Vietnam. Domestic advertising service providers that cooperate with foreign entities to provide cross-border