Circular 08/2013/tt-Byt: Guidance For Food Advertising In The Scope Of Management Of The Ministry Of Health

Original Language Title: Thông tư 08/2013/TT-BYT: Hướng dẫn về quảng cáo thực phẩm thuộc phạm vi quản lý của Bộ Y tế

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MINISTRY OF HEALTH
Number: 08 /2013/TT-BYT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 13, 2013

IT ' S SMART

Guidelines on food advertising belonging to the Department of Health ' s management

__________________________________

Number of Advertising Rules. 16 /2012/QH13 June 21, 2012;

Food Safety Law Base 55 /2010/QH12 June 17, 2010 and Decree No. 38 /2012/NĐ-CP April 25, 2012 of the Government Regulation details the implementation of some of the provisions of the Food Safety Law;

Base of Protocol 63 /2012/NĐ-CP August 31, 2012 of the Government regulates the mandate, powers, and organizational structure of the Ministry of Health;

At the request of the Bureau of Food Safety;

The Minister of Health issued a guide to the food advertising of the Department of Health ' s management, he said.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This information regulates the conditions, jurisdiction, records, procedures that confirm the content advertising content of the Department of Health's management.

2. This information applies to organizations, individuals with regard to information activities, food advertising within the management scope of the Ministry of Health on the territory of Vietnam.

What? 2. Food must register content when advertising is

1. Food food;

2. Food enhenhancing nutrients;

3. Natural mineral water;

4. Water bottled water;

5. Food additive, food processing support;

6. Package of packaging materials containing food in the manufacturing process, processing, food business; and more.

What? 3. The prohibited behaviors in food advertising activities.

1. Food advertising without a license to confirm the advertising content of the medical authorities.

2. Food advertising is counterfeit goods, poor quality.

3. Food advertising works as a cure.

4. Food advertising does not conform to the published or published content that matches the regulation of food safety or advertising overuse of food.

5. Food advertising in the form of articles by doctors, pharmacists, health workers who describe the food that works with the treatment of the disease.

6. Use images, credibility, mail of medical units, medical staff, patient ' s letter of gratitude for food advertising.

7. Other bans have been legally regulated by law.

Chapter II

CONDITIONS, COMPETENTIES, RECORDS, PROCEDURES, VALIDATION OF FOOD ADVERTISING CONTENT.

What? 4. Conditions for food advertising content

1. The advertising content on popular media, leaflets, podes-x-silk (poster), the poster must ensure the correct effect of the published product; in addition to the published content, if otherwise, there must be a proven scientific document and must be required. Ensure that the following is true to the following:

a) the name of the product;

b) Export of goods, manufacturer addresses, importers;

c) The effect of the product (if available);

d) The warnings when using the product (if any);

Instructions to use, instruct instructions (for products with usage, special preservation);

e) Alone with functional food products that must have a line or reading "This product is not a drug and does not have a cure for the cure", the writing must guarantee the size of the Times New Roman 14, the read must be heard in normal conditions. Usually.

2. For advertising on tables, seas, pantiles, inventory shelves, other items, aerial objects, underwater objects, mobile objects do not necessarily contain enough information about the product (usage, effect, preservation) but must secure the right to fit the product. with the published content or the appropriate publication of the food safety regulation.

What? 5. The authority to issue a certificate of food advertising content, registration of the workshop organization, the food introduction conference.

1. Ministry of Health Services Food Safety Organization organizes licensing of advertising content on functional foods; food is increased in nutrition.

2. Food Safety Safety Organization organizes the granting of the identification of food advertising content of the health industry as follows: bottled water, natural mineral water; food additendas, food processing support; instruments, materials including food, food and water. package containing food during production, processing, business in the management division of the Ministry of Health; confirmed registration of the workshop organization, the conference introduced food in the field of management of the health industry on the site; confirmed internal medicine. Food advertising by the ministries, the other sector management when advertising has a health effect;

What? 6. The registration records confirm food advertising content.

The organization, the individual prior to the advertising of the food, must send 1 ad registration records to the state agency with jurisdiction.

The case consists of:

1. The registration certificate confirms the food advertising content (according to Annex 01 issued by this message);

2. Business registration certification of the business or license to establish the Office of the Representative Office of the Foreign trader (the signature copy of the organization, the individual registering the advertising content);

3. The certificate of appropriate publication of a food safety regulation (for products that have no technical standard) or a valid publication of a contract issued by the state agency with a licensed jurisdiction (the signature copy of the organization, the individual who registers the promotional content). charges);

4. The detailed information on the product has been confirmed by the competent authority (the signature copy of the organization, the individual registering the advertising content);

5. Food advertising products:

a) 01 record of the expected promotional content in the disc, the audio disc, the floppy disk with the n 2 scripts (stamped by the organization, the individual who registers the advertisement content) for advertisements on television, cinema, radio.

b) 02 ma-ket content slated for advertising (stamped by the organization, individual registering advertising content) and accompanying a subscription content file for advertisement advertisement advertisement, pamphlet, piodine, poster, or print on the subject. other, advertising in e-newspapers, electronic portal of the enterprise, the electronic portal of the unit as advertising services, internet.

6. Document references, scientific documentation proving for advertising information in the event that the advertising content is not included in the detailed information about the product that has been confirmed by the authorities. In the case of evidence written in foreign language, it must be translated into Vietnamese.

The entire document must seal the organization's borders, the individual registers the advertising content.

7. The product label has been approved by the health authorities (the organization's signature copy, the individual who registers the advertising content).

What? 7. The procedure of issuing a certificate of food product advertising content

1. In the 10-day period of work, since receiving enough valid records, the state agency has the authority to issue a license to confirm the prescribed advertising content (according to Annex 2 issued by this message); the case does not issue a certificate of content. advertising, the state agency has the authority to respond in writing and stating the reasons for not granting it.

2. During the 3-month period, since the date of the agency's adoption agency has the Complementary, Revised, if agency, organization, individual regionship of unmodified advertising, supplematuation, and no public reply to the agency. as there is no need to advertise the registered food.

What? 8. Workshop, Food Referer Conference

1. Food has been licensed in the country or has not yet had a permit in the country but has been licensed in the country of production allowed to organize the introduction seminar in Vietnam, namely:

a) Organization, individual in the country with a suitable business registration certificate held in the food introduction seminar.

b) Organization, foreign individuals who wish to hold a workshop for food products that have not been allowed to circulate in Vietnam but have been allowed to circulate in the production water must coordinate with an organization, the domestic individual has a suitable business certificate to organize. The seminar.

2. The report in the workshop must be the person with a professional degree in medicine, pharmacy, nutrition or a professional degree in relevant field from the university and must be held accountable to the law of honesty, the accuracy of the report at the conference. Yes, conference.

3. Content-presenting material content at the workshop, the conference must comply with the laws of advertising and other provisions of the relevant legislation.

4. Before the conference, the conference introduced food, the organization, the individual who had to send the file to confirm the conference content, the conference to the state agency that had jurisdiction where the seminar was held, the conference and only the conference held, the conference introduced. Food, food-refereing, food-refereing of state agency.

5. Introduction to product introduction, sponsor product advertising at the workshop, the conference must follow the regulations on the advertisement of this Notice and other provisions of the relevant legislation.

What? 9. Records, validation procedures for conference organization, food referr/conference

1. The filing of the workshop organization, the food refereit conference included:

a) The registration of the workshop content, the food referendation conference (according to Annex 3 issued by this message);

b) A copy of the business registration certificate of the business or the license to establish an electrical office (a copy of the organization's seal, individual registration organization, food referr/conference);

c) The certificate of product standards or paper reception for a valid publication has been confirmed by the medical authority. For food that has not been allowed to circulate in Vietnam, it must provide a certificate of free circulation in the country of production (a copy of the organization's seal, individual registration organization, food referr/conference);

d) A detailed copy of the detailed information about the product has been confirmed by the authority to confirm (the signature copy of the organization, individual regionship organization, food referr/conference);

A product label (a copy of the organization, individual registration organization, food referr/conference);

e) 02 ma-ket or scripted or scriptbook or document sets to confirm and seal the organization's hybrid, the individual regionship organization, conference (accompanied by 1 disc, disk, soft file) introduced at the conference, conference;

g) The list of the report (full information on the professional level or the scientific title of the press report).

) The reference, scientific documentation proving for advertising information in the event of an ad content that is not in the detailed information about the product has been confirmed by the authority. In the case of evidence written in foreign language, it must be translated into Vietnamese. The entire document must seal the organization's borders, the individual registers the conference, the food-referrt conference.

2. The procedure for validation of food product advertising in the workshop, the food referrt conference.

The organization, personally prior to the conference organization, the conference introduced food that had to send registration records to the ATVSTP branch on the site where the seminar was held, the conference introduced food.

In the 10-day period of work since receiving enough valid records, the state agency has the authority to issue a paper registration certificate, the prescribed food introduction conference (according to Annex 04 issued by this Notice); the case is not a valid case. Issuing a paper registration record, a food refereit, the state agency has the authority to respond in a non-grant written license.

What? 10. The way the paper number confirms the food advertising content

1. For advertising content issued by the Ministry of Health (Food Safety Bureau) issuing a certificate of advertising content, the principle of writing is as follows: the order number is issued/year câp/XNQC-ATTP (Example: 123 /2008/XNQC-ATTP).

2. For a certificate of advertising content issued by the Food Safety Department: the same way as for advertising issued by the Department of Food Safety, adds the abbreviation to the adjacent province name after YT (uppercase letter). The abbreviation for the names of the provinces, the city's central city according to Annex 05, issued this. Example: 123 /2013/XNQC-YTHN.

What? 11. The use effect of the certificate of food advertising content

The certificate of the content advertising content expires in the following cases:

1. A permit for a contract publication or a confirmation paper which is in accordance with the appropriate food safety regulation.

2. The business is revoked of a certificate of qualified food safety hygiene.

3. Product has the changes in composition or use.

Chapter III

EXECUTION CLAUSE

What? 12. The Effect of Private

This announcement came into effect on 26 April 2013.

What? 13. The transition rule

The agency, the organization, the individual who registered a food advertising agency obtained by the state governing body with a license to receive a license to register food advertising, food addities before the date of this date was in effect, to continue advertising. until the advertising document expires.

What? 14. Organization

The Governor of the Department of Food Safety, Director of the Provincial Health Department, the Central City of the Central Committee is responsible for organizing this information.

In the course of execution, if there is difficulty in getting involved, the local unit reports on the Department of Health (Food Safety Bureau) for research and settlement.

Minister.

(signed)

Nguyen Thi Kim