Circular No. 40/2012/TT-BCT on grant of food advertisement content certificates under the management of the Ministry of Industry and Trade

Article 1. Scope of regulation TRADE This Circular provides the competence, order and procedures for certification of adve1tisement Circular No. 40/2012/TT-BCT of contents being names, ingredients, uses, use December 21, 2012, on grant of food instructions, preservation and effect warnings advertisement content certificates (if any) of one or a group of the following kinds under the management of the Ministry of food (below refened to as advertisement of Industry and Trade contents): liquor, beer, soft drink, processed Pursuant to the Government's Decree No. milk, vegetable oil, processed flour and starch 189/2007/ND-CP of December 27, 2007, products, confectione1y and jam. defining the functions, tasks, powers and AI·ticle 2. Subjects of application organizational structure of the Ministry of Industry and Trade,· This Circular applies to: Pursuant to the Government's Decree No. 1. Organizations and individuals producing, 44/2011/ND-CP of June 14, 2011, amending and processing, packaging and trading in liquor, 6 Issue nos 07-08/Januarv 2013 (Cong Bao nos 29-30/January 19, 2013) beer, soft drink, processed milk, vegetable 3. Adve1tisement contents may be adve1tised oil, processed flour and starchy products, nationwide after being ce1tified by competent confectione1y and jam which are advertised in agencies. the Vietnamese te1Tito1y (below refe1Ted to as establishments). Article 5. Responsibilities of establishments r e gistering for advertisement content 2. Other related agencies, organizations and certification individuals. A n e s t a b l i s h m e n t r e g i s t e r i n g for

Article 3. Conditions for obtaining advertisement content certification shall: advertisement content certificates 1. Register for advertisement content 1. The establishment has a complete and certification in accordance with Chapter II of valid registration dossier as prescribed in this Circular. Al.tide 8 of this Circular. 2. Take responsibility before law for the 2. The food products are outside the list of accuracy and truthfulness of its declaration products and goods banned from advertising and registration of food adve1tisement contents under cmTent law. under regulations. 3. The establishment's food products meet food safety requirements or are of establishments/ 3. To adve11ise food in accordance with the countries on the list of those recognized by certified contents only. competent Vietnamese agencies to fully meet 4. To adve1tise food only when the food food safety requirements under cu1Tent law. advertisement content certificate remains 4. Advertisement contents are accurate and valid. trne to the quality and food safety assmance as 5. To suspend food advertisements with an ounced and registered. inappropliate contents in the course of market

Article 4. Principles of advertisement inspection. contents 6. To pay charges and fees for the grant of 1. One dossier of registration for ce1tification adve1tisement content ce1tificates in accordance of advertisement contents is made only for one with cu1Tent law. kind of food product.

Article 6. Responsibilities of adve1tisement 2. Adve1tisement contents may be used in content ce1tification agencies different forms of advertisement (in the mass media, on packages, leaflets, posters, books, An advertisement content certification newspapers, etc.). agency shall: Issue nos 07-08/Januarv 2013 7 (Cong Bao nos 29-30/January 19, 2013) 1. Receive registration dossiers and guide 2. Re-registration: Applicable to food establishments in can-ying out registration products whose adve1tisement contents have procedures. been certified but later change or whose advertisement content certificates expire. 2. Assume the p1ime responsibility for, and coordinate with related units in:

Article 8. Dossiers of registration for food a/ Appraising registration dossiers, notifying advertisement content ce1tification appraisal results and granting adve1tisement An establishment specified in Alticle 2 of content ce1tificates in accordance with Alticle this Circular shall submit 1 (one) complete 9 of this Circular; dossier of registration for advertisement b/ Publish on the websites of competent content ce1tification confonnable with food agencies specified inAlticle 13 of this Circular safety regulations to an adve1tisement content lists of food products of establishments having ce1tification agency specified in A1ticle 13 of obtained adve1tisement content ce1tificates and this Circular. establishments having adve1tisement content 1. A first registration dossier comp1ises: certificates cancelled; a/ An application for food advertisement c/ Inspect and supe1vise food adve1tising content ce1tification, made according to a set activities of certified establishments according fonn; to the competence prescribed in Alticle 13 of b/ A ce1tified copy of the valid certificate of this Circular. the establishment's eligibility for food safety Chapter II granted by a competent agency; DOSSIERS, PROCEDURES AND c/ A certified copy of the establishment's COMPE TENCE TO GRANT FOOD business registration certificate with relevant ADVERTISEMENT CONTENT business line; CERTIFICATES d/ A certified copy of the receipt of the regulation confo1mity statement (for products

Article 7. Registration for advertisement for which technical regulations have been content ce1tification promulgated and effective) or food safety 1. First registration: Applicable to each kind regulation confo1mity statement (for products of food of a producer having not obtained an for which conesponding technical regulations adve1tisement content certificate or to food have not been promulgated and effective); products having obtained an advertisement e/ Scientific documents evidencing that the content certificate which is, nevertheless, products' properties and uses are the same as cancelled. registered adve1tisement contents; 8 Issue nos 07-08/Januarv 2013 (Cong Bao nos 29-30/January 19, 2013) f/ The draft advertisement version (video of this Circular and notify the establishment of clip, image, rep01tage, article, etc.); the result of adve1tisement content appraisal g/ Advertising written authorization by: or advertising service hiring contract, for a/ Granting a food adve1tisement content registration for advertisement certification by certificate, made according to a set fo1m, if the advertising service providers. adve1tisement contents are eligible; 2. A re-registration dossier comprises: b/ Issuing a notice clearly stating the a/ An application for food advertisement reason for not certifying the advertisement content ce1tification, made according to a set contents and requirements for adjustment, fonn; supplementation and completion of the dossier, if the advertisement contents are ineligible. b/ A written explanation enclosed with documents related to the modified adve1tisement 3. The validity te1m of a food adve1tisement content; content ce1tificate is based on: c/ The documents specified at Points b and a/ The validity of the certificate of the f, Clause 1 of this Alticle. establishment's eligibility for food safety 3. All the documents specified in Clauses 1 granted by a competent agency (applicable to and 2 of this A1ticle must bear the seal of the domestic establishments); agency, organization or person registering for b/ The validity of a competent Vietnamese food advertisement content ce1tification. agency's written recognition of eligibility for food safety of the Vietnam-bound food

Article 9. Receipt, appraisal and grant of exporting count1y or establishment. food advertisement content ce1tificates 1. Within 3 (three) working days after Article 10. Re-grant and grant of food receiving a registration dossier from an advertisement content ce1tificates establishment, an advertisement content 1. When its adve1tisement content ce1tificate certification agency specified in Article 13 of is lost, missing or damaged, an establishment this Circular shall verify the dossier and guide may send a w1itten request for re-grant of the the establishment in supplementing the dossier certificate to the competent agency having as required. granted that ce1tificate for consideration. Within 2. Within 15 (fifteen) working days after 5 (five) working days after receiving a written receiving a complete and valid registration request, the adve1tisement content ce1tification dossier, the advertisement content ce1tification agency shall consider re-granting a ce1tificate. agency shall appraise the dossier and collect In case of refusal, it shall issue a written reply charges and fees in accordance with Alticle 12 clearly stating the reason. Issue nos 07-08/Januarv 2013 9 (Cong Bao nos 29-30/January 19, 2013) 2 . A food product having obtained an accordance with law. adve1tisement content ce1tificate under Clause 2, Alticle 13 of this Circular which is adve1tised Chapter III for sale in Vietnam but is later exported IMPLEMENTATION PROVISIONS must be registered for adve1tisement content certification with an advertisement content Article 13. Organization of implementation certification agency specified in Clause 1 of 1. The Science and Technology Department

Article 13. The registration dossier shall be under the Ministry of Industry and Trade shall received and appraised in accordance with act as the focal point in pe1fonning the fimctions

Article 9 of this Circular. specified inAlticle 6 ofthis Circular, receive and appraise dossiers, notify appraisal results and

Article 11. Cancellation of adve1tisement grant food adve1tisement content ce1tificates for content ce1tificates impo1ted food products, expo1ted food products A food adve1tisement content certificate is and food products of establishments obtaining cancelled in the following cases: certificates ofeligibility for food safety from the 1. Advertising food when the certificate Ministry ofIndustry and Trade; and review and expires. repo1t on the implementation of this Circular nationwide. 2. Tampe1ing with or modifying the contents of the ce1tificate. 2. Provincial-level Industry and Trade Departments shall receive and appraise 3. Through inspection, the establishment's dossiers, notify appraisal results and grant food food products are detected to fail to meet adve1tisement content ce1tificates for food sold presc1ibed food quality and safety requirements in Vietnam of food producers and ti·aders in their or fail to meet inspection, assessment and provinces or cities which obtain certificates of classification requirements. eligibility for food safety from provincial­ 4. Adve1tising food untruthfully, causing level Industiy and Trade Departments; and confusion to consumers, or not in confonnity periodically and inegularly review and report with the ce1tificate. on the implementation of this Circular in their provinces or cities to provincial-level People's

Article 12. Charges and fees Committees and the Ministry of Industry and Organizations and individuals registe1ing Trade. for advertisement content certification shall

Article 14. Effect pay charges and fees for the appraisal and grant of food adve1tisement content ce1tificates to 1. This Circular takes effect on Februa1y advertisement content ce1tification agencies in 3, 2013. 10 Issue nos 07-08/Januarv 2013 (Cong Bao nos 29-30/January 19, 2013) 2. Any problems arising in the comse of implementation should be promptly rep01ted to the Ministry of Industry and Trade for consideration and settlement.- r For the Minister of Industry and Trade Deputy Minister NGUYEN CAM TU