| THE MINISTRY OF PUBLIC HEALTH - THE MINISTRY OF TRADE - THE MINISTRY OF CULTURE AND INFORMATION - THE COMMITTEE FOR POPULATION, FAMILY AND CHILDREN ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 10/2006/TTLT/BYT-BTM-BVHTT-UBDSGDTE | Hanoi, August 25, 2006 |
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;
c/ Organizations and individuals providing advertising services;
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.
d/ Babies suffering digestion-related diseases and unable to absorb breastmilk.
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.
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