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THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
307/TTg
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Hanoi
,June 10, 1996
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DECISION
OF THE PRIME MINISTER PROVIDING FOR SOME
QUESTIONS RELATED TO THE TRADE IN AND USE OF SUBSTITUTES FOR BREAST MILK IN
SUPPORT OF BREAST FEEDING
THE PRIME MINISTER
Pursuant
to the Law on Organization of the Government on the 30th of September 1992;
Pursuant to the Law on Protection of the People's Health on the 11th of July
1989 and the Law on Chile Protection and Care and Education on the 16th of
August 1991;
At the proposal of the Minister of Public Health;
In order to protect the health of children;
DECIDES:
Article 1.- Breast milk is the best food for infants. All
organizations and individuals have the responsibility to protect the source of
breast milk, encourage breast feeding and give the mothers full information
about the benefits of breast milk as the best food and on the proper methods of
rearing the child according to each stage of its development.
Article 2.-
1. The substitutes for breast milk are milk and
other baby foods manufactured by industrial or handicraft methods in order to
replace breast milk entirely or partly. These include milk products, cereals,
vegetable compound, fruit juice, different kinds of concoctions, the milk
bottle and teats.
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Article 3.- In the programs of information about the
protection of the health of mothers and children, priority must be given to the
information and education about the benefits of breast feeding and the methods
of raising newborns and infants.
Article 4.- Documents of information and education
concerning the raising of babies must meet the following requirements:
1. Ensuring the objective and scientific
character.
2. Publicizing the benefits of breast milk and
breast feeding, and affirming that breast milk is the best food for babies, the
benefits of entirely breast feeding the baby from is birth to four or six
months of age, affirming that the anti-viral substances of breast milk will
help the baby resist diseases, especially infection of the respiratory system
and diarrhea.
3. Publicizing the unsalutary effects of
bottle-feeding.
4. The documents directing the use of breast
milk substitutes must point to the unsalutary effect on the health of the baby
and the high cost of using them if they are used unnecessarily or wrongly.
Article 5.- The following acts are strictly prohibited:
1. Making untruthful advertisement for the use
of breast milk substitutes.
2. Presenting samples of products to mothers of
newborns or other members in their family with a view to encouraging the use of
these products as substitutes for breast milk.
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Article 6.- The Ministry of Public Health, the Ministry of
Culture and Information, the Vietnam Committee for Child Protection and Care
have the responsibility to coordinate with the Vietnam Women's Union, the Ho
Chi Minh Communist Youth Union, the Vietnam Peasants' Association and the other
social organizations in informing and educating the mothers on the superiority
of breast milk and encouraging them to persist in feeding their babies with
breast milk.
Article 7.- The Ministry of Trade shall issue import
licenses to breast milk substitutes only with the consent of the Ministry of
Public Health. It shall also have to manage the trade in these products on the
Vietnamese market.
Article 8.-
1. The State organizations, collectives or
individuals and foreign organizations in Vietnam employing women labor must
create conditions for women to have periodical pre-natal exams, ensure their
statutory leave before and after childbirth, ensure the statutory time for
breast feeding and other interests prescribed by law.
2. The State-owned or private obstetric
establishments have to encourage and create conditions for mothers to suckle
their babies right half and hour after childbirth.
Article 9.- In case of necessity to use substitutes for
breast milk, the medical personnel shall have to clearly explain the directions
for use and the possible adverse effects of the wrong use.
Article 10.-
1. The labels of breast milk substitutes should
be designed with the only purpose of directing their use. The label must
specify the following:
- The additives;
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- Maintenance requirements;
- The number of the lot, the place of
production;
- Expiry date;
- The way to use the product.
2. All labels of breast milk substitutes must be
registered at the Invention Department of the Ministry of Science, Technology
and Environment as prescribed by law.
3. The breast milk substitutes when marketed
must meet the quality norms and sanitary norms prescribed by the Ministry of
Public Health.
Article 11.-
1. The organizations and individuals with good
records in the preservation and encouragement of breast feeding shall be
commended under the common regulations of the State.
2. Those who violate the regulations in this
Decision shall, depending on the extent of the violation, be subjected to
discipline, administrative sanctions or investigated for penal liability. They
have to pay compensations as prescribed by law if the violation causes material
damage.
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a/ Fine of from 50,000 Dong to 200,000 Dong; and
in aggravating circumstances up to 500,000 Dong with regard to acts of
encouragement to the use of breast milk substitutes.
b/ Fines of from 200,000 Dong to 500,000 Dong,
and in aggravating circumstances up to 1,000,000 Dong with regard to the
violations of regulations on information and advertisement about breast milk
substitutes.
c/ Fine of from 500,000 Dong to 1,000,000 Dong,
and in aggravating circumstances up to 2,000,000 Dong with regard to the
violations of regulations on product labels and quality.
d/ Forcible destruction of products with regard
to the violations on product quality.
e/ Fine of from 200,000 Dong to 500,000 Dong;
and in aggravating circumstances, to 2,000,000 Dong with regard to violations
of Item 3, Article 5 of this Decision.
4. The medical inspectorate is entitled to hand
administrative sanctions according to Item 3 of this Article.
Article 12.-
1. This Decision takes effect on the date of its
signing. The earlier regulations contrary to this Decision are now annulled.
2. The Ministers of Public Health, Trade,
Culture and Information and the Chairwoman of the Vietnam Committee for Child
Protection and Care shall have to direct the implementation of this Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Khanh