Decree No. 74/2000/NĐ-CP On Trading and Using Breast Milk Substitutes to Protect and Encourage Breastfeeding

DECREE OF THE GOVERNMENT

Regarding the business and use of breast milk substitutes

to protect and encourage breastfeeding

 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Law on Health Care for the People dated June 30, 1989;

Pursuant to the Law on Protection and Care for Children of Vietnam dated August 16, 1991;

Pursuant to the Law on Commerce dated May 10, 1997;

To protect children's health and support their comprehensive development;

At the proposal of the Minister of Health,

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. The role of breast milk for the health and development of newborns and infants.

1. Breast milk is the best food for the health and comprehensive development of newborns and infants. Breast milk contains antibacterial substances that help prevent and combat diarrhea, respiratory infections, and other common diseases in children.

2. State agencies, economic organizations, social organizations, and all citizens have the responsibility to support and encourage breastfeeding and the proper use of breast milk substitutes.

Article 2. Scope of regulation.

This Decree stipulates information dissemination, education, communication, advertising, business, and use of breast milk substitutes, bottles, and artificial nipples; measures to encourage breastfeeding, responsibilities, and coordination among agencies and organizations in managing the business and use of breast milk substitutes.

Business activities involving breast milk substitutes must comply with the provisions of this Decree and other relevant laws.

Article 3. Applicability.

This Decree applies to organizations and individuals involved in management, business, information dissemination, advertising, and use of breast milk substitutes, bottles, and artificial nipples.

Article 4. Definitions.

In this Decree, the following terms shall be understood as follows:

1Breast milk substitute product is milk or products derived from animals or plants intended for children from birth to six months old and for children over six months to twenty-four months old, processed industrially to replace part or all of breast milk.

2.Newborns is a child from birth to one month old.

3.Infants are children from birth to twenty-four months old.

4.Label of breast milk substitute product is a label, illustration, or other description, writing, printing, or embossed presentation attached to or displayed on the packaging of the product.

5.Free sample of breast milk substitute product is providing a small quantity of the breast milk substitute product free of charge.

6.Advertising of breast milk substitute product is a commercial act of production and trading establishments aimed at introducing goods and services to promote trade.

 

Chapter II

INFORMATION, EDUCATION, COMMUNICATION

Article 5. Information, education, and communication on the benefits of breastfeeding.

1. Information, education, and communication on the benefits of breastfeeding and methods of caring for newborns and infants should be prioritized in programs on information, education, and communication about maternal and child health protection, and prevention and control of malnutrition in children.

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

Article 6. Information and education materials on infant and young child feeding.

1. The content of information and education materials on infant and young childfeeding must be clear, easy to read and understand, ensuring objectivity andscientific accuracy, and must include the following contents:

a)The benefits and superiority of breastfeeding, affirming that breast milk isthe best food for infants and young children.

b)Guidelines for exclusive breastfeeding from birth to 4-6 months of age andmaintaining breastfeeding until 2 years or longer.

c)Antibacterial substances in breast milk that help prevent and combat diseases,especially respiratory infections and diarrhea.

d)Disadvantages of not breastfeeding.

đ)Guidelines for using supplementary foods for children over 4-6 months of age.

e)GENERAL PROVISIONSnh Negative effects of having children use bottles, pacifiers, or supplementaryfoods before 4 months of age.

g)Guidelines for preparing supplementary foods at home using simple methods withavailable ingredients.

2. Prohibit information and educational materials on infant and young child feedingfrom including the following contents:

a)Pictures or texts that encourage bottle feeding or do not encouragebreastfeeding.

b)Comparisons of breast milk substitutes as equivalent or better than breast milk.

c)Names or symbols of breast milk substitutes, names of manufacturers or sellersof breast milk substitutes.

Article 7. Information and education materials on the use of breast milk substitutes.

Information, education, and communication materials on the use of breast milksubstitutes must meet the following requirements regarding content:

1. Guidelines for the correct use of breast milk substitutes.

2. Guidelines for cleaning and sterilizing containers.

3. Guidelines for feeding children with cups and spoons in a hygienic manner.

4. Potential dangers to children's health if they are bottle-fed or if the productis used incorrectly.

5. Costs associated with feeding children with breast milk substitutes.

Article 8. Advertising of breast milk substitutes.

1. Strictly prohibit advertising of breast milk substitutes intended for use frombirth to 6 months of age, bottles, and pacifiers in all forms.

2. Advertising of types of milk intended for use from 6 months to 24 months ofage must comply with the following requirements:

a)The beginning of the advertisement must contain the content: "Breast milk isthe best for the health and development of infants and young children."

b)The content of the advertisement must be consistent with the provisions ofArticle 6 and Article 7 of this Decree, and other regulations on advertising.

c)Strictly prohibit false advertising and advertisements that include images ofbreast milk substitutes intended for use from birth to 6 months of age.

3. Organizations and individuals implementing advertisements are responsible forcomplying with the regulations stipulated in Clause 1 and 2 of this Article.

 

Chapter III

BUSINESS OF BREAST MILK SUBSTITUTES

Article 9. Registration for quality and food safety.

Breast milk substitutes must register for quality and food safety with theMinistry of Health before being put on the market.

Article 10. Labeling requirements for breast milk substitutes.

1. Labels of breast milk substitutes must meet the following requirements:

a)Must have the word "WARNING" (in capital letters), followed by the words (inlowercase): "Breast milk is the best for the health and development of infantsand young children. Breast milk contains antibacterial substances that helpprevent and combat diarrhea and other common infectious diseases."The height of lowercase letters must be no less than 2 mm.b)Must have the words (in lowercase): "Use this product only according to theinstructions of healthcare workers. Mix correctly according to the instructions.Feed children with a cup and spoon in a hygienic manner." The height of lowercase letters must be no less than 1.5 mm.c)Must clearly state that the product is only for infants or only for use from birthto under 6 months of age or only for use from 6 months to 24 months of age.

d)The label of the product must print the registration number for quality and foodsafety.2. The content of the labels of breast milk substitutes must comply with the legalrequirements for labeling goods circulating domestically, exported, and importedgoods, and must ensure the following requirements: a)Correct mixing instructions in simple language and tables that are easy tounderstand.". b)Clearly state the harm of incorrect mixing to the health of infants and youngchildren.

c)Provide a full and accurate description of the origin and composition of theproduct.

d)Provide a full and accurate description of the nutritional components.

đ)Labels of breast milk substitutes must not contain images or drawings of infantsor young children, bottles, rubber nipples, or pacifiers; must not use text orother forms of expression to encourage the use of breast milk substitutes.

a) Provide clear instructions on how to prepare using simple language and easy-to-understand tables and charts.

b) Clearly state the health hazards to newborns and infants from incorrect preparation.

c) Fully and accurately introduce the origin and composition of the product.

d) Fully and accurately introduce the nutritional components.

đ) The label of products that replace breast milk shall not contain images or drawings of newborns or infants, feeding bottles, rubber nipples, or artificial teats; nor shall it use wording or other forms of expression to encourage the use of such replacement products.

Article 11. Labels for baby bottles and artificial nipples.

1. The label of baby bottles must meet the following requirements:

a) Must include the following text (in regular font): "Follow the correct hygiene and sterilization instructions. Using a baby bottle may cause the child to refuse breastfeeding, with a risk of diarrhea."The height of the regular font characters must not be less than 2 mm. b) Provide instructions on how to maintain hygiene and sterilize correctly.

c) The accurate name and address of the production facility.

2. Packaging or labels of artificial nipples must include the following text (in regular font): "Using artificial nipples can have negative effects on breastfeeding."

The height of the regular font characters must not be less than 2 mm.3. The product labels for baby bottles and artificial nipples as stipulated in Clause 1 and 2 of this Article shall apply to both domestically produced and imported products. Article 12. Responsibilities of facilities producing, trading in, or representing breast milk substitutes.

1. Facilities producing, trading in, or representing such products may only carry out the following activities:

a) Selling breast milk substitutes that ensure quality and food safety as registered.

b) Giving away or selling at a reduced price breast milk substitutes to orphanages and charitable organizations for the purpose of nurturing children in special circumstances or mothers who cannot breastfeed due to illness.

c) Providing scientific information and proper usage methods for breast milk substitutes to healthcare staff.

2. Facilities producing, trading in, or representing breast milk substitutes may not carry out the following activities:

a) Trading in breast milk substitutes that have not been registered for quality and food safety, or that do not meet the quality and food safety standards as registered, expired breast milk substitutes, or those without labels or packaging.

b) Giving breast milk substitutes to mothers and members of their families.

c) Giving healthcare staff or healthcare facilities breast milk substitutes, medical equipment, or other items bearing the brand of the producing or trading facility, or other forms of encouragement to promote the use of breast milk substitutes.

d) Funding scholarships, scientific research, training costs, conferences, seminars, courses, concerts, telephone counseling services, or other forms of encouragement to promote the use of breast milk substitutes.

USE OF BREAST MILK SUBSTITUTES

Article 13. Responsibilities of obstetric and pediatric facilities.

 

Chapter IV

Obstetric and pediatric facilities are responsible for promoting and encouraging breastfeeding and creating conditions for mothers to breastfeed their infants within 30 minutes after birth.

Article 14. Responsibilities of healthcare staff in obstetric and pediatric facilities.

1. Healthcare staff in obstetric and pediatric facilities are responsible for guiding mothers or family members on the proper use of breast milk substitutes in special cases where they need to be used.

2. Healthcare staff in obstetric and pediatric facilities may not:

a) Accept products, gifts, financial contributions, or other material benefits from facilities producing, trading in, or representing breast milk substitutes or their representatives.

b) Assist facilities producing, trading in, or representing breast milk substitutes in distributing samples, giving gifts, or disseminating promotional materials for breast milk substitutes.

a) Accept products, gifts, financial contributions, or other material benefits from manufacturers, sellers of products that replace breast milk, or their representatives.

b) Assist manufacturers, sellers in distributing samples, gifts, promotional materials, and advertisements for products that replace breast milk.

Chapter V

REWARD AND VIOLATION HANDLING

Article 15. Awards.

Organizations and individuals who have achievements in maintaining andencouraging breastfeeding will be awarded according to the general system ofthe State.

Article 16. Handling of violations.

Organizations and individuals violating the provisions of this Decree shall bepunished with disciplinary measures, administrative penalties for violation oflaw, and if causing damage, they must compensate according to the provisions ofthe law, depending on the nature and level of the violation.

Individuals committing serious violations shall be held criminallyresponsible.

 

Chapter VI

IMPLEMENTING PROVISIONS

Article 17. Management Responsibility.

1.The Ministry of Health shall take the lead and coordinate with the Ministryof Commerce, the Ministry of Culture and Information, the Vietnam National Committee for Child Protection and Care, and otherrelevant agencies to manage the use of breast milk substitutes; manage thequality and hygiene safety of breast milk substitutes; organize inspections andchecks on the implementation of legal regulations regarding the business anduse of breast milk substitutes.

2.The Ministry of Culture and Information shall take the lead and coordinatewith the Ministry of Commerce and the Ministry of Health to manageinformation and advertising of breast milk substitutes within their respectivecompetencies.

Article 18. Effective Date.

1.This Decree shall take effect fifteen days from the date of signature.

2.Repeal Decision No. 307/TTg dated June 10, 1994 of the Government Chairmanregarding some issues on the business and use of breast milk substitutes tosupport breastfeeding and previous regulations that conflict with this Decree.

Article 19. Responsibility for Guidance on Implementation.

The Minister of Health shall take the lead and coordinate with the Ministerof Commerce, the Minister of Culture and Information, and the Director,Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the Vietnam National Committee for Child Protection and Care to guidethe implementation of this Decree.

Article 20. Responsibility for Enforcement.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committees of provinces and centrally-administered cities areresponsible for implementing this Decree./.