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THE
MINISTRY OF PUBLIC HEALTH - THE MINISTRY OF TRADE - THE MINISTRY OF CULTURE
AND INFORMATION - THE COMMITTEE FOR POPULATION, FAMILY AND CHILDREN
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
10/2006/TTLT/BYT-BTM-BVHTT-UBDSGDTE
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Hanoi,
August 25, 2006
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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;
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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.
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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).
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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.
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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.
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(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.
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10. Encouraging the
establishment of breastfeeding support groups and recommending mothers to go
there when they are discharged from maternity homes.