Labeling regulations in RCEP markets are becoming increasingly diverse and distinct, requiring enterprises to proactively update them to meet technical requirements and avoid commercial risks.

TBT and SPS: Two technical requirements running parallel in exports

In the context of increasingly deep and wide international economic integration, technical regulations in trade—especially requirements on product labeling and packaging—are becoming key factors determining an enterprise's ability to access export markets.

At the Conference on “Updating and Disseminating Information on Food Safety and Animal and Plant Health (SPS) Regulations within the RCEP Agreement and China's Decree No. 280,” Ms. Ton Nu Thuc Uyen, Deputy Head of the Standards Department under the National Commission for Standards, Metrology and Quality of the Ministry of Science and Technology, stated that TBT (Technical Barriers to Trade) is a system of regulations related to standards, technical regulations, labeling, packaging, and quality management requirements for goods circulating in the international market. Along with SPS (Sanitary and Phytosanitary measures), these are two important sets of technical tools that enterprises must comply with when participating in global trade.

According to Ms. Uyen, if SPS focuses on food safety and animal and plant quarantine, TBT covers technical requirements such as standards, regulations, labeling, packaging, and traceability. “These two groups always run parallel in export activities,” she emphasized.

Vietnam officially became a member of the World Trade Organization (WTO) in January 2007. Upon accession, Vietnam committed to fully implementing the TBT Agreement without a transition period, thereby requiring the synchronous improvement of the domestic legal system to match the integration process.

Currently, the legal foundation in this field includes the Law on Standards and Technical Regulations and the Law on Product and Goods Quality. Both laws were amended and supplemented in June 2025 to continue perfecting the legal corridor, aligning with integration realities and new management requirements. Concurrently, the Government has issued numerous decrees and decisions to deploy TBT commitments within the WTO and various free trade agreements, including RCEP.

In practical agricultural exports, TBT and SPS always run hand in hand. If SPS concerns food safety and animal and plant quarantine, TBT concentrates on the technical requirements of commodities.

Ms. Uyen cited that with shrimp exported to the United States, enterprises must not only satisfy quarantine and food safety requirements under SPS but also comply with regulations regarding size, packaging, and labeling under TBT. In this market, shrimp size regulations are standardized very specifically, such as U10 or size 12/25, requiring the count of shrimp within each packaging unit to precisely match standards to clear customs and enter distribution.

“That is the reason why TBT and SPS always run parallel in export activities,” Ms. Uyen emphasized once more, adding that while SPS aims for food safety, TBT aims for cargo information transparency and limiting the risk of causing confusion for consumers. For instance, with coffee, while quarantine authorities focus on pesticide residues, TBT requires accurate labeling, appropriate packaging, and full disclosure of product information.

Also according to Ms. Uyen, standards are voluntary, whereas technical regulations are mandatory; once institutionalized into law, enterprises must comply. This principle helps increase proactivity in production and ensures state management requirements, while international standards serve as an important reference point to balance protecting national interests and promoting transparent, favorable trade.

Major differences in labeling regulations among markets

One of the issues drawing specific interest from enterprises is the variation in labeling regulations among distinct export markets.

In South Korea, for certain concentrated juice products declaring "100%", the use of additives is still possible in some cases while remaining permitted to be labeled as 100%. In contrast, the European Union (EU) applies stricter regulations, requiring products labeled 100% to be completely pure, with no added additives allowed.

For beverages containing caffeine, South Korea stipulates that the content must not exceed 0.15 mg/ml. If this threshold is crossed, enterprises are mandatory required to display the information clearly on the label for consumers to note.

This country is also considering amending labeling regulations for genetically modified organisms (GMOs), expanding the scope of application to several product groups such as cooking oil, soy sauce, and sugar. Notably, even if the final product does not detect modified DNA, enterprises may still face labeling obligations if the input raw materials are relevant.

Furthermore, South Korea has deployed the “e-label” format—electronic labeling, allowing the integration of QR codes to provide further information on origin and production processes. In Australia, the labeling system focuses on approximately eight basic information groups. This is also a market recording a step forward for Vietnamese agricultural products, as fresh pomelo fruits were displayed for sale in Sydney for the first time.

According to Ms. Uyen, within the WTO framework, around 4,000–5,000 notifications concerning TBT measures are issued, amended, or supplemented by member nations annually. This is a critical information source but also poses a massive challenge if enterprises fail to keep up.

Currently, Vietnam is fully executing transparency mechanisms under international commitments, while continuing to perfect relevant legal systems to elevate management and enforcement efficiency. Ms. Uyen noted that if enterprises do not proactively update information, they will face many difficulties when exporting to WTO markets, which account for a major proportion of global trade.

In addition, reality shows that many trade concerns and disputes arise right from the draft stage of technical regulations. If enterprises only react once regulations are enacted and take effect, the ability to adjust will be highly limited. Therefore, enterprises need to proactively monitor and participate in contributing opinions right from the policy-building phase, while effectively exploiting the WTO's TBT database to update information promptly. “Being proactive from early on will help enterprises minimize risks and better utilize opportunities from export markets,” Ms. Uyen stressed.

Every year, WTO member countries enact and notify around 4,000 to 5,000 new technical measures, including standards, regulations, and conformity assessment procedures. If enterprises do not update them in time, they will encounter immense hardships when accessing export markets.

Source: Bao Cong Thuong