| THE MINISTRY OF PUBLIC HEALTH - THE MINISTRY OF TRADE - THE MINISTRY OF CULTURE AND INFORMATION - THE VIETNAM COMMITTEE FOR CHILD PROTECTION AND CARE ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 04/2001/TTLT/YT-TM-VHTT-UBBVCSTEVN | Hanoi, March 14, 2001 |
JOINT CIRCULAR
GUIDING THE IMPLEMENTATION OF DECREE NO. 74/2000/ND-CP OF DECEMBER 6, 2000 OF THE GOVERNMENT ON TRADING IN AND USE OF MOTHER MILK SUBSTITUTES TO PROTECT AND ENCOURAGE BREAST - FEEDING
Pursuant to Decree No. 74/2000/ND-CP of December 6, 2000 of the Government on trading in and use of mother milk substitutes to protect and encourage breast feeding, pursuant to Directive No. 28/2000/CT-TTg of December 27, 2000 of the Prime Minister on the enforcement of the Regulation on goods labeling issued together with Decision No. 178/1999/QD-TTg of August 30,1999 of the Prime Minister, the Ministry of Health, the Ministry of Trade, the Ministry of Culture and Information, and the Vietnam Committee for Child Protection and Care jointly give the following guidance on their implementation:
I. GENERAL PROVISIONS
1. The trading in and use of mother milk substitutes must comply with the regulations on information, education, communications, advertisement, trading in and use of mother milk substitutes, feeding bottle, dummies and measures to encourage breast feeding stipulated in Decree No. 74/2000/ND-CP of December 6, 2000 of the Government on trading in and use of mother milk substitutes to protect and encourage breast feeding, as well as the legal documents on trading, advertisement, goods quality, goods labels and other relevant legal and regulatory documents.
2. This Circular applies to:
a/ The enterprises producing and/or trading in mother milk substitutes including their representative offices and individuals operating in the name of these enterprises;
b/ Private business households, individuals dealing in mother milk substitutes;
c/ Organizations and individuals providing advertisement service;
d/ Obstetric and pediatric establishments (including hospitals specializing in obstetrics and pediatrics, obstetric and pediatric wards in a polyclinic, medical center of districts, maternity homes, and medical stations of communes, wards and townships) of the State, or people-funded, semi-public and private establishments, including those with foreign investment capital;
e/ State management agencies, State agencies related to the management of mother milk substitutes.
II. INFORMATION, EDUCATION, COMMUNICATIONS:
1. The content of the documents on information, education and communications on the benefits of breast-feeding, of nourishing newborns and infants, documents on information and education on the use of mother milk substitutes must strictly comply with the provisions of Articles 5, 6 and 7 of Decree No. 74/2000/ND-CP of December 6, 2000 of the Government on trading in and use of mother milk substitutes to protect and encourage breast-feeding.
2. Organizations and individuals producing and/or trading in mother milk substitutes are allowed to supply scientific information documents and the proper method of use of mother milk substitutes to the obstetric and pediatric establishments, medical cadres and personnel working in these establishments.
3. The medical cadres and personnel in the obstetric and pediatric establishments are entitled to guide the use of mother milk substitutes for mothers or members of their families as stipulated in Clause 1, Article 14 of Decree No. 74/2000/ND-CP of December 6, 2000 of the Government on trading in and use of mother milk substitutes to protect and encourage breast-feeding in the following cases:
a/ Children heavily affected by difficulty in swallowing, by hypotension or who need alternative methods to treat hypotension which cannot improve by intensive breast-feeding.
b/ Children of seriously ill mothers (mental diseases, epilepsy, strokes...)
c/ Children affected by metabolic diseases of.
d/ Children suffering serious dehydration (for instance due to diarrhea) for which intensive breast-feeding cannot make up for the loss of water.
e/ Children of mothers under treatment who are not allowed to suckle their children as a contra-indication (for instance, medicaments against cancer, X-Ray, anti-thyroid hormone medicaments...), or of mothers affected by HIV/AIDS (consultancy with medical cadres is necessary for each specific case).
III. ADVERTISEMENT
1. It is strictly forbidden to advertise in all forms for mother milk substitutes for children from their birth to 6 months old (forbidden to advertise such products for children from under 6 months to 6 months old if these products are used for both children under 6 months to 24 months old), feeding bottles and dummies as stipulated in Clause 1, Article 8 of Decree No. 74/2000/ND-CD of December 6, 2000 of the Government on trading in and use of mother milk substitutes to protect and encourage breast feeding.
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