JOINT CIRCULAR No. 05/2013/TTLT-BYT-BCT GUIDING THE LABELLING AND PRINTING OF HEALTH WARNINGS ON TOBACCO PACKAGING

JOINT CIRCULAR

Guidelines for labeling and printing health warnings on cigarette packaging

     Pursuant to the Law on Prevention and Control of Harmful Effects of Tobacco Products No. 09/2012/QH13 dated June 18, 2012;

     Pursuant to the Government Decree No. 89/2006/NĐ-CP dated August 30, 2006 on product labels;

    Pursuant to the Government Decree No. 63/2012/NĐ-CP dated August 31, 2012 on the functions, tasks, powers, and organizational structure of the Ministry of Health;

     Pursuant to the Government Decree No. 95/2012/NĐ-CP dated November 12, 2012 on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

     The Minister of Health and the Minister of Industry and Trade hereby issue this Joint Circular guiding the labeling and printing of health warnings on cigarette packaging.

     Article 1. Scope of Application

     This Joint Circular guides the labeling and printing of health warnings on cigarette packaging produced, imported, and sold in Vietnam.

     Article 2. Definitions

     Cigarette packaging refers to the pouch, pack, or box containing cigarettes and circulating with them.

     Article 3. Requirements for Labeling on Cigarette Packaging

     1. The labeling on cigarette packaging must be carried out in accordance with the provisions of the Law on Prevention and Control of Harmful Effects of Tobacco Products, relevant laws on product labels, and the provisions of this Joint Circular.

     2. The label must include the following information:

     a) Product name;

     b) Name and address of the organization or individual responsible for the product;

     c) Country of origin (for imported cigarettes);

     d) Quantity of the product;

     đ) Health warning;

     e) Sticker or barcode number;

     g) Production date; expiration date.

     3. The label must be in Vietnamese and must not use forms or terms that mislead consumers about the nature or impact of tobacco products on health, such as "low tar," "light," "ultra light," "mild," or similar terms that imply the product has less harmful effects on health than other tobacco products, except when these terms are part of a trademark registered and protected under intellectual property law in Vietnam before the Law on Prevention and Control of Harmful Effects of Tobacco Products took effect.

     Article 4. Requirements for Health Warnings on Cigarette Packaging

     1. Health Warning Model:

     Cigarettes produced, imported, and sold in Vietnam must have health warnings printed on their packaging according to the model specified in the Appendix attached to this Joint Circular. The health warning must be clearly visible and legible.

     2. Position of Health Warning:

     a) The health warning must be printed on the front and back main surfaces of the cigarette packaging and must not be obscured or covered by any material, image, or information, except for the application of tax stamps as required by law.

     In cases where there are multiple packages of cigarettes, the health warning must be printed on all packages in accordance with this Joint Circular.

     If the cigarette packaging uses outer wrapping, the outer wrapping must be transparent, colorless, and not obscure the health warning, except when the outer wrapping bears anti-counterfeit logos of enterprises registered and protected under intellectual property law in Vietnam before the issuance of this Joint Circular.

     b) The health warning must be printed parallel to the top edge of the cigarette packaging.

     3. Area for Printing Health Warning:

     The area for printing the health warning must cover at least 50% of the front and back main surfaces of the cigarette packaging.

     4. Color of Health Warning:

     The health warning must be printed in at least four basic colors, with a print resolution of no less than 300 DPI (dots per inch).

     5. Rotating Health Warning Models:

     a) Each type of tobacco product under a brand must print one of the six health warning models specified in the Appendix attached to this Joint Circular on its packaging. Different types of tobacco products under the same brand and different brands under the same manufacturer must print different health warning models. If a brand has more than six types of products or a manufacturer has more than six brands, they must simultaneously print all six health warning models.

     b) The health warning model for each type of tobacco product must be changed every two years.

     Article 5. Effective date

     1. This Joint Circular takes effect from May 1, 2013.

     2. The regulations on labeling and printing health warnings on cigarette packaging in Decision No. 02/2007/QĐ-BYT dated January 15, 2007 of the Minister of Health on hygiene and safety standards for tobacco products shall be abolished from the date this Joint Circular takes effect.

     Article 6. Transitional Provisions

     1. Soft-pack cigarettes produced, imported, and sold in Vietnam from May 1, 2013 must comply with the health warning printing requirements of this Joint Circular and must do so no later than six months from the date of issuance of this Joint Circular.

     2. Hard-pack cigarettes produced, imported, and sold in Vietnam from May 1, 2013 must comply with the health warning printing requirements of this Joint Circular and must do so no later than ten months from the date of issuance of this Joint Circular.

     3. Enterprises producing and importing tobacco products shall be responsible for declaring the quantity of cigarette packs, cartons, and boxes that have been labeled and printed with health warnings according to the provisions of the law before May 1, 2013, and reporting to the Ministry of Health and the Ministry of Industry and Trade for handling each specific case.

     Article 7. Responsibilities for Implementation

     1. Domestic and foreign organizations and individuals participating in tobacco business activities in Vietnam shall be responsible for implementing labeling and printing health warnings in accordance with the joint circular.

     2. The Ministry of Health shall instruct the Department of Medical Examination and Treatment, and the Ministry of Industry and Trade shall instruct the Science and Technology Department to take responsibility for guiding, organizing the implementation, and inspecting the enforcement of this joint circular.

     3. Provincial People's Committees and municipal people's committees under the central government shall direct the provincial health departments and industry and trade departments to guide, organize the implementation, and inspect the enforcement of this joint circular at the local level. During the implementation process, if there are difficulties, organizations and individuals shall report to the Ministry of Health (Department of Medical Examination and Treatment) and the Ministry of Industry and Trade (Science and Technology Department) for research and resolution.

During the implementation process, if there are difficulties, organizations and individuals shall report to the Ministry of Health (Department of Medical Examination and Treatment) and the Ministry of Industry and Trade (Science and Technology Department) for research and resolution./.