Thông tư liên tịch 10/2006/TTLT-BYT-BTM-BVHTT-UBDSGĐTE của Bộ Y tế, Bộ Thương mại, Bộ Văn hoá-Thông tin và Uỷ ban Dân số Gia đình và Trẻ em về việc hướng dẫn thi hành Nghị định số 21/2006/NĐ-CP ngày 27/02/2006 của Chính phủ về kinh doanh và sử dụng các sản phẩm dinh dưỡng dùng cho trẻ nhỏ

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 21/2006/ND-CP OF FEBRUARY 27, 2006, ON TRADING IN AND USE OF NUTRITIOUS PRODUCTS FOR BABIES

Pursuant to the Government's Decree No. 21/2006/ND-CP of February 27, 2006, on trading in and use of nutritious products for babies, the Health Ministry, the Trade Ministry, the Culture and Information Ministry and the Committee for Population, Family and Children hereby jointly guide the implementation thereof as follows:

I. GENERAL PROVISIONS

1. The trading in and use of nutritious products for babies must comply with the provisions of the Government's Decree No. 21/2006/ND-CP of February 27, 2006, on trading in and use of nutritious products for babies (hereinafter called Decree No. 21/2006/ND-CP for short), the provisions of legal documents on trade, advertisement, goods quality, goods labels and other relevant legal documents.

2. This Circular shall apply to:

a/ Enterprises producing and trading in nutritious products for babies, including their representative offices and individuals operating in the name of such enterprises;

b/ Private business households and individuals trading in nutritious products for babies;

c/ Organizations and individuals providing advertising services;

d/ Medical examination and treatment establishments defined in Clause 7, Article 2; medical doctors and personnel defined in Clause 8, Article 2 of Decree No. 21/2006/ND-CP;

e/ State management bodies, state agencies involved in the management of nutritious products for babies.

II. INFORMATION, EDUCATION, COMMUNICATIONS

1. Contents of information, educational and communication documents on breastfeeding benefits and nurturing of babies shall strictly comply with the provisions of Articles 3 and 4 of Decree No. 21/2006/ND-CP; information, educational and communication documents on the use of nutritious products for babies must strictly comply with the provisions of Article 5 of Decree No. 21/2006/ND-CP.

2. Organizations and individuals producing and/or trading in nutritious products for babies may supply medical examination and treatment establishments, and their medical doctors and personnel with authentic, truthful and accurate scientific documents and information and the proper ways of using nutritious products for babies. On these documents, the following phrase must be clearly printed "For use by medical doctors and personnel only."

3. Medical doctors and personnel shall have to guide the proper use of nutritious products for babies for mothers or members of their families as provided for at Point b, Clause 1, Article 12 of Decree No. 21/2006/ND-CP, in the following special cases:

a/ Babies whose mothers suffer serious illness and are unable to breastfeed their babies or express her milk.

b/ Babies whose mothers are treated with X-ray or using anti-breastfeeding drugs such as anti-thyroid drugs, cancer drugs.

c/ Babies whose mothers are infected with HIV.

d/ Babies suffering digestion-related diseases and unable to absorb breastmilk.

III. ADVERTISEMENT

The advertisement of milks for babies aged between over 12 months and 24 months must meet the conditions specified in Clauses 2 and 3, Article 6 of Decree No. 21/2006/ND-CP as follows:

1. The obligatory contents at the beginning of advertisements: "Breastmilk is best for the health and allsided development of babies" must satisfy the following requirements:

a/ For advertisements on the visual press with images only and no words, the content "Breastmilk is best for the health and allsided development of babies" must be clearly shown in words for a length of time enough for viewers to read. For advertisements using both images and words, the content "Breastmilk is best for the health and allsided development of babies" must be clearly shown in words and clearly and coherently read so that viewers can read and hear it.

b/ For advertisements on the audio press, the content "Breastmilk is best for the health and allsided development of babies" must be clearly and coherently read so that listeners can hear it.

c/ For advertisements on the printed press, electronic press, publications, boards, signboards or on other advertising means, the content "Breastmilk is best for the health and allsided development of babies" must be clearly shown so that viewers can read it.

2. Organizations and individuals registering advertisements, organizations and individuals providing advertising services shall, apart from the provisions of Clause 1 of this Section, have to comply with the provisions of Joint Circular No. 01/2004/TTLT-BVHTT-BYT of January 12, 2004 of the Culture and Information Ministry and the Health Ministry, guiding advertising activities in the medical field and other legal provisions on advertisement.

IV. TRADING IN NUTRITIOUS PRODUCTS FOR BABIES

1. Nutritious products for babies, before being marketed, must have their standards announced at the Health Ministry (the Food Hygiene and Safety Department).

2. Labels of nutritious products for babies, feeding bottles and rubber teats must comply with the provisions of Articles 8 and 9 of Decree No. 21/2006/ND-CP and other legal provisions on goods labeling.

V. RESPONSIBILITIES OF THE HEADS, MEDICAL DOCTORS AND PERSONNEL OF MEDICAL EXAMINATION AND TREATMENT ESTABLISHMENTS

1. Heads of medical examination and treatment establishments, medical doctors and personnel working at such establishments shall have to implement:

a/ The provisions of Articles 11 and 12 of Decree No. 21/2006/ND-CP;

b/ Ten conditions on successful breastfeeding in medical examination and treatment establishments (see the Appendix to this Circular).

2. The Health Ministry shall check the implementation of 10 conditions on breastfeeding in medical examination and treatment establishments, thereby considering the grant of certificate of "Baby-friendly Hospital." In the course of examination and inspection, if medical examination and treatment establishments, which have been granted such certificates, are detected to have failed to comply with the conditions prescribed in Clause 1 of this Section, the Health Ministry shall withdraw such certificates and at the same time notify the concerned provincial/municipal Heath Services thereof if such medical examination and treatment are under local management.

3. Heads of medical examination and treatment establishments, medical doctors and personnel may receive nutritious products for babies through charity organizations to nurture abandoned children or in special cases where such products must be used as provided for in Clause 3, Section II of this Circular. Where medical examination and treatment establishments do not have enough nutritious products to feed abandoned children, they may buy such products with adequate quantity according to actual demands.

VI. STATE MANAGEMENT RESPONSIBILITY

1. The Health Ministry shall assume the prime responsibility for, and coordinate with the Trade Ministry, the Culture and Information Ministry, the Committee for Population, Family and Children and the concerned agencies in, managing the trading in and use of nutritious products for babies; managing the quality, hygiene and safety of nutritious products for babies; organizing the inspection and examination of the observance of legal provisions on trading in and use of nutritious products for babies throughout the country.

2. The Health Services shall assume the prime responsibility for, and coordinate with Trade Services, Culture and Information Services, Population, Family and Children Committees of provinces and centrally-run cities, and the concerned bodies in, managing the trading in and use of nutritious products for babies; managing the quality, hygiene and safety of nutritious products for babies; organizing the inspection and examination of the observance of legal provisions on trading in and use of nutritious products for babies within their respective provinces or centrally-run cities according to competence.

VII. IMPLEMENTATION ORGANIZATION

1. This Circular shall take effect 15 days after its publication in "CONG BAO." To annul Joint Circular No. 04/2001/TTLT/YT-TM-VHTT-UBBVBCSTEVN of March 14, 2001, guiding the implementation of the Government's Decree No. 74/2000/ND-CP of December 6, 2000 on trading in and use of breastmilk substitute products to protect and encourage the breastfeeding of children.

2. For nutritious products for babies, feeding bottles and rubber teats, including home-made and imported products, if there still remain labels printed before this Circular takes effect and not violating the provisions of the Government's Decree No. 74/2000/ND-CP of December 6, 2000, on trading in and use of breastmilk substitute products to protect and encourage the breastfeeding of children and Joint Circular No. 04/2001/TTLT/YT-TM-VHTT-UBBVCSTEVN of March 14, 2001, guiding the implementation of the Government's Decree No. 74/2000/ND-CP of December 6, 2000, on trading in and use of breastmilk substitute products to protect and encourage the breastfeeding, production and business establishments shall have to report the quantities of unused labels to the Health Ministry (the Food Hygiene and Safety Department) for examination and certification before the continued circulation thereof and have to add supplementary labels in Vietnamese with information contents not yet mentioned in their old labels as compared to the provisions of Articles 8 and 9 of Decree No. 21/2006/ND-CP.

3. For nutritious products for babies which have their expiry date printed before the effective date of this Circular and are contained in commercial packages, made of metal, glass or chinaware and their old labels printed directly on the goods or their commercial packages, which cannot be replaced by packages with new labels, and are still usable, shall be allowed for circulation till their expiry date, but the production and business establishments must add supplementary labels with information contents not yet mentioned in the old labels as compared with the provisions of Article 8 of Decree No. 21/2006/ND-CP.

4. Cases of advertisement of milk used for babies aged between 6 months and 12 months under advertisement contracts signed with advertising service providers before this Circular takes effect and still valid shall continue to be performed until the expiry of the contracts.

In the course of implementation, if meeting with difficulties or problems, units and localities should report them to the Health Ministry, the Trade Ministry, the Culture and Information Ministry, the Committee for Population, family and Children for consideration and proper amendment.

APPENDIX

(Promulgated together with Joint Circular No. 10/2006/TTLT-BYT-BTM-BVHTT-UBDSGD&TE of August 25, 2006, guiding the implementation of Decree No. 21/2006/ND-CP of February 27, 2006, on trading in and use of nutritious products for babies)
TEN CONDITIONS ON SUCCESSFUL BREASTFEEDING IN MEDICAL EXAMINATION AND TREATMENT ESTABLISHMENTS

1. Medical examination and treatment establishments have regulations on breastfeeding, which are made in writing and regularly disseminated to every medical doctor and personnel.

2. All medical doctors and personnel are trained in necessary skills for implementation of these regulations.

3. Informing all pregnant women of breastfeeding benefits and breastfeeding methods.

4. Assisting mothers in starting breastfeeding within one hour of birth.

5. Instructing mothers with the ways of breastfeeding and maintaining their milk even when they are away from their babies.

6. Not feeding babies with any food and drink other than breastmilk except when there are prescriptions of medical doctors and personnel.

7. Leaving babies by their mothers for 24 hours a day.

8. Encouraging breastfeeding according to demand.

9. Not letting babies use any kinds of rubber teat or feeding bottles with artificial teats.

10. Encouraging the establishment of breastfeeding support groups and recommending mothers to go there when they are discharged from maternity homes.