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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
74/2000/ND-CP
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Hanoi,
December 06, 2000
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DECREE
REGARDING THE TRADING IN AND USE OF MOTHER MILK SUBSTITUTES
TO PROTECT AND ENCOURAGE THE BREAST-FEEDING
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the June 30, 1989 Law on Protection of People’s Health;
Pursuant to the August 16, 1991 Law on Protection and Care of Vietnamese
children;
Pursuant to the May 10, 1997 Commercial Law;
In order to protect the children’s health and support their all-sided growth;
At the proposal of the Health Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- The role of
mother milk for childrens health and the growth of newborns, infants.
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2. The State bodies, economic organizations,
social organizations and all citizens shall have the responsibility to support
and encourage the breast- feeding and the proper use of products substituting
the mother milk.
Article 2.- Regulation
scope
This Decree prescribes the information,
education, communications, advertisement, trading in and use of mother milk
substitutes, feeding bottles and dummies; measures to encourage the breast-
feeding, the responsibility and relationship of coordination among agencies,
organizations in managing the trading in and use of mother milk substitutes.
The trading in mother milk substitutes must
comply with the provisions of this Decree and other relevant provisions of law.
Article 3.- Objects of
application
This Decree applies to organizations and
individuals engaged in activities relating to the management, trading in,
information, advertisement and use of mother milk substitutes, feeding bottles
and dummies.
Article 4.- Term
interpretation
In this Decree, the following terms shall be
construed as follows:
1. Mother milk substitutes are milk, products of
animal and plant origins, used for children newly born till the age of 6 months
old and milk used for children aged from 6 months to 24 months, which are
processed by industrial methods to partly or fully substitute mother milk.
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3. Infants are children from the time they are
born till they are 24 months old.
4. Mother milk substitute labels are marks,
drawings or other descriptions, writing, prints, embossed figures, affixed to
or presented on containers of products.
5. Donation of mother milk substitutes means the
free-of-charge supply of a small quantity of mother milk substitutes.
6. Advertisement of mother milk substitute
samples means the commercial act of establishments producing, trading in mother
milk substitutes, which aims to introduce their goods, services for sale
promotion.
Chapter II
INFORMATION, EDUCATION,
COMMUNICATIONS
Article 5.- Information,
education and communications on the benefits of breast- feeding.
1. The information, education and communications
on the benefits of breast-feeding and the methods of nurturing newborns and
infants must be given priority in information, education and communications
programs on health protection for the mothers and children, on child
malnutrition prevention and combat.
2. The Ministry of Health shall coordinate with
the Ministry of Culture and Information, the Ministry of Trade, the Vietnam
Committee for Child Protection and Care, the Vietnam Women’s Union, the Ho Chi
Minh Communist Youth Union, the Vietnam Peasants’ Association, the Vietnam
Confederation of Labor and other agencies as well as social organizations in
propagating and educating about the superiority of mother milk, the importance
of breast- feeding and the maintenance of breast- feeding.
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1. The contents of information and education
documents on newborn and infant nourishment must be clear, readable, objective
and scientific and must contain the following details:
a) The benefits and superiority of
breast-feeding, affirming mother milk is the best food for the newborns and
infants.
b) Guidance on feeding children totally with
mother milk from the time they are born till when they are 4-6 months old and
keeping the breast-feeding until they are 2 years old or older.
c) The antibacterial substances in the mother
milk, which have the effect of helping children against diseases, particularly
the respiratory infection, diarrhoea.
d) The disadvantages of non-breast feeding.
e) Instructions on the use of supplementary
foods for children of over 4-6 months old.
f) The adverse impacts of bottle-feeding,
dummies and supplementary foods on children of under 4 months old.
g) Instructions on the processing of
supplementary foods for children at home by simple methods with types of food
easily found.
2. To strictly prohibit information and
education documents on newborn and infant nourishment, which contain the
following details:
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b) Comparing mother milk substitutes as being
equivalent to or better than mother milk.
c) Names or logos of mother milk substitutes,
names of establishments producing and/or trading in mother milk substitutes.
Article 7.- Information
and education documents on the use of mother milk substitutes
The information, education and communications
documents on the use of mother milk substitutes must satisfy the following
requirements on the contents:
1. Guiding the correct way of using mother milk
substitutes.
2. Guiding the way of cleaning and sterilizing
containers.
3. Guiding the way of feeding children by
hygienic cups, spoons.
4. Cautions against dangers which may happen to
children’s health if they are bottle-fed or feeding bottles are used in
contravention of instructions.
5. Cost and expenses of feeding children with
mother milk substitutes.
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1. To strictly prohibit the advertisement of
mother milk substitutes used for children from the time they are born till they
are 6 months old, of feeding bottles and dummies in any forms.
2. The advertisement of assorted milk used for
children of between over 6 months and 24 months old must satisfy the following
requirements:
a) The first part of the advertisement must
contain the content: "Mother milk is best for the health and growth of
newborns and infants".
b) The advertisement contents must conform to
the provisions in Articles 6 and 7 of this Decree, other law provisions on
advertisement.
c) To strictly prohibit untruthful
advertisements and advertisements incorporated with pictures on mother milk
substitutes used for children of up to 6 months old.
3. Organizations and individuals making
advertisements shall have to abide by the provisions in Clauses 1 and 2 of this
Article.
Chapter III
TRADING IN MOTHER MILK
SUBSTITUTES
Article 9.- Registration
of food quality, hygiene and safety
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Article 10.- Provisions
on labels of mother milk substitutes
1. The mother milk substitute labels must
satisfy the following requirements:
a) Having word "ATTENTION" (in capital
letters), then the words (in ordinary letters): "Mother milk is best for
the health and growth of newborns and infants. The mother milk contains
antibacterial substances with effect of helping children prevent and combat
diarrhoea and some other common infections". The height of the ordinary
letters is not below 2mm.
b) Containing words (in ordinary letters): "Only
use these products under the health workers’ instructions. Preparation is made
according to instruction. Feeding children by hygienic cups and spoons".
The height of the ordinary letters is not below 1.5 mm.
c) Being clearly inscribed that the products are
used for newborns only or infants of up to 6 months old only or children of
between 6 months and 24 months old only.
d) Being printed with the food quality, hygiene
and safety registration numbers.
2. The contents of mother milk substitute labels
must comply with the law provisions on labeling domestically circulated goods,
export goods and import goods and satisfy the following requirements:
a) Guiding the correct way of preparation by
simple words and tables, which are easy to understand.
b) Pointing to the harms caused by incorrect
preparations to the health of newborns and infants.
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d) Introducing fully and accurately the
nutrients.
e) Mother milk substitute labels must not
contain pictures or drawing of newborns, infants, feeding bottle, teats and
dummies; must not use words or other forms of expression to encourage the use
of mother milk substitutes.
Article 11.- Labels of
feeding bottles and dummies
1. The labels of feeding bottles and dummies
must meet the following requirements:
a) Having the inscription (in ordinary letter): "Strictly
abide by the instructions on hygiene and sterilization. The use of feeding
bottle may make children reject the breast feeding, or cause diarrhoea".
The height of the printed letters is not below 2 mm.
b) Guiding the correct way of keeping hygienic
and sterilization.
c) Correct name and address of the manufacturing
establishments.
2. The packing or stuck labels of dummies must
bear the inscription (in ordinary letters): "Using dummies shall cause bad
effects on breast feeding". The height of the ordinary letter is not below
2 mm.
3. The labels of feeding bottles and dummies
prescribed in Clauses 1 and 2 of this Article shall also apply to the imported
feeding bottles and dummies.
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1. Production and/or business establishments or
their representatives may only do the following:
a) Selling mother milk substitutes with
registered quality, food hygiene and safety.
b) Presenting or selling at low prices mother milk
substitutes to orphanages, charity organizations for purposes of feeding
children in special plights or with their mothers being diseased and unable to
breast feed them.
c) Providing scientific information and correct
ways of using mother milk substitutes for medical workers.
2. Establishments that produce and/or trade in
mother milk substitutes must refrain from doing the following:
a) Trading in mother milk substitutes not yet
registered for food quality, hygiene and safety or failing to ensure the registered
food quality, hygiene and safety, mother milk substitutes with their use
duration has expired, or without labels or packings.
b) Presenting mothers and members of their
families with mother milk substitutes.
c) Presenting medical workers or medical
establishments with mother milk substitutes, medical equipment or instruments
or other objects with the labels of the mother milk substitute producing and/or
trading establishments or other forms of expression in order to encourage the
use of mother milk substitutes.
d) Granting scholarships, conducting scientific
research, providing funds for training, conferences, workshops, training
courses, music concerts, via-telephone consultancy service or other forms in order
to encourage the use of mother milk substitutes.
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USING MOTHER MILK
SUBSTITUTES
Article 13.-
Responsibilities of obstetric and pediatric establishments
The obstetric and pediatric establishments have
the responsibility to propagate and encourage the breast feeding and create
conditions for mothers to breast feed their newborns right within 30 minutes
after giving birth to their children.
Article 14.-
Responsibilities of medical cadres and workers in obstetric and pediatric
establishments
1. The medical cadres and workers in obstetric
and pediatric establishments have the responsibility to provide guidance on the
use of mother milk substitutes for the mothers or members of their families in
special cases where such products must be used.
2. The medical cadres and workers in obstetric
and pediatric establishments must not:
a) Receive products, gifts, financial
contributions of other material interests given by establishments which produce
and/or trade in mother milk substitutes or their representatives.
b) Assist the production and/or business
establishments in presenting samples, gifts, documents propagating and
advertising products which substitute mother milk.
Chapter V
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Article 15.-
Commendation
Organizations and individuals that record
achievements in maintaining and encouraging the breast feeding shall be
commended and rewarded according to the common regime of the State.
Article 16.- Handling
of violations
Organizations and individuals that breach the
provisions in this Decree shall, depending on the nature and seriousness of
their violations, be disciplined, administratively sanctioned and pay
compensation for damage, if caused, according to law provisions.
Individuals who commit serious violations shall
be examined for penal liability.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 17.- Managerial
responsibilities
1. The Health Ministry shall assume the prime
responsibility and coordinate with the Ministry of Trade, the Ministry of
Culture and Information, the Vietnam Committee for Child Protection and Care
and concerned agencies in managing the use of mother milk substitutes;
controlling the quality, hygiene and safety of products substituting the mother
milk; inspecting and checking the observance of law provisions on trading and
use of mother milk substitutes.
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Article 18.-
Implementation effect
1. This Decree takes effect 15 days after its
signing.
2. To annul Decision No. 307/TTg of June 10,
1994 of the Prime Minister, providing for a number of matters regarding the
trading in and use of mother milk substitutes in order to support the breast
feeding, and all previous regulations contrary to this Decree.
Article 19.-
Responsibility to guide the implementation
The Health Minister shall assume the prime
responsibility and coordinate with the Minister of Trade, the Minister of
Culture and Information and the Chairman of the Vietnam Committee for Child
Protection and Care in guiding the implementation of this Decree.
Article 20.-
Responsibility for the implementation
The ministers, the heads of the
ministerial-level agencies, the heads of agencies attached to the Government
and the presidents of the People’s Committee of the provinces and centrally-
run cities shall have to implement this Decree.
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