current status of nutrition & health claims in vietnam
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CURRENT STATUS NUTRITION
LABELING AND CLAIMS IN
VIET NAM
1
LE THI HONG HAO Ph.D.
NATIONAL INSTITUTE FOR FOOD CONTROL OF VIETNAMAddress: 13 – Phan Huy Chu str. – Hoan Kiem dist– Hanoi City – Vietnam
CONTENTS
1. Vietnam food hygiene and safety management network
2. Food labeling and product claims legislations in Vietnam
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3. Structure of the Decree No. 89/2006/ND-CP on Goods labeling
4. Procedure of product claims based on Decision No. 42/2005/QD-BYT
5. Conclusion
PART I.FOOD HYGIENCE AND SAFETY MANAGEMENT
NETWORK IN VIETNAM
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FOOD HYGIENCE AND SAFETY MANAGEMENT NETWORK IN VN
GOVERNMENT
MOHMARD MOIT
Stages control
production, collection,
slaughter, processing,
storage, transportation,
export and import
business
production, processing,
storage, transportation,
export and import
business
production, processing,
storage, transportation,
export and import
business
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Products control
cereals, meat and meat
products, aquatic and
aquatic products,
vegetables, tubers, fruits
and vegetable products,
fruits, eggs and egg
products, raw milk, honey
and honey products from
genetically modified
foods, salt and other
agricultural products
food additives, food
processing aids,
bottled water, natural
mineral water,
functional foods and
other foods
wine, beer, soft drinks,
processed milk ,
vegetable oil, flour and
processed starches and
other foods
FOOD HYGIENCE AND SAFETY
CONTROL NETWORK IN VN
MOH
Food testing
- Food Rerence laboratoryFood compositions - Food additives and food processing aids- Minerals and heavy metals- Microorganisms- Pesticide residues- Food toxicants- GMO, antibiotics- Prepare reference material
VFA
- Food compositions
- Food additives and
food processing aids
- Minerals and heavy
metals
- Food compositions
- Food additives and
food processing aids
- Minerals and heavy
metals
- Microbiologies
- Food compositions
- Food additives and
food processing aids
- Minerals and heavy
metals
- Microbiologies
- Pesticide residues
- Food compositions
- Food additives and
food processing aids
- Minerals and heavy
metals
- Microbiologies
- Pesticide recidures
NIN IHPHTIHE NPI
NIFC
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PMCs
District
Communes
- Microorganisms -
Pesticide residues
- Food toxicants
29 Northern
provincial PMCs
19 Southern
provincialPMCs
(South East, South
West and Ho Chi
Minh city)
5 Central Highlands
provinccial PMCs
(KonTum, Gia Lai,
Daklak, Daknong, Lam
Dong)
- Microbiologies
- Pesticide recidures
- Food toxicants
- Pesticide residues
Food toxicants
District Medical Offices, district health centers
Commune Health Stations
11 Central provincial
PMCs (from Quang
Binh to Binh Thuan
provinces)
- Pesticide recidures
- Food toxicants
PART II.FOOD LABELING AND CLAIMS LEGISLATION
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FOOD LABELING AND CLAIMS LEGISLATION
IN VIETNAM
REGULATIONS RELATED TO FOOD LABELING
• Decision 178/1999/QD-TTg dated 30.08.1999 on "Regulation on labeling of
goods for goods produced for domestic circulation, import and export goods
for consumption in Vietnam and goods production for export. "
• Decision 95/2000/QD-TTg dated 08.15.2000 on adjusting and
supplementing a number of issues together with Decision 178/1999/QD-
TTg.
• 34/1999/TT-BTM Circular dated 15/12/1999 guiding the implementation of
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• 34/1999/TT-BTM Circular dated 15/12/1999 guiding the implementation of
Decision 178/1999/QD-TTg.
• Circular dated 30/6/2000 15/2000/TT-BYT on food labeling guidelines.
• Decree 74/2000/ND-CP dated 06/12/2000 on labeling regulation substitutes
for breast milk
• TCVN 7087 :2002 (Codex Stan 1-1991) labeling of prepackaged foods
• TCVN 7088 : 2002 (CAC/GL 2 - 1993 ) Guidelines on nutrition labeling
• TCVN 7089:2002 General standard for the labeling of food additives
• Decree No. 89/2006/ND-CP on Goods labeling
REGULATIONS RELATED TO PRODUCT CLAIMS
• Published regulations on quality standards of products and goods
(Issued together with Decision No. 03/2006/QD-BKHCN on 10/01/2006 of the Minister of
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BKHCN on 10/01/2006 of the Minister of Science and Technology).
• REGULATION OF PRODUCT DISCLOSURE OF FOOD STANDARDS(Issued together with Decision No. 42/2005/QD -BYT December 8, 2005 the Minister of Health)
PART III.
Decree No. 89/2006/ND-CP on
Goods labeling
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Structrure
(5 chapter and 29 article)
Article 1. Scope
Article 2. Application objects
Article 3. Definitions
Article 4. Applicable international agreements
Structure of the DecreeChapter I. GENERAL PROVISIONS
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Article 4. Applicable international agreements
Article 5. Goods must be labeled
Article 6. Location of labels
Article 7. Size of labels
Article 8. Color of letters, symbols and images on labels
Article 9. Language used on labels
Article 10. Responsibility for labeling
Article 11. Content must appear on labels
Article 12. Content required on the label must reflect the nature of the goods
Article 13. Name of goods
Article 14. Names and addresses of organizations and individuals
Structure of the Decree Chapter II. HOW TO WRITE AND CONTENTS OF GOODS LABELS
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Article 14. Names and addresses of organizations and individuals responsible for the goods
Article 15. Quantity of goods
Article 16. Production date, expiry date, shelf-life
Article 17. Origin
Article 18. Ingredients, ingredient quantities
Article 19. Specifications, information, hygiene warning, safety
Article 20. Other items shown on labels
Article 21. Responsibilities of the Ministry of Science and Technology
Article 22. Responsibilities of ministries, ministerial-level agencies, Government agencies
Article 23. Responsibilities of People's Committees of provinces and cities under direct Central Administration
Structure of the Decree
Chapter III. STATE MANAGEMENT RESPONSIBILITIES OF GOODS LABELS
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cities under direct Central AdministrationPeople's Committees of provinces and centrally within the duties, powers, implementing state management on local labels.
Article 24. Competence to handle violations of labels
Article 25. Handling of violations committed by organizations and individuals manufacturing business, agent, export, import
Article 26. Handling of violations committed by organizations and individuals under the State management agencies
Structure of the Decree
Chapter IV. HANDLING OF VIOLATIONS OF GOODS LABELS
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individuals under the State management agencies
Article 27. To settle complaints and denunciations
Article 28. Effect
Article 29. Responsibility for implementation
Structure of the Decree
Chapter V. IMPLEMENTATION PROVISIONS
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Decree No. 89/2006/ND-CP on
Goods labelingContents
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Contents
Article 5. Goods must be labeled
1. Goods for Domestic circulation, exports, imports must be labeled under the provisions of this Decree, except for cases stipulated in clauses 2, 3 and 4 of this Article.
2. Goods not required to label: a) The goods are fresh food, living food, food processing and packaging does not sell directly to consumers; b) Goods are fuel, raw materials (agricultural, fisheries
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and packaging does not sell directly to consumers; b) Goods are fuel, raw materials (agricultural, fisheries and minerals), building materials (brick, tile, lime, sand, stone, gravel, cement, soil, mortar, concrete mix commercial products), waste (in production or business) without the packaging and for sale under direct agreement with consumers.
3. Where organizations and individuals to import foreign goods of Vietnam labeling requirements under purchase contracts for goods and take responsibility for their claims, the organization or individual shall export goods under contract with the required conditions did not distort the nature of the goods, not violation of the law of Vietnam and the law of the importing country.
4. Goods on the field of security and defense is radioactive goods, goods used in emergencies in order
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radioactive goods, goods used in emergencies in order to overcome natural disasters and epidemics; transport railway, waterway, airway; found by agencies of state confiscation of auction and liquidation have separate regulations. Specialized management ministries shall, in coordination with the Ministry of Science and Technology labeling regulations in the cases specified in this paragraph.
Article 9. Language used on labels
1.The content shown on the required label must be written in Vietnamese, except for cases stipulated in Clause 4 of this Article.
2. For Goods produced and circulated in the country, in addition to implementing the provisions of Clause 1 of this Article, the content
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provisions of Clause 1 of this Article, the content shown on the label can be written in another language. Content in the other language should be equivalent to the content in Vietnamese. Size of text written in other language shall not be not larger than the size of the text in Vietnamese.
3. For goods imported into Vietnam, when the content on the labeldoes not fully meet the required content in Vietnamese language, there must be additional labels showing the content required in Vietnamese and keep original labels of the goods. Content in Vietnamese language be equivalent to the original content on labels.
4. The following items are allowed in the original language using Latin letters : a) The international or scientific name of the drug for human use in case there is no equivalent Vietnamese name; b) The international or scientific name together with the chemical
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in case there is no equivalent Vietnamese name; b) The international or scientific name together with the chemical formula, structural formula of chemicals; c) The international or scientific of ingredients, ingredient quantities of goods in case they can not be translated into Vietnamesese or translated Vietnamese term has no meaning; d) The name and business address of foreign manufacturer or forgein franchised producer.
Article 11. Content must appear on labels
1. Goods labels must show the following: a) Name of goods; b) Name and address of organizations and individuals responsible for the goods; c) Origin of goods.
2. In addition to the contents prescribed in Clause 1 of this
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2. In addition to the contents prescribed in Clause 1 of this article, depending on the nature of each type of goods, there must be on labels required content specified in Article 12 of this Decree and the provisions in the related legal documents, ordinances.
Article 12. Content required on the label must
reflect the nature of the goods
1. Agriculture Food product: a) quantitative; b) Date of manufacture; c) Expiry date.
2. Food: a) quantitative; b) Date of manufacture; c) Expiry date; d) Content or quantitative components;
4. Alcohol: a) quantitative; b) ethanol concentration; c) Guide on maintenance (for wine).
5. Cigarettes: a) quantitative; b) Date of manufacture; c) Information, hygiene warning,
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d) Content or quantitative components; e) Information, hygiene warning, safety; f) Instructions for use, storage instructions.
3. Beverages (except alcohol): a) quantitative; b) Date of manufacture; c) Expiry date; d) Content or quantitative components; e) Information, hygiene warning, safety; f) Instructions for use, storage instructions.
c) Information, hygiene warning, safety and health.
6. Food additives: a) quantitative; b) Date of manufacture; c) Expiry date; d) Content or quantitative components
e) Instructions for use, storage instructions.
Article 13. Name of goods
Name of goods are defined by organizations and Name of goods are defined by organizations and
individuals producing and trading goods setindividuals producing and trading goods set. Name of
goods must not misrepresent the nature and function of
goods.
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goods.
Where the name of the ingredient is used as the name or
partial name of the goods, the quantity of that ingredient
must be shown, except the cases stipulated in Clause 4,
Article 18 of this Decree.
Article 15. Quantity of goods
1. Goods are quantified by measuring quantities prescribed by the law of Vietnam on metrology.
2. Goods are quantified by the number of counts must be shown by nature.
3. Where in a commercial packaging unit has many goods, they must record the quantity of each goods unit
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goods, they must record the quantity of each goods unit and total quantity of units or quantities of goods of each unit quantity of goods and commodities unit .
4. The quantity of goods are presented following the modes specified in Annex I of this Decree.
Article 18. Ingredients, ingredient quantities
1. Ingredients are registered materials including additives used to produce goods and finished products exist in the form even where the material has been altered. Where the name of the ingredient listed on labels to draw attention to the composition of goods that must be shown quantitatively.
2. Ingredients and quantities are recorded together with the composition of each component. Depending on the nature and status of goods, the quantities ofingredients are presented as the mass of that ingredient in a product unit or as one of the ratios: mass/mass, mass/volume, volume/volume, percentage volume; percent by volume.
3. For some commodities, the credit component, ingredient quantities are defined as follows:
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as follows: a) food ingredients must be in order from high to low in volume. With an additive component, there must be an additive group name, name of the additive, international code (if any).
In case of a flavoring, sweetener, coloring besides the content It must be shown the substance is "natural" or "synthetic"; b) With respect to drugs, vaccines, medical bio-products, biological products, veterinary drugs, plant protection agents, there must be composition and concentration of the active ingredient; c) For cosmetic ingredients, it must include additives;
4. Modes of presentation of Ingredients, ingredient quantities different from thosestipulated in Clause 3 of this Article are specified in Annex III of this Decree.
PART IV. PRODUCT QUALITY
CLAIMS PROCEDURE
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CLAIMS PROCEDURE
Goods standard Claim
According to Decision No. 03/2006/QD-BKHCN
on 10/01/2006 of the Minister of Science and
Technology, In article 2, item 1.b, for products
and goods on the list of products, goods subject
to applicable industry standards or other
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to applicable industry standards or other
standards (including international, regional and
foreign standards or Vietnam standards)
instructions are given by the Ministry in charge
specialized management regulations.
Therefore, we follow MOH regulations
Claim Procedure• Step 1: Product facilities submit the product claims records to Food
management authorities for registration.
• Step 2 : The authorities receive dossiers, receive document, return receipt to the applicants.
• Step 3: The state authority agency specified check for conformance with the provisions of the dossier. If the file is not valid, after 07 working days a writtendocuments to the trader asking for completing set the dossier . Additional Profiles accented letter dated receipt of additional records.
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documents to the trader asking for completing set the dossier . Additional Profiles accented letter dated receipt of additional records.
• Step 4: Evaluation review after 10 working days from the date of receiving the complete dossier and valid assessment instrument established by the rules of the competent authorities for approval
• Step 5: Check the results for base and record
• Manners: Through the mail or direct deliver to food administration offices
Decision No. 42/2005/QD-BYT
the Minister of HealthStructrure
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Structrure
(4 chapter and 13 article)
Article 1. Scope and Application objects
Article 2. Definitions
Structure of the RegulationChapter I. GENERAL PROVISIONS
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Article 2. Definitions
Article 3. The Claim dossierArticle 4. Claim ProcedureArticle 5. Regulations on coding for product cetificate
Article 6. Responsibilities of traders
Structure of the Regulation
Chapter II. DOSSIER AND PROCEDURES STANDARD PRODUCTS CLAIM
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Article 7. The extension claim dossierArticle 8. Extension Claim procedures
Structure of the RegulationChapter III. DOSSIER AND PROCEDURES EXTENSION PRODUCTS
STANDARD CLAIM
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Article 9. Periodical Examination
Article 10. Sampling methodology for Periodical Examination
Article 11. Decentralization periodical Examination
Article 12. Unforeseen Inspection, examination
Article 13. Fees and reports
Structure of the RegulationChapter IV. EXAMINATION, INSPECTION,FEE AND REPORT
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Article 13. Fees and reports
Decision No. 42/2005/QD-BYT the Minister of Health
Contents
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Contents
Article 3. The claim dossier1. For domestically produced food and materials of direct contact with food product (packaging), establish 02 copies of dossier, each comprising: a) The product standards
b) The manufacturer’s standards issued by the trader (stamped)c) Certificate of business registration of Vietnamese traders or permit of the establishment of representative offices of foreign companies (notarized copies). d) Certificate of analysis
e) A labeled specimen and a label or the draft label in accordance with law on labeling (stamped by traders).
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law on labeling (stamped by traders). f) An application for a certificate of basic sanitary conditions, food safety issued by competent state agencies or the certificates issued (copy). g) Copy of certificate of trademark owners (if any). h) Copies of receipts for payment of appraisal fees and fees for record levels of certification bodies competent for certification. i) For food irradiation, genetically modified food, new technologies or products in raw material composition containing GMO origin, irradiated in the published record must have a copy of the certificate biosafety, radiation safety and production process explanation.
Article 3. The dossier claim2. For imported food:
For imported foods is not special foods mentioned in Clause 10, Article 2, the record made in 2002, each comprising:
a) As the points a, b, Clause 1 of this Article. b) Certificate of business registration of traders Vietnam or permit the establishment of representative offices of foreign companies (notarized copies). c) Standard Products (Products Specification)
d) The product label or photographs of the label and the draft contents of additional labels
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additional labels
e) a notarized copy of a foreign country or in one of the following certificates (if any): Certificate of GMP (Good Manufacturing Practices), HACCP (Hazard Analysis system and critical control point ) or equivalent certificate. f) Copies of receipts for payment of appraisal fees and fees for record levels of certification bodies competent for certification. g) Copy of commercial contracts (if any). h) For food irradiation, genetically modified foods must have a copy of the certificate for export used for the same purpose on the territory of that country and explanatory processes.
V. CONCLUSION
• The first vietnamese Food law was issued in June 2010 and will be effective from July 2011.
• Now, ongoing circulars are being developed as guide to application of food
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developed as guide to application of food law.
• Circular on instructions on food labeling has also been established in compliance with international guidance.
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