Circular No. 40/2012/TT-BCT stipulates the issuance of Content Confirmation Certificates for food advertisements under the management responsibility of the Ministry of Industry and Trade.

CIRCULAR

Regulations on issuing Certificates confirming the content of food advertisements

                  under the management responsibility of the Ministry of Industry and Trade

           _________________________

Pursuant to Decree No. 7861/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 44/2011/ND-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decree No. 7861/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Food Safety Law on June 17, 2010;

Pursuant to Decree No. 38/2012/NĐ-CP dated April 25, 2012 of the Government detailing implementation of certain provisions of the Food Safety Law;

The Minister of Industry and Trade issues this Circular to provide guidance on issuing Certificates confirming the content of food advertisements under the management responsibility of the Ministry of Industry and Trade as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the authority, procedures, and formalities for confirming the content of advertisements for product names, ingredients, functions, usage instructions, storage conditions, and warnings (if applicable) for food products (hereinafter referred to as advertisement content): alcohol, beer, soft drinks, processed milk, vegetable oil, starch-based products, baked goods, candies, and sweets.

Article 2. Applicability

This Circular applies to:

Organizations and individuals producing, processing, packaging, and trading in products: alcohol, beer, soft drinks, processed milk, vegetable oil, starch-based products, baked goods, candies, and sweets advertising within the territory of Vietnam (hereinafter referred to as the entity).

2. Other relevant agencies, organizations, and individuals.

Article 3. Conditions for obtaining confirmation of advertisement content

1. The entity has a complete and valid registration dossier in accordance with Article 8 of this Circular.

2. The food product does not belong to the list of prohibited products or goods for advertising as prescribed by current laws.

3. The food product of the entity complies with the requirements for food safety or the entity's or country's product name is included in the list recognized by the competent Vietnamese authority as meeting all food safety requirements as prescribed by current laws.

4. The advertisement content must be accurate, consistent with the quality, and ensure food safety as declared and registered.

Article 4. Principles of Advertisement Content

1. One registration dossier for confirming advertisement content applies only to the advertisement content of one type of food product.

2. Advertisement content can be used in various forms of advertising (on mass media, packaging, leaflets, posters, books, newspapers...).

3. Advertisement content, after being confirmed by the competent authority with a Certificate confirming the content of food advertisements, is permitted to advertise nationwide.

Article 5. Responsibilities of the Entity Registering for Confirmation of Advertisement Content

The entity registering for confirmation of advertisement content shall have the following responsibilities:

1. To carry out the registration for confirmation of advertisement content in accordance with Chapter II of this Circular.

2. To bear legal responsibility for the accuracy and truthfulness of the declaration and registered advertisement content for food products as prescribed.

3. To only advertise food products according to the confirmed content.

4. To only advertise food products when the Certificate confirming the content of food advertisements is still valid.

5. To temporarily suspend advertising food products with inappropriate content during market inspections.

6. To pay fees and charges for issuing the Certificate confirming the content of food advertisements as prescribed by current laws.

Article 6. Responsibilities of the agency confirming advertising content

The agency confirming advertising content shall be responsible for:

1. Receiving registration files and guiding establishments on the registration procedures for confirming advertising content.

2. Leading and coordinating with relevant units:

a) Reviewing registration files, announcing the results of the review, and issuing the Certificate of Advertising Content Confirmation in accordance with Article 9 of this Circular;

b) Announcing on the electronic information website of the authorized agency specified in Article 13 of this Circular the list of food products of establishments that have been confirmed advertising content, and establishments whose confirmation of advertising content has been revoked;

c) Organizing inspections and monitoring the advertising activities of food products of establishments that have been confirmed in accordance with the authority specified in Article 13 of this Circular.

                                          Chapter II

REGISTRATION DOCUMENTS, PROCEDURES AND AUTHORITY FOR ISSUING THE CERTIFICATE OF ADVERTISING CONTENT Enterprise (in capital letters): ...

FOR FOOD PRODUCTS

Article 7. Registration for Confirming Advertising Content

1. Initial registration: Applies to each type of food product of a production establishment that has not yet been confirmed advertising content or food products that have been confirmed advertising content but the Certificate of Advertising Content Confirmation has been revoked.

2. Re-registration: Food products that have been confirmed advertising content but have changed in advertising content or the Certificate of Advertising Content Confirmation has expired.

Article 8. Registration Documents for Confirming Advertising Content of Food Products

The establishment mentioned in Article 2 of this Circular must submit a complete set of registration documents for confirming advertising content in compliance with food safety regulations to the agency confirming advertising content specified in Article 13 of this Circular.

1. Initial registration documents include:

a) Application for confirmation of advertising content of food products in accordance with Appendix I attached to this Circular;

b) A certified copy of the Certificate of Establishment Meeting Food Safety Conditions issued by the authorized agency and still valid;

c) A certified copy of the business registration certificate suitable for the production and business establishment;

d) A certified copy of the notification of receipt of the conformity declaration (for products that have technical standards issued and effective) or the declaration of compliance with food safety regulations (for products without corresponding technical standards issued and effective);

đ) Scientific documentation proving the characteristics and functions of the product as stated in the advertised content;

e) Draft of the proposed advertising content (video clips, images, reports, articles...);

g) Power of attorney for advertising or service advertising contract for cases where the advertising content confirmation is registered by a service advertiser.

2. Re-registration documents include:

a) Application for confirmation of advertising content of food products in accordance with Appendix II attached to this Circular;

b) An explanatory note accompanied by related documents for modifications and supplements to the changed advertising content;

c) Documents stipulated in points b and e of Clause 1 of this Article.

3. All documents in the registration file as prescribed in Clauses 1 and 2 of this Article must bear the stamp of the agency, organization, or individual registering for confirmation of advertising content of food products.

Article 9. Acceptance, Review, Issuance of Certificate for Advertising Content of Food Products

1. Within three (3) working days from the date of receiving the registration dossier from the entity, the agency responsible for confirming advertising content as stipulated in Article 13 of this Circular shall conduct a preliminary review of the dossier and guide the entity to supplement the dossier in accordance with the regulations.

2. Within a period not exceeding fifteen (15) working days from the date of receiving a complete and valid registration dossier, the agency responsible for confirming advertising content shall conduct a review, collect fees and charges as prescribed in Article 12 of this Circular, and notify the entity of the review results on the advertising content in the form of:

a) A certificate of advertising content for food products according to the model attached as Appendix III to this Circular in cases where the review meets the requirements;

b) A notification in writing in cases where the review does not meet the requirements, specifying the reasons for not confirming the advertising content and the necessary corrections, supplements, and improvements.

3. The validity period of the Certificate of Advertising Content for Food Products is based on:

a) The validity period of the Certificate of Compliance with Food Safety Conditions issued by the competent authority (applicable to domestic production establishments);

b) The validity period of the document recognizing compliance with food safety requirements issued by the competent authority of Vietnam for the exporting country or establishment.

Article 10. Reissue and New Issuance of Certificate of Food Products

1. In cases where the Certificate of Advertising Content has been issued but lost, misplaced, or damaged, the entity must submit a written request for reissuance to the competent authority that issued the Certificate of Advertising Content for consideration. Within five (5) working days from the date of receipt of the request, the agency responsible for confirming advertising content will consider reissuing the certificate to the entity. If the reissuance is refused, a written notification specifying the reasons must be provided.

2. In cases where food products advertised for consumption in Vietnam have already been issued a Certificate of Advertising Content for Food Products in accordance with Clause 2 of Article 13 of this Circular, but subsequently require export, they must register for confirmation of advertising content at the agency responsible for confirming advertising content as stipulated in Clause 1 of Article 13 and be accepted and reviewed in accordance with Article 9 of this Circular.

Article 11. Revocation of Confirmation of Advertising Content

The Certificate of Advertising Content will be revoked in the following cases:

1. Conducting advertising of food products when the Certificate of Advertising Content for Food Products has expired.

2. Forgery or alteration of contents in the Certificate of Advertising Content for Food Products.

3. Food products of the entity being inspected and found to not meet quality and food safety requirements or failing classification inspection results.

4. False advertising of food products that misleads consumers or does not align with the contents in the Certificate of Advertising Content for Food Products.

Article 12. Fees and Charges

Organizations and individuals registering for confirmation of advertising content are responsible for paying the fees and charges for reviewing and issuing the Certificate of Advertising Content for Food Products at the agency issuing the Certificate of Advertising Content for Food Products in accordance with the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Implementation Organization

1. The Department of Science and Technology of the Ministry of Industry and Trade is the focal point to implement the functions stipulated in Article 6 of this Circular, including accepting dossiers, organizing reviews of dossiers, notifying review results, and issuing Certificates of Advertising Content for Food Products for imported food products; exported food products; food products of entities granted Certificates of Compliance with Food Safety Conditions by the Ministry of Industry and Trade; compiling and reporting on the implementation of this Circular nationwide.

2. Provincial Departments of Industry and Trade under centrally administered cities accept dossiers, organize reviews of dossiers, notify review results, and issue Certificates of Advertising Content for Food Products for food products consumed in Vietnam produced and traded by entities within their province or city with Certificates of Compliance with Sanitation and Safety Conditions issued by the Provincial Department of Industry and Trade; regularly and periodically compile and report on the implementation of this Circular within their provincial or municipal territory to the People's Committee of the province and the Ministry of Industry and Trade.

Article 14. Effective Date

This Circular takes effect from February 3, 2013.

During the implementation process, if there are difficulties, organizations and individuals concerned should promptly reflect them to the Ministry of Industry and Trade for examination and resolution./.