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

5

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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