Thông tư 40/2012/TT-BCT quy định cấp Giấy xác nhận nội dung quảng cáo thực phẩm thuộc trách nhiệm quản lý của Bộ Công thương

CIRCULAR

ON THE ISSUANCE OF THE FOOD ADVERTISEMENT CONTENT CERTIFICATION UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 189/2007/ND-CP dated December 27th 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 44/2011/ND-CP dated June 14th 2011 amending and supplementing Article 3 of the Decree No. 189/2007/ND-CP dated December 27th 2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law of Food safety dated June 17th 2010;

Pursuant to the Government's Decree No. 38/2012/ND-CP dated April 25th 2012, detailing the implementation of a number of articles of the Law of Food safety;

The Minister of Industry and Trade issues a Circular on the issuance of the Certificate of food advertisement contents (hereinafter referred to as Certificate of advertisement contents) under the management of the Ministry of Industry and Trade

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular deals with the authority, order, and procedure for certifying the advertisement contents, product names, composition, usages, instruction, preservation, warnings (if any) applicable to one or some groups of foods (hereinafter referred to as advertisement contents): wine, beer, soft drink, processed milk, vegetable oil, powder, starch products, and confectionery.

Article 2. Subjects of application

This Circular is applicable to:

1. Organizations and individuals that produce, process, package, or trade wine, beer, soft drink, processed milk, vegetable oil, powder, starch, and confectionary that are advertised within the territory of Vietnam.

2. Other organizations and individuals.

Article 3. Conditions for being issued with the Certificate of advertisement contents

1. The dossier of application is complete and valid as prescribed in Article 8 of this Circular.

2. Food products  are not in the list of products banned from advertising as prescribed by current law.

3. Food products satisfy the regulations on food safety conditions, or products of a producer/country of which the fulfillment of food safety requirements is certified by competent authorities of Vietnam as prescribed by current law.

4. The advertisement contents must be accurate and consistent with the quality. Food safety must be ensured as announced and registered.

Article 4. Rules for advertisement contents

1. An application for the Certificate of advertisement contents is used for one advertisement for one food product.

2. An advertisement may be used on multiple advertising media (on mass media, on packages, fliers, posters, magazines, books, etc.).

3. Advertisements issued with Certificates of food advertisement contents may be run nationwide.

Article 5. Responsibility of applicants for Certificates of advertisement contents

An applicant for the Certificate of advertisement contents (hereinafter referred to as applicant) shall:

1. Apply for the Certificate of advertisement contents as prescribed in Chapter II of this Circular.

2. Take responsibility before law for the accuracy of the information provided and the registered food advertisement contents.

3. Run advertisements consistently with the certified contents.

4. Only run food advertisements while the Certificate of advertisement contents is still unexpired.

5. Suspend the food advertisements that are found in appropriate during market inspection.

6. Pay fees for the issuance of the Certificate of advertisement contents as prescribed by current law.

Article 6. Responsibility of the authorities that issue Certificates of advertisement contents

The authorities that issue Certificates of advertisement contents (hereinafter referred to as issuing authorities) shall:

1. Receive applications and provide instructions on the formalities for applying for certificates of advertisement content.

2. Cooperate with relevant units in:

a) Examining applications, notifying verification result, and issuing Certificates of advertisement contents as prescribed in Article 9 of this Circular;

b) Post the list of food products of the applicants issued with Certificates of advertisement contents and the applicants having such certificates invalidated on the websites of competent authorities prescribed in Article 13 of this Circular.

c) Inspect and supervise food advertisements of the Certificate owners as prescribed in Article 13 of this Circular.

Chapter 2.

DOCUMENTATION, PROCEDURE, AND AUTHORITY TO ISSUE CERTIFICATES OF FOOD ADVERTISEMENT CONTENTS

Article 7. Applying for the Certificate of advertisement contents

1. First application: for a food product of a producer that has not been issued with the Certificate of advertisement contents, or the food products that have their certificates of advertisement contents invalidated.

2. From the second application onwards (hereinafter referred to as reapplication): the food products issued with Certificates of advertisement contents but the advertisement contents are changed or the Certificates are expired.

Article 8. The Dossier of application for the Certificate of advertisement contents

An applicant prescribed in Article 2 of this Circular shall send 01 dossier of application for the Certificate of the conformity to the regulations on food safety of advertisement contents (Certificate of food advertisement contents) to an issuing authority prescribed in Article 13 of this Circular.

1. The dossier of first application includes:

a) The written request for the Certificate of advertisement contents according to Appendix I to this Circular;

b) A certified true copy of an unexpired Certificate of fulfillment of food safety conditions issued by a competent authority;

c) A certified true copy of the Certificate of Business registration of the applicant;

d) A certified true copy of the Certificate of Submission of Declaration of Conformity (for products subject to effective technical regulations) or Declaration of Food Safety (for products not being subject to any effective technical regulations);

dd) Scientific documents proving the characteristics and uses of the product consistently with the registered advertisement contents;

e) A draft of the advertisement (video clips, images, reports, articles, etc.)

g) The advertising contract or letter of authorization if the applicant is an advertising service provider.

2. The dossier of reapplication includes:

a) The written request for the Certificate of advertisement contents according to Appendix II to this Circular;

b) The description enclosed with the amended documents relating to the changes of food advertisement contents;

c) The documents prescribed in Point b and Point e Clause 1 of this Article.

3. All documents in the dossier as prescribed in Clause 1 and Clause 2 of this Article must bear the seal of the applicant.

Article 9. Reception, examination, and issuance of certificate of food advertisement contents:

1. Within 03 working days from the day on which the dossier is received, the issuing authority prescribed in Article 13 of this Circular shall check the dossier and guide the applicant to complete it as prescribed.

2. Within 15 working days from the day on which the complete and valid dossier is received, the issuing authority shall carry out the examination and collect fees as prescribed in Article 12 of this Circular, and:

a) Send the applicant the Certificate of advertisement contents according to the template in Appendix III to this Circular if the examination result is satisfactory;

b) Notify the applicant that the examination result is not satisfactory; provide explanation for not issuing the Certificate and the necessary supplements.

3. The validity period of the Certificate of advertisement contents depends on:

a) The validity of the Certificate of fulfillment of food safety conditions issued by a competent authority (applicable to Vietnamese producers);

b) The validity of the document certifying the fulfillment of food safety conditions issued to a country or producer that export foods to Vietnam by a Vietnamese competent authority.

Article 10. Issuance and reissuance of the Certificate of food advertisement contents

1. Where an issued Certificate of advertisement contents is lost or damaged, the applicant shall send a written request for its reissuance to the original issuing authority for consideration. Within 05 working days from the day on which the written request is received, the issuing authority shall consider reissuing the Certificate to the applicant. If the reissuance is rejected, the issuing authority must make a written notification and provide explanation.

2. Where the advertised food products intended to be sold in Vietnam and issued with the Certificate of advertisement contents as prescribed in Clause 2 Article 13 of this Circular are exported, the applicant shall apply for the Certificate of the advertisement contents at an issuing authority prescribed in Clause 1 Article 13, and have the advertisement contents examined in accordance with Article 9 of this Circular.

Article 11. Invalidation of Certificates of advertisement contents

A Certificate of advertisement contents shall be invalidated in the following cases:

1.  Food advertisements are run while the certificate of advertisement contents is expired.

2. The Certificate of food advertisement contents is falsified or forged.

3. The inspection shows that food products of the applicant are not safe, or the inspection result is not satisfactory.

4. The advertisement is false and cause confusion for consumers, or not consistent with the certificate of advertisement contents.

Article 12. Fees

Applicants shall pay the fees for the examination and issuance of Certificates of food advertisement contents to the issuing authorities as prescribed by law.

Chapter 3.

IMPLEMENTATION

Article 13. Implementation organization

1. The Department of Science and Technology – The Ministry of Industry and Trade shall receive applications, carry out examinations, notify results, and issue Certificates of advertisement contents to imported and exported food products, food products of the applicants issued with Certificates of Fulfillment of food safety conditions; and report the implementation of this Circular nationwide.

2. Provincial Services of Industry and Trade shall receive applications, carry out examinations, notify results, and issue Certificates of advertisement contents to foods sold in Vietnam by the local applicants that have been issued with Certificates of Fulfillment of food safety conditions by Services of Industry and Trade; and send periodic and irregular reports on the implementation of this Circular in their localities to provincial People’s Committees and the Ministry of Industry and Trade.

Article 14. Effect

1. This Circular takes effect on February 03rd 2013.

2. Involved organizations and individuals are recommended to report the difficulties arising during the course of implementation to the Ministry of Industry and Trade for consideration and settlement

APPENDIX I

(To the Circular No. 40/2012/TT-BCT dated December 21st 2012 of the Minister of Industry and Trade)

APPLICATION FOR CERTIFICATE OF FOOD ADVERTISEMENT CONTENTS

(used for the first application)

No.       /20……/

To: [the issuing authority]

Pursuant to the Circular No. … /2012/TT-BCT dated …  of the Ministry of Industry and Trade, for the purpose of satisfying the need for advertising foods of … [name of the applicant]; I here by request [name of the issuing authority] to consider and certify the contents of advertisements for the following food products:

1. Information about products:

2. Enclosed documents:

…………………………………………………………………………………………………

…………………………………………………………………………………………………

I hereby declare that the information provided above is true, and promise to run the advertisement in accordance with the registered and certified contents.

APPENDIX II

(To the Circular No. 40/2012/TT-BCT dated December 21st2012 of the Minister of Industry and Trade)

APPLICATION FOR CERTIFICATE OF FOOD ADVERTISEMENT CONTENTS

(used for the second application onwards)

No.       /20……/

To: [the issuing authority]

On [date], [name of the applicant] was issued with the Certificate of food advertisement contents No. … by [name of the original issuing authority]. However, [reason for reapplication]. I hereby request [name of the issuing authority] to consider and reissue the Certificate of food advertisement contents. In particular:

1. Information about products:

2. Enclosed documents:

…………………………………………………………………………………………………

…………………………………………………………………………………………………

I hereby declare that the information provided above is true, and promise to run the advertisement in accordance with the registered and certified contents.

APPENDIX III

(To the Circular No. 40/2012/TT-BCT dated December 21st 2012 of the Minister of Industry and Trade)

CERTIFICATE OF FOOD ADVERTISEMENT CONTENTS

After examining the application for the Certificate of food advertisement contents No. ….. dated ….. submitted by [name of the applicant]; [name of the issuing authority] hereby certifies that the advertisements for the following products are conformable with the regulation on food safety:

[Name of the applicant] is responsible for running the advertisements in accordance with the certified content.

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