Decree No. 74/2000/ND-CP dated December 06, 2000 of the Government regarding the trading in and use of mother milk substitutes to protect and encourage the breast-feeding
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, December 06, 2000
REGARDING THE TRADING IN AND USE OF MOTHER MILK SUBSTITUTES TO PROTECT AND ENCOURAGE THE BREAST-FEEDING
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,
Chapter I GENERAL PROVISIONS
Article 1.- The role of mother milk for children�s health and the growth of newborns, infants.
1. The mother milk is the best food for the health and all-sided growth of newborns and infants. It contains antibacterial substances with effect to prevent and combat diarrhoea, respiratory infection and some other diseases commonly seen among children.
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.
2. Newborns are children from the time they are born till they are 01 month old.
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.
Article 6.- Information and education documents on newborn and infant nourishment
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:
a) Pictures or words aiming to encourage the bottle- feeding or discourage the breast-feeding of children.
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.
Article 8.- Advertisement of mother milk substitutes
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
The mother milk substitutes, before being put on markets, must register for food quality, hygiene and safety at the Ministry of Health.
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.
c) Introducing fully and accurately the origins and composition of the products.
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.
Article 12.- Responsibilities of establishments producing or trading in mother milk substitutes or their representatives.
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.
Chapter IV 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.
COMMENDATION AND HANDLING OF VIOLATIONS
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.
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.
2. The Ministry of Culture and Information shall assume the prime responsibility and coordinate with the Ministry of Trade, the Ministry of Health in managing information and advertisement of mother milk substitutes according to their vested competence.
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.
ON BEHALF OF THE GOVERNMENT
Phan Van Khai