Circular 40/2012/tt-Bct: Granting Regulations Confirm The Advertising Content Of Foods The Responsibility Of Management Of The Ministry Of Industry And Trade

Original Language Title: Thông tư 40/2012/TT-BCT: Quy định cấp Giấy xác nhận nội dung quảng cáo thực phẩm thuộc trách nhiệm quản lý của Bộ Công Thương

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MINISTRY OF COMMERCE
Number: 40 /2012/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 21, 2012

IT ' S SMART

Food Advertising Content Validation

It ' s the responsibility of the Ministry of Commerce.

_________________________

Base of Protocol 7861 /2007/NĐ-CP December 27, 2007 of the Government stipulated the function, mandate, authority and organizational structure of the Ministry of Commerce;

Base of Protocol 44 /2011/NĐ-CP June 14, 2011 by the Government amended, the addition of Article 3 Protocol No. 7861 /2007/NĐ-CP December 27, 2007 of the Government stipulated the function, mandate, authority and organizational structure of the Ministry of Commerce;

Food Safety Law Base June 17, 2010 ()

Base of Protocol 38 /2012/NĐ-CP April 25, 2012 of the Government Regulation details the implementation of some of the provisions of the Food Safety Law;

Minister of State Department of Public Affairs. level of validation of the food advertising content of the Ministry of Industry as follows:

Chapter I

GENERAL REGULATION

Number one. Adjustment range

This privacy rules the authority, the sequence, the procedure that confirms product name advertising, the composition of the product, the product of the product, the manual use, the preservation of the product, the warning (if any) the effect of one or a group of objects to the entity. (later called advertising content): alcohol, beer, soft drinks, processed milk, vegetable oil, processed products, starch, cakes, jam, candy.

Article 2. Subject applies

This information applies to:

1. organizations, individuals producing, processed, packaged, business products: alcohol, beer, soft drinks, processed milk, vegetable oil, processed products of powder, starch, jam, marmalade, advertising candy on Vietnamese territory (later known as base).

2. The agencies, organizations, other individuals are involved.

Third. Condition for validation of advertising content

1. The facility has full registration records and is valid by regulation at this Article 8.

2. Food products that are not in the category of products, goods are prohibited from advertising under the rules of the existing law.

3. Food products of the basis of a regulatory response to the conditions of food safety or the product of the facility/country named in the list are recognized by the Vietnamese authorities to fully respond to food safety requirements under the provisions of the law. Show up.

4. The advertising content must be correct, true to the quality, ensuring food safety as announced and registered.

Article 4. Advertising Content Principles

1. A subscription profile confirms the advertising content only applies to the advertising content of a type of food product.

2. The advertising content is used on a variety of advertising forms (on the media of popular information, on packaging, leaflets, posters, newspaper books etc.).

3. Ad Content after being licensed by the competent authorities to confirm the content advertising content is allowed to advertise on the nationwide scope.

Article 5. The responsibility of the registration facility to confirm the advertising content

The subscription facility confirms the responsible advertising content:

1. Do the registration validation of the advertising content under the regulation at Chapter II of this Information.

2. Responde to the law of accuracy, honesty for the prescribation and content of registration of food advertising by regulation.

3. Only the content to be advertised according to the right content has been confirmed.

4. Only a food ad when the Certificate of Content Advertising Content is in effect.

5. pause food advertising that has inappropriate content during the inspection in the market.

6. Blisters, the Certificate of Level Certificate validation of advertising content under the rules of the current law.

Number 6. The responsibility of the agency to confirm the advertising content

Agency validation agency with responsibility:

1. Continue the registration profile and the registration of the registration procedure base that confirms the advertising content.

2. Host, coordinate with related units:

a) The registration of the registration case, which announces the results of the appraisal and level of the license that confirms the specified advertising content at this Article 9;

b) The publication on the agency's electronic information page with the authority to rule at Article 13 of this Smart List of food products catalog of the premises has been confirmed in advertising content, the cancelled facilities confirm the advertising content;

c) The organization of testing and monitoring of the food advertising of the premises has been confirmed under the regulatory authority at Article 13 of this Information.

Chapter II

RECORDS, PROCEDURES AND LICENSES CONFIRM

FOOD ADVERTISING CONTENT

Article 7. Register to confirm ad content

1. First registration: Apply to each food type of a production facility and have not yet been confirmed for advertising or food products that have been confirmed for advertising content but the Certificate of Food Advertising Content is cancelled.

2. Subscription: Food products have been confirmed in advertising content but changes in advertising content or a Certificate of Food advertising expires.

Number eight. Food Advertising Content Validation

The basis of Article 2 of this Smart must submit full 1 (one) of the registry records that confirm the appropriate advertising content for food safety regulations to the body that confirms the advertising content specified in this Article 13.

1. First registration records, including:

a) The proposed paper confirms the content advertising content in accordance with the Appendix I issued with this message;

b) Copy that the Certificate of Certificate Certificate is sufficient for food safety and the validity of the authority of the authority;

c) The copy of the certificate of business registration certification of the business production facility;

d) A copy of a copy certificate that receives a valid publication (for a product that has a technical standard issued and taken effect) or a suitable publication of a food safety regulation (for a product that has no corresponding technical standard issued by the board). And there ' s an effect.

) The scientific document proves the properties, the use of the product properly as the advertising registry;

e) The draft content intended for advertising (video clips, images, launches, articles ...);

g) The advertising authorization paper or a subscription service contract for the case of registration confirmed advertising by the advertising service business person.

2. Back profile, including:

a) The proposed paper confirms the content advertising content according to the regulation at Appendix II issued by this message;

b) The theory accompanying the revised, complementary material associated with the food advertising content has changed;

c) The specified documents at the b point, point 1 Article 1 Article.

3. The whole document is in the prescribed profile at paragraph 1, 2 This must have the stamp of the agency, the organization, the registered individual confirming the food advertising content.

Article 9. Reception, appraisal, confirmation certificate. Food advertising content.

1. During the time 03 (three) working days since the date of receiving the registration record of the facility, the agency confirms the specified advertising content at Article 13 This is a case file test, which instructions the database to add the case to the correct regulation.

2. In a time of no more than 15 (fifteen) days of work since the date received full and valid registration records, the agency confirmed the advertising content that conducted the appraisal, the toll, the prescribed fee at Article 12 of this Information and the notice of the appraisal results. the advertising content for the base in the form:

a) The identification of the content advertising content advertisement in Annex III issued by this message to the case of the appraisal of requirements;

b) The specified case text message is not required, which states that the reason has not been confirmed for the advertising content and the requirements for editing, additions, completion.

3. The validity deadline of the Certificate of Contents Advertising of the base food entered:

a) The effect of the Certificate of Certification The Facility is eligible for the food safety of the competent authority (applicable to the domestic production facility);

b) The effect of the public text recognizes the food safety requirements of the Vietnamese authority on the country or the basis of food export to Vietnam.

Article 10. Regrade, new level. Food advertising content.

1. The case of a certificate of advertising content has been issued but lost, lost or damaged, the basis that the proposed text sent to the competent authorities has issued a Certificate of Advertising Content in order to be considered reissued. In the period 05 (year) day of work since the date received the recommended text, the agency confirmed that the advertising content considers the basis for the basis, the case of refusal to grant, must have a written statement stating the reason.

2. The case of food products advertised with the purpose of consumption in Vietnam has been confirmed by the agency to confirm the license-grade advertising content that confirms the prescribed food advertising content at Section 2 Article 13 of this Information but then this product can be found. The need for export is to register to confirm the advertising content at the agency that confirms the specified advertising content at Clause 1 Article 13 and be accepted, as defined by the provisions of Article 9 of this Information.

Article 11. Cancel advertising content validation

The certificate of advertising content will be cancelled in the following circumstances:

1. conduct a food commercial when the Certificate of Content Advertising is out of effect.

2. Prefuse, repair of contents in the Certificate of Food Advertising Content.

3. The food product of the checked-out facility does not guarantee the quality, food safety by regulation, or the results of a non-required classification assessment test.

4. Food advertising is false, confusing to consumers or does not agree with content in the Certificate of Food Advertising.

Article 12. Fees and fees

The organization, the individual registered to confirm the advertising content responsible for the charge, the fee of the appraisal, the Certificate of Identification of food advertising content at the Certificate of Identification of the Content Advertising in accordance with the provisions of the law.

Chapter III

EXECUTION CLAUSE

What? 13. Organization to execute

1. The Department of Science and Technology Department is the head of the regulatory function at Article 6 of this Notice taking on the case, the filing of the case appraisal, appraisal of the appraisal results, and the license level confirming the content advertising content for real products. Imported food; export food products; food products of the facilities issued by the Department of the Department of Commerce certification the basis of food safety; in aggregation, the report of the situation performs this information within the country.

2. The Department of Provincial Trade, the central city of the state, the filing of the case, the organization of the filing, the report of the appraisal results, and the license to confirm the contents of food advertising for food consumption in Vietnam of the production facility, Food business in the province, the city has a certificate of sufficient safety for food hygiene due to the Department of Commerce; periodically, breaking up, reporting this information in the province, the city sends the staff. The provincial population and the Ministry of Commerce.

What? 14. Effect of execution

This one has been in effect since 3 February 2013.

2. In the course of the execution, there is an entangrium, the organization, the individual involved in a timely reflection of the Ministry of Commerce for review, the ./.

KT. MINISTER.
Chief.

(signed)

Xiao Tú