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Circular 75/2011/tt-Bnnptnt: The Provisions On Registration And Validation Of Food Ad Content In The Field Of The Management Of The Ministry Of Agriculture And Rural Development.

Original Language Title: Thông tư 75/2011/TT-BNNPTNT: Quy định về đăng ký và xác nhận nội dung quảng cáo thực phẩm thuộc lĩnh vực quản lý của Bộ Nông nghiệp và Phát triển nông thôn

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Pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP of the Government 10/9/2009 to modify article 3 of Decree 1/2008/ND-CP dated 9 January 2008 by the Government;

Food Safety Law bases the number 55/2010/QH12 was National Assembly XII, session 7 through 17 June 2010;

The base ad Ordinance No. 39/2001/PL UBTVQH-November 16, 2001;

Pursuant to Decree No. 24/2003/ND-CP of August 13, 2003 detailing the Government's enforcement of the Ordinance on advertising;

The Ministry of agriculture and rural development regulation on registration and validation of food ad content in the field of the management of the Ministry of agriculture and rural development as follows: chapter I GENERAL PROVISIONS article 1. Scope this regulation circular sequence, procedure, jurisdiction to confirm the content of food advertising in the field of the management of the Ministry of agriculture and rural development; the responsibilities and powers of the parties concerned.

Article 2. The object that applies to this circular apply to organizations and individuals in and outside the country of production, the food business to have advertising on the territory of Vietnam or the ad service business organized, individual manufacturing, food business authorized made ads (hereinafter referred to as the base).

Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. food advertising: activity is introducing food products to consumers due to the Organization, individual manufacturing, food business directly conduct or coordination, or sponsorship, authorization for other units proceed;

2. institutional coordination: food Is food that contains ingredients from 2 (two) types of raw material or food derived from at least 2 (two) in 3 (three) groups of sectors: plant origin products; products of animal origin on land; Fisheries and aquaculture products.

Article 4. Conditions to confirm the ad content 1. The basis of the full registration and profile fit according to the provisions of article 7 of this circular;

2. food products are produced from the base to meet regulations on conditions of food safety or products of base/country named in the list was Vietnam authorities allowing imports into Vietnam as prescribed;

3. Advertising content accuracy, proper food quality, food safety (FOOD SAFETY) as publication and registration.

Article 5: assigned to the evaluation and validation of the content of advertising 1. The central level: the quality management Department of agriculture forestry and fisheries, in cooperation with the relevant units of the Ministry and invite external experts (if needed).

a) implementation evaluation for food products; food products manufacturing business is exports and moderate consumption of domestic products;

b) quality management Bureau of agriculture and forestry production and fisheries is the permanent agency receiving records, processing organization, appraisal records, announced the evaluation result and confirm the advertising content of foods for the base under the provisions of this circular.

2. Local level: the quality management Department of agriculture forestry and fisheries or the Unit Department of agriculture and rural development Affairs chaired, in cooperation with the relevant units in the Department and invited external experts (if needed).

a) implementation evaluation of the advertising content for other types of food production and business establishments in the only local produce for domestic consumption;

b) quality management Bureau of agriculture and forestry production and fisheries or the Unit Department of agriculture and rural development is a permanent agency receiving records, processing organization, appraisal records, announced the evaluation result and confirm the advertising content of foods for the base under the provisions of this circular.

3. The relevant unit involved evaluation of the registration records confirm the advertising content of food according to the assignment referred to in paragraph 1, paragraph 2 this is the agencies involved in food safety management in the process of production, trading for the following product groups : a) the product originates;

b) products of animal origin on land;

c) fisheries and aquaculture products;

d) Salt;

DD) food distribution (in the range reassigned management of Ministry of agriculture and rural development).

Article 6. Cost of implementation 1. Valuation fees registration documents and confirm the subscription content advertising is done according to the current rules of the Ministry of finance.

2. the case of the financial regulation on the costs of fees, permanent agency planning, provision of funding from its annual budget, the approval authority.

Chapter II REGISTRATION PROCEDURE, CONFIRM, CANCEL CONFIRMED FOOD ADVERTISING CONTENT to article 7. Registration form 1. First registration: apply for unconfirmed base advertising or subscription basis has been confirmed but was cancelled.

2. Registration: the base has been confirmed the advertising content of food products, but changes in ad content or expiry of certificate validity.

Article 8. The registration records of the facility referred to in article 2 of this circular must submit full 01 (a) record the registration confirm food advertising content to permanent bodies according to the provisions of article 5 of this circular. Application includes: 1. initial registration: a Paper confirmation suggested) the advertising content of food according to the form prescribed in annex 1 attached herewith;

b) certified copies of certificates of eligibility basis of food safety inspection results or reviews of conditions to ensure the Agency's food safety authority validity (applicable to business production facilities in the country);

c) certified copies of business registration certificate for conformity of production and business establishments;

d) certified copies reported receiving a proper disclosure rules (with regard to products published conformity), published standards (if any);

scientific documents) demonstrate the nature and uses of products such as subscription content advertising;

e) for genetically modified foods, irradiated imports must have a certificate of free circulation (CFS) and other relevant documents in accordance with the law;

g) draft scheduled content ads (video clips, photos, news, articles);

h) authorization of facility (applicable to registered cases confirmed by the advertising business advertising service).

2. Registration: a Paper confirmation suggested) the advertising content of food according to the form prescribed in Appendix 2 attached to this circular;

b) A presentation with additional amendments document involves changes to the advertising content of food;

c) documents as defined in Point b of Paragraph 1 of this article is valid as a rule;

d) draft scheduled content ads (video clips, photos, news, articles).

3. Registration confirmation sent to permanent bodies by one of the forms such as: direct, Fax, E-mail, electronic network (then send the originals by mail).

4. The base case production of food business in domestic consumption has been the permanent agency confirmed local advertising content but then have to export, the basis must sign to confirm the ad content at the central level permanent agency immediately upon expiration of the advertising content certification of food due to permanent bodies of local-level validation.


5. where the registered content certifications have been granted ads but lost, misplaced or damaged, the facility must have text sent to permanent bodies to be reviewed again. In the time of 5 working days from the receipt of the text of the recommendation, the permanent agency base reissuing for base.

Article 9. Receiving and handling of records 1. Permanent bodies according to the provisions of article 5 of this circular are responsible for receiving the registry records confirm the advertising content of the base sent to;

2. During 3 (three) working days from the date of registration of the facility, the permanent agency must verify the record, additional base guide what content is missing or not correctly specified.

Article 10. Assess and confirm the advertising content 1. During the time of no more than 20 working days from the date of the application in full and valid, permanent agencies announced results evaluation for the basis of the following: a) confirm food ad content for satisfactory evaluation form Appendix 3 attached to this circular;

b) notice in writing of cases unsatisfactory appraisal, which stated the reason not yet confirm the advertising content and the need for additional requests, edit.

2) validity period for the validation of food advertising content based on: a) the validity of the certificate of the eligible basis of food safety inspection results or reviews the condition of ensuring food safety of the competent bodies is still in force (applied to domestic production);

b) the effect recognizes water for export or manufacturing facilities of the exporting country (applies to imported products).

Article 11. Remove advertising content verification facility has been confirmed the ad content will be a permanent agency notice of cancellation content advertising confirmation in writing in the following cases: 1. Production facilities business advertising food products has been confirmed but discontinued;

2. The fake, fix the registered content of ads in the profile;

3. the base's food product detection inspections does not guarantee food safety and quality, according to the regulation, evaluation test results classified unsatisfactory according to the rules.

Chapter III the RESPONSIBILITIES and POWERS of the PARTIES CONCERNED in article 12. Registered establishments to confirm the ad content 1. Perform the registration confirm the advertising content of food as defined in article 8 of this circular;

2. the full observance of the requirements of regulations confirm the ad content as specified in this circular;

3. Be responsible before the law for the accuracy, honesty with regard to the Declaration and registration content of food advertising in accordance with the law;

4. Observance of the inspection, testing, monitoring and disposal of the competent authority;

5. Only food products advertised as certificate advertising content validity;

6. food facility has been appraised satisfactory ad content as a rule allowed advertising on the national scope;

7. Filing fees according to the current rules of the Ministry of finance.

Article 13. Permanent bodies 1. Receiving registration documents and guidance the basis registration confirm the advertising content of food;

2. Hosted, in cooperation with the relevant units: a) examine the records registered and verified the content of food advertising as defined in article 9, article 10 of this circular;

b) announced on electronic information page of the unit on the base directory and the product has been confirmed, the basis of cancellation confirm the advertising content of food;

c) inspecting and monitoring food advertising activities of the base has been confirmed by the hierarchy in condition 5 of this circular;

d) handles cases of violation of regulations on advertising content as prescribed;

3. the Permanent Central Agency to inspect and monitor activities confirm subscription content advertising by local-level implementation.

4. Hosted, in cooperation with the relevant units of the Ministry and invite external experts (if needed) assess the registration records confirm the advertising content of the base according to the assigned management at article 5 of this circular.

5. Six months or irregularly (when required), the permanent organs at the central level to report the Ministry of agriculture and rural development; permanent local authority report Department of agriculture and rural development on the situation confirm the advertising content of food, cases of violation of the provisions of this circular.

Article 14. The relevant units of the Ministry of agriculture and rural development 1. In collaboration with the Department of management of the quality of agricultural production and fisheries the evaluation of the content of ads subscription basis for foods in the relevant range according to the assigned management when required;

2. Information on the Ministry of agriculture and rural development (through the quality management Department of agriculture forestry and fisheries) of cases discovered the facility does not comply with the validation rules on food advertising content as prescribed in this circular.

Article 15. The Department of agriculture and rural development 1. Assigned units is the permanent agency receiving records and evaluation organizations confirm the advertising content of foods for the base according to the assigned in article 5 of this circular;

2. Directs, guides the subdivisions make check, supervise the deployment of organization of this circular in the range is assigned to the province;

3. Six months or irregularly (when required) to report to the Ministry of agriculture and rural development (through the quality management Department of agriculture forestry and fisheries) management confirm the advertising content of food and cases of violation of the provisions of this circular;

Chapter IV the TERMS OF IMPLEMENTATION of article 16. Effective enforcement of this circular are enforceable after 45 days from the date of signing.

Article 17. Additional amendments In the implementation process, if there are difficulties and obstacles, the agencies, organizations and individuals concerned to promptly reflect in writing on the Ministry of agriculture and rural development (through the quality management Department of agriculture forestry and fisheries) to review, amend, Supplement.