Circular No. 75/2011/TT-BNNPTNT stipulates on registration and confirmation of food advertisement content under the management of the Ministry of Agriculture and Rural Development.

CIRCULAR

Regulations on registering and confirming food advertisement content

under the management of the Ministry of Agriculture and Rural Development

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;

Pursuant to the Food Safety Law No. 55/2010/QH12 adopted at the seventh session of the XIIth National Assembly on June 17, 2010;

Pursuant to the Advertising Ordinance No. 39/2001/PL-UBTVQH dated November 16, 2001;

Pursuant to Decree No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance;

The Ministry of Agriculture and Rural Development hereby stipulates regulations on registering and confirming food advertisement content under the management of the Ministry of Agriculture and Rural Development as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the procedures, formalities, authority for confirming food advertisement content under the management of the Ministry of Agriculture and Rural Development; responsibilities and rights of related parties.

Article 2. Applicability

This Circular applies to organizations and individuals, both domestic and foreign, producing and trading food that advertise within the territory of Vietnam or service providers authorized by organizations and individuals producing and trading food to conduct advertising (hereinafter referred to as the entity).

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Food Advertisement: Is an activity introducing food products to consumers directly conducted by organizations and individuals producing and trading food, or carried out in cooperation with, sponsored by, or delegated to another entity.

2. Processed Food: Is food containing two (two) or more ingredients or food products originating from at least two (two) of the following three (three) categories: plant-based products; terrestrial animal-based products; aquatic products and aquatic product-based products.

Article 4. Conditions for Content Confirmation

1. The entity has a complete and appropriate registration file in accordance with Article 7 of this Circular;

2. The food product produced by the entity complies with food safety standards or is included in the list of products allowed for import into Vietnam by competent Vietnamese authorities;

3. The advertised food content is accurate, matches the quality, and ensures food safety (FS) as declared and registered.

Article 5: Allocation of Assessment and Content Confirmation Authority

1. Central level: The Directorate of Quality Assurance of Agricultural and Forestry Products and Aquatic Products shall take the lead, coordinate with relevant units under the Ministry, and invite external experts (if necessary).

a) Conduct assessment for imported food products; food products from production and trading entities that produce both export and domestic consumption products;

b) The Directorate of Quality Assurance of Agricultural and Forestry Products and Aquatic Products is the permanent agency responsible for receiving files, processing, assessing files, announcing assessment results, and confirming food advertisement content for entities in accordance with this Circular.

2. Local level: The Sub-directorate of Quality Assurance of Agricultural and Forestry Products and Aquatic Products or the unit assigned by the Department of Agriculture and Rural Development to take the lead, coordinate with relevant units under the Department, and invite external experts (if necessary).

a) Conduct assessment of advertisement content for food products from local production and trading entities that only produce for domestic consumption;

b) The Sub-directorate of Quality Assurance of Agricultural and Forestry Products and Aquatic Products or the unit assigned by the Department of Agriculture and Rural Development is the permanent agency responsible for receiving files, processing, assessing files, announcing assessment results, and confirming food advertisement content for entities in accordance with this Circular.

3. Relevant units participating in the assessment of registration files for content confirmation of food advertisements according to the allocation specified in Clause 1 and Clause 2 of this Article are agencies involved in managing food safety during production and trade for the following product groups:

a) Plant-based products;

b) Terrestrial animal-based products;

c) Aquatic products and aquatic product-based products;

d) Salt;

e) Processed foods (within the scope of management of the Ministry of Agriculture and Rural Development).

Article 6. Funding for Implementation

1. Fees and charges for assessing registration files and confirming advertisement content are implemented in accordance with current regulations of the Ministry of Finance.

2. In cases where there are no regulations of the Ministry of Finance regarding fee collection, the permanent agency shall prepare plans and budget estimates from the annual state budget, submit them for approval by the competent authority.

Chapter II

PROCEDURES FOR REGISTRATION, CONTENT CONFIRMATION, AND REVOCATION OF CONTENT CONFIRMATION FOR FOOD ADVERTISEMENT

Article 7. Registration Form

1. Initial registration: Applies to establishments that have not been confirmed for advertising registration or establishments that have been confirmed but have had their confirmation revoked.

2. Re-registration: Establishments that have been confirmed for food product advertising content but have changed the advertising content or whose confirmation certificates have expired.

Article 8. Registration Documents

The establishments mentioned in Article 2 of this Circular must submit a complete set of registration documents for confirming food advertising content to the competent authority as stipulated in Article 5 of this Circular. The registration documents include:

1. Initial registration:

a) A request for confirmation of food advertising content according to the form prescribed in Appendix 1 attached to this Circular;

b) A certified copy of the certificate of establishment meeting food safety conditions or the results of food safety condition inspection and evaluation by the competent authority still in effect (applicable to domestic production and business establishments);

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

d) A certified copy of the notification of acceptance of the conformity declaration (for products required to be declared for conformity), standard compliance declaration (if applicable);

đ) Scientific documents proving the characteristics and functions of the product as advertised;

e) For genetically modified or irradiated imported foods, a Free Circulation Certificate (CFS) and other related documents as prescribed by law must be provided;

g) A draft of the intended advertising content (video clips, images, reports, articles);

h) An authorization letter from the establishment (applicable when the advertising content is registered by an advertising service provider);

2. Re-registration:

a) A request for confirmation of food advertising content according to the form prescribed in Appendix 2 attached to this Circular;

b) An explanatory note accompanied by relevant amended and supplemented documents relating to changes in food advertising content;

c) Documents as prescribed at Point b Clause 1 of this Article still valid according to regulations;

d) A draft of the intended advertising content (video clips, images, reports, articles);

3. Registration documents for confirmation shall be submitted to the competent authority through one of the following methods: direct submission, fax, email, electronic network (followed by sending the original documents via postal service);

4. In cases where domestic food production and business establishments that have been confirmed for advertising content by local competent authorities subsequently export, such establishments must immediately register for confirmation of advertising content with the central competent authority upon expiration of the Food Advertising Content Confirmation Certificate issued by the local competent authority;

5. If the Advertising Content Confirmation Certificate has been lost, misplaced, or damaged, the establishment must submit a written request to the competent authority to apply for a replacement. Within five working days from receiving the establishment's request, the competent authority will issue a replacement certificate;

Article 9. Receiving and processing the application dossier

1. The competent authority as stipulated in Article 5 of this Circular is responsible for receiving registration documents for confirming advertising content submitted by establishments;

2. Within three working days from the date of receipt of the establishment's registration documents, the competent authority must conduct a preliminary review of the documents and guide the establishment to supplement missing or non-compliant contents.

Article 10. Review and Confirmation of Advertising Content

1. Within no more than twenty working days from the date of receiving complete and valid registration files, the permanent agency shall notify the results of the review to the entity as follows:

a) Confirm the advertising content for food products in cases where the review meets the requirements according to the model Appendix 3 issued together with this Circular;

b) Notify in writing in cases where the review does not meet the requirements, specifying the reasons for non-confirmation of the advertising content and the necessary supplementary and corrective requirements.

2. The validity period for confirming the advertising content of food products is based on:

a) The validity period of the Certificate of Food Safety Conditions for the production facility or the result of the competent authority's inspection and evaluation of food safety conditions still in effect (applicable to domestic production facilities);

b) The recognition validity period for exporting countries or production facilities of exporting countries (applicable to imported products).

Article 11. Revocation of Confirmation of Advertising Content

An entity that has had its advertising content confirmed will be notified in writing by the permanent agency to revoke the confirmation of the advertising content in the following cases:

1. The production and business entity advertising food products that have been confirmed but whose validity period has expired;

2. Discovery of falsification or alteration of registered advertising content in the file;

3. Food products of the entity being found to not meet quality and food safety standards or failing classification inspection and evaluation results according to regulations.

Chapter III

RESPONSIBILITIES AND LIMITATIONS OF THE INVOLVED PARTIES

Article 12. Entities Registering for Advertising Content Confirmation

1. Implement the registration for confirmation of food product advertising content as stipulated in Article 8 of this Circular;

2. Fully comply with all requirements regarding the confirmation of advertising content as prescribed in this Circular;

3. Bear legal responsibility for the accuracy and truthfulness of declarations and registered advertising content for food products according to the law;

4. Comply with inspections, supervision, and handling by authorized agencies;

5. Only advertise food products when the advertising content confirmation certificate remains valid;

6. Entities with food products whose advertising content has been reviewed and found to meet requirements may advertise nationwide;

7. Pay fees and charges according to current regulations of the Ministry of Finance.

Article 13. Permanent Agency

1. Receive registration files and guide entities through the procedures for registering to confirm advertising content for food products;

2. Leading and coordinating with relevant units:

a) Review registration files and confirm advertising content for food products according to Articles 9 and 10 of this Circular;

b) Publish on the electronic information website of the unit the list of entities and products that have been confirmed, and entities whose advertising content confirmation has been revoked;

c) Organize inspections and supervise the advertising activities of entities that have been confirmed according to the division and level assignment in Article 5 of this Circular;

d) Handle violations of advertising content regulations according to regulations;

3. The central-level permanent agency organizes inspections and supervises the confirmation of advertising content registration conducted by local authorities.

4. Take the lead and coordinate with related units under the Ministry and invite external experts (if necessary) to review the registration files for confirming advertising content of entities according to management assignments in Article 5 of this Circular;

5. Report periodically every six months or at any time (when required) to the Ministry of Agriculture and Rural Development by the central-level permanent agency; report to the Department of Agriculture and Rural Development by the local-level permanent agency on the situation of confirming advertising content for food products and cases of violation of this Circular.

Article 14. Relevant units under the Ministry of Agriculture and Rural Development

1. Coordinate with the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries to review the contents of food advertising registrations within their scope of management when requested;

2. Provide information about the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries) on cases where establishments fail to comply with regulations regarding the confirmation of food advertising content as stipulated in this Circular.

Article 15. Departments of Agriculture and Rural Development

1. Assign units as permanent agencies to receive files and organize reviews to confirm the content of food advertising for establishments according to the division specified in Article 5 of this Circular;

2. Direct and guide subordinate units to implement inspections and supervision of the implementation of this Circular within their assigned areas in the province;

3. Regularly report every six months or at any time (when required) to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries) on the management of the confirmation of food advertising content and cases of violations of this Circular;

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular shall take effect 45 days from the date of issuance.

Article 17. Amendments and supplements

During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly reflect in writing to the Ministry of Agriculture and Rural Development (through the Directorate of Quality Assurance for Agricultural Products, Forestry Products and Fisheries) for consideration and amendment of this Circular./.