Decision No. 307-TTg stipulates certain issues regarding the business and use of breast milk substitutes to support breastfeeding.

Pursuant to …;

Regulations on certain issues concerning the business and use of breast milk substitutes to support breastfeeding

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to the Law on People's Health Protection dated July 11, 1989; the Law on Child Protection, Care, and Education dated August 16, 1991;
At the proposal of the Minister of Health, for the purpose of protecting children’s health,

DECISION:

Article 1. Breast milk is the best food for infants. Organizations and individuals have the responsibility to protect the source of breast milk, encourage breastfeeding, provide full information to mothers about the superiority of breast milk, and appropriate methods of feeding infants at different stages of development.

Article 2.

1. Breast milk substitutes are milk and other foods for infants manufactured through industrial or artisanal processes, intended to fully or partially replace breast milk, including products such as milk powder, cereals, vegetable blends, fruit juices, teas, bottles, and rubber nipples.

2. The business and use of breast milk substitutes must comply with the provisions of this Decision.

Article 3. In programs promoting public health for mothers and children, priority should be given to information and education on the benefits of breastfeeding and appropriate methods of caring for newborns and infants.

Article 4. Information and educational materials related to child care must meet the following requirements:

1. Ensuring objectivity and scientific accuracy.

2. Promoting the superiority of breast milk and breastfeeding; affirming that breast milk is the best food for infants; the benefits of exclusive breastfeeding from birth until four or six months of age; the anti-infective properties of breast milk which help protect against diseases, particularly respiratory infections and diarrhea.

3. Negative effects of bottle feeding.

4. Guidance materials on the use of breast milk substitutes must mention the negative impacts on children's health and unnecessary or improper use leading to increased costs.

Article 5. Strictly prohibited are the following actions:

1. False advertising regarding the use of breast milk substitutes.

2. Giving free samples of breast milk substitutes to new mothers or family members to encourage their use.

3. Providing gifts or financial support in any form to healthcare workers in hospitals, maternity homes, or other medical facilities for the purpose of promoting breast milk substitutes for commercial gain.

Article 6. The Ministry of Health, the Ministry of Culture, Sports and Tourism, and the Vietnam National Committee for Children's Protection and Care shall coordinate with the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, the Vietnam Farmers' Association, and other social organizations to promote and educate mothers about the superiority of breast milk and maintaining breastfeeding.

Article 7. The Ministry of Trade shall issue import permits for breast milk substitutes only after obtaining the approval of the Ministry of Health and shall manage the sale of these products in the domestic market.

Article 8.

1. State organizations, collectives, private entities, and foreign organizations operating in Vietnam that employ female workers must create conditions for women to undergo regular prenatal examinations, ensure pre- and post-natal leave, and guarantee time for breastfeeding and other rights as stipulated by law.

2. Public and private obstetric facilities have the responsibility to encourage and facilitate mothers to breastfeed their newborns within half an hour after delivery.

Article 9. In cases where breast milk substitutes must be used for infants, healthcare personnel must clearly explain the usage method and potential adverse consequences of incorrect use.

Article 10.

1. The labels of breast milk substitutes must be designed solely for the purpose of guiding their use. The label content must include the following information:

- Additional ingredients added to the product;

- Product component analysis;

- Storage conditions;

- Batch number - place of manufacture;

- Expiry date;

- Usage instructions.

2. Labels of breast milk substitutes must be registered with the Intellectual Property Office under the Ministry of Science and Technology according to the provisions of the law.

3. Breast milk substitutes released to the market must meet quality and hygiene standards as prescribed by the Ministry of Health.

Article 11.

1. Organizations and individuals who achieve success in maintaining and encouraging breastfeeding will be rewarded according to the general state system.

2. Individuals violating the provisions of this Decision, depending on the severity of the violation, will face disciplinary action, administrative penalties, or criminal prosecution if damage is caused, and must compensate according to the law.

3. The amount of fines for administrative violations is specified as follows:

a) A fine of VND 50,000 to VND 200,000; if there are aggravating circumstances, the fine can reach up to VND 500,000 for actions encouraging the use of breast milk substitutes.

b) A fine of VND 200,000 to VND 500,000; if there are aggravating circumstances, the fine can reach up to VND 1,000,000 for violations related to advertising breast milk substitutes.

c) A fine of VND 500,000 to VND 1,000,000; if there are aggravating circumstances, the fine can reach up to VND 2,000,000 for violations related to product labeling and quality.

d) Forced destruction of products for violations related to product quality.

e) A fine of VND 200,000 to VND 500,000; if there are aggravating circumstances, the fine can reach up to VND 2,000,000 for violations of Clause 3, Article 5 of this Decision.

4- Health inspectors have the authority to impose administrative penalties as provided for in Clause 3, Article 34 of this Decision.

Article 12.

1- This Decision takes effect from the date of signature. Previous regulations contrary to this Decision are hereby abolished.

2- The Ministers of Health, Trade, Culture, Sports and Tourism, and the Chairman of the Vietnam National Committee for Children's Protection and Care are responsible for guiding the implementation of this Decision.

3- The Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of Provincial People's Committees directly under the Central Government are responsible for implementing this Decision./.