Chương IV Nghị định 100/2014/NĐ-CP: Trách nhiệm trong kinh doanh và sử dụng sản phẩm dinh dưỡng dùng cho trẻ nhỏ

Chapter IV

RESPONSIBILITIES IN TRADING AND USE OF NUTRITIOUS PRODUCTS FOR INFANTS

Article 11. Responsibilities of establishments producing and trading in nutritious products for infants

1. Production and business establishments shall:

a/ Sell nutritious products for infants which meet the published food quality and safety regulations and standards;

b/ Provide accurate and scientific information on and proper usage of nutritious products for infants to physicians, medical workers and consumers under Articles 4 and 5 of this Decree.

2. Production and business establishments may not:

a/ Produce or trade in nutritious products for infants which fail to meet the published regulations or standards; or trade in products with expired use duration or without labels or packages;

b/ Send their employees to directly or indirectly contact mothers, pregnant women or members of their families at or outside medical establishments in order to advertise, disseminate and encourage the use of breast milk substitutes;

c/ Display breast milk substitutes or complementary foods for under-6 month infants at medical establishments; display names or logos of breast milk substitutes on banners, posters and other leaflets in supermarkets, retail stores and medical establishments;

d/ Apply sales promotion measures for breast milk substitutes such as giving free samples, coupons, rewards, gifts, point accumulation for rewards, discount or any other forms;

dd/ Grant scholarships, provide funds for scientific research, training courses, conferences, workshops, music concerts, contests, stage performances, making of films or video clips, telephone counseling services or other forms in order to disseminate and introduce products, promote the sales or use of breast milk substitutes;

e/ Provide or support the provision of information, education and communications about infant nurturing so as to disseminate, introduce and promote the sales and use of breast milk substitutes.

Article 12. Responsibilities of medical establishments

1. Medical establishments shall:

a/ Provide counseling about breastfeeding to pregnant women, nursing mothers and members of their families;

b/ Disseminate, put up panels and posters or broadcast images with contents prescribed in Articles 4 and 5 of this Decree at antenatal clinics, labor and delivery clinics, postpartum rooms, nutrition counseling clinics or easy-to-notice places or places where concentrate pregnant women, nursing mothers and members of their families;

c/ Create conditions for mothers to feed their newborns within the first hour after birth, exclusively breastfeed for the first six months of life, and continue breastfeeding until 24 months and beyond.

2. Medical establishments may not:

a/ Sell, or permit the sale of, breast milk substitutes at medical establishments, except hospital drugstores;

b/ Permit establishments producing or trading in breast milk substitutes to display or post up any utensils or equipment bearing names or logos of breast milk substitutes, feeding bottles and teats at medical establishments;

c/ Permit employees of establishments producing or trading in breast milk substitutes to meet or contact nursing mothers and pregnant mothers in any forms;

d/ Receive breast milk substitutes; material benefits; utensils bearing names or logos of breast milk substitutes which are given by production and business establishments.

Article 13. Responsibilities of physicians and medical workers of medical establishments

1. Physicians and medical workers of medical establishments shall:

a/ Promote, support and protect breastfeeding; understand and strictly comply with this Decree;

b/ Inform nursing mothers and pregnant women of the benefits of breastfeeding and ways of breastfeeding and proper breastfeeding positions;

c/ Help mothers breastfeed their newborns within the first hour after birth;

d/ Give mothers guidance on proper breastfeeding positions and maintain their breast milk when they are far from their infants;

dd/ Counsel mothers and members of their families about exclusive breastfeeding for the first 6 months of life;

e/ Guide and help mothers stay close to their newborns right after birth;

g/ Encourage mothers to breastfeed infants as desired;

h/ Guide mothers and members of their families neither to bottle feed nor use teats;

i/ Encourage the establishment of breastfeeding support groups and introduce mothers to the groups after they are discharged from hospitals;

k/ Identify infants that have to use breast milk substitutes.

2. Physicians and medical workers in medical establishments may not:

a/ Guide the use of breast milk substitutes for under-6 month infants, except the case prescribed by doctors;

b/ Inform pregnant women, nursing mothers or members of their families that breast milk substitutes are as good as or better than breast milk;

c/ Receive directly or indirectly breast milk substitutes, other material benefits or utensils bearing names or logos of breast milk substitutes;

d/ Help production and business establishments give sample products or gifts related to breast milk substitutes;

dd/ Provide lists of names, ages, addresses and telephone numbers of nursing mothers and pregnant women to employees of breast milk substitute production and business establishments or permit them to meet pregnant women and nursing mothers at medical establishments.

Article 14. Management responsibilities

1. The Ministry of Health and other ministries and sectors, the People’s Committees at all levels shall, within the ambit of their tasks and powers, manage the use of nutritious products for infants; manage quality and safety of nutritious products for infants; inspect and examine the implementation of regulations on trading and use of nutritious products for infants, feeding bottles and teats.

2. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and work with the Ministries of Health; Industry and Trade; and Information and Communications in, managing communications on and advertising of nutritious products for infants in accordance with law.

3. The Ministry of Health shall assume the prime responsibility for, and work with the Vietnam Women’s Union Central Committee, socio-political and social organizations in, disseminating and guiding pregnant women, nursing mothers and members of their families the implementation of regulations on trading and use of nutritious products for infants, feeding bottles and teats.