Vietnam: Food Law in Vietnam: Part 1

Last Updated: 14 March 2015

by Russin & Vecchi's lawyers

GLOSSARY

In this book, we define and abbreviate terms the first time that we use them. Even so, to make it easier to follow the text, we have prepared this Glossary.

DOC Department of Construction
DOH Department of Health
DOIC Department of Information and Communications
FHSA Food Hygiene and Safety Administration
GDSMQ General Department of Standards, Measurements and Quality
GMP Good Manufacturing Practices
HACCP Hazard Analysis, Critical Control Point
ISMU International System of Measuring Units
ISO International Standardization Organization
MARD Ministry of Agriculture and Rural Development
MCST Ministry of Culture, Sports, and Tourism
MNRE Ministry of Natural Resources and Environment
MOAP Ministry of Aquatic Products
MOC Ministry of Construction
MOCI Ministry of Culture and Information
MOH Ministry of Health
MOIC Ministry of Information and Communications
MOIT Ministry of Industry and Trade
MOST Ministry of Science and Technology
TCCS Voluntary Standards
TCVN National Standards

INTRODUCTION

Understanding Vietnamese laws and regulations concerning food can be a challenge. The confusion results from the lack of a unified food law. The government relies on general laws to regulate the quality of goods, including food. There are also specific regulations that apply these laws to food products. This means that there are two sets of rules-one covering goods in general and the other covering food products-and they often overlap.

A discussion of Vietnamese food law must begin with a discussion of the management of the quality of goods. The major laws on the subject are the Law on the Quality of Products and Goods ("LoQPG") and the Law on Food Safety ("LoFS"). The former states that "[t]he State shall implement a uniform system to control the quality of goods."1 However, "in cases where international treaties to which the Socialist Republic of Vietnam is a party contain provisions which differ from the Law, the international treaties shall prevail."2

The LoQPG came into effect on 1 July 2008 and replaced the Ordinance on the Quality of Goods. It provides that manufacturers and traders must take responsibility for the quality of the goods or products that they manufacture or trade in order to ensure safety for humans, animals, plants, property and the environment, and to enhance the productivity, quality and competitiveness of Vietnamese goods and products.3

The LoFS, with effect from 1 July 2011, replaces the Ordinance on the Hygiene and Safety of Foods. Mainly it describes the rights and obligations of organizations and individuals in respect of food safety; conditions to ensure the safety of food for manufacturing, doing business in food, and importing, exporting food; advertising, labeling food; testing food; analysing threats to food safety; and protecting, preventing, and overcoming breakdowns in food safety.4

The LoQPG gives the Ministry of Science and Technology ("MOST") overall responsibility for the quality of goods, including foods. And the LoFS specifies the responsibilities to the Ministry of Health ("MOH"), Ministry of Agriculture and Rural Development ("MARD"), and Ministry of Industry and Trade ("MOIT") for the safety of food.

WHAT IS FOOD?

The LoFS defines "foods" as follows: "Foods are products which human beings eat and drink in their fresh, raw, processed or preserved forms. Foods do not include cosmetics, tobacco, and medicinal products.",5 There are sub-definitions of different types of food, such as fresh food, nutritional food, functional food, genetically modified food, irradiated food, street food and packaged food.

Those sub-definitions are as follows:

"Fresh food" is unprocessed food including meat, eggs, fish, aquatic products, vegetables, fresh fruits, and other unprocessed foods.6

"Nutritional food" is food supplemented with vitamins, mineral substances, serum antioxidant microminerals in order to prevent the community or a particular group in the community from the shortage of vitamins, substances, and microminerals.7

"Functional food" is food used to support the operation of body organs, creates comfort for the body, increases resistance, reduces pathogenic dangers. It consists of food supplements, health protective food and medically nutritious food.8

"Genetically modified food" is food which consists of one or more materials which have been genetically modified.9

"Irradiated food" is food radiated by a form of radioactivity to preserve and prevent food from degeneration.10 Irradiated foods are specifically regulated by Decision 3616/2004/QD-BYT of the MOH dated 14 October 2004.

"Street food" is a ready-to-eat food or beverage. It is obtained from a vendor, sold on streetsides, in public, or similar places.11

"Packaged food" is completely packaged and labelled food, which may be eaten or processed further.12

FOOD SAFETY

All individuals and entities that want to produce and to trade in foods must assure that their foods are safe. In other words, the foods must conform to relevant technical specifications and meet limit requirements for pathogenic micro-organisms, residues of plant protection drugs or veterinary drugs, heavy metals, contaminants, and other substances in food that may cause harm to human life and health. In addition, subject to the type of food, food must comply with one or more of the regulations on (i) use of food additives and processing aids in food production and trading; (ii) food packaging and labeling; and (iii) food preservation.

The quality of goods and products is managed on the basis of applicable announcement standards and technical specifications.13 The system of Vietnamese standards includes national standards ("TCVN") and standards applied voluntarily by businesses and individuals ("TCCS").14 Vietnamese standards are based on international standards, regional standards, and foreign standards. Also included are the outcome of scientific and technological research, technical progress, factual experience, and the results of evaluations, tests, experiments, inspections, and appraisals.15

At one time, all goods were subject to quality "registration". That is, the State required individuals and organizations that produced and traded goods to follow certain quality standards. Foods were no exception. Foods had to be registered with the MOH. The registration included such information as: a list of standards with which the food products must comply; a chart showing the stages of food product processing from storage of raw materials through the processing stage and ultimately to storage and delivery of the finished product; a final or draft version of the label; instructions and warranties; test results for the food product issued by an authorized government test centre; and a list of all raw materials used to process a food product, including additives and packing materials. The MOH had the power to reject an application for registration.

However, under the LoQPG, individuals and organizations that produce and trade in goods, including foods, are required only to "announce", rather than "register", their own quality standards. Under the LoFS, food producers and traders must decide and announce the standards of their foods. That is, they are able, themselves, to decide the standard of their goods. Of course, such standards must satisfy applicable Vietnamese standards or industry standards. Accordingly, the authoritarian role of the State regarding the quality standards of goods, including food, has been changed into voluntary commitments by entities to set and to comply with their own standards.

Producers and traders of packaged food, additives, food process supporting substances, packing materials, and food containers ("Products" for short) for which technical specifications are available are required to announce that their Products conform to relevant technical specifications before they are circulated on the market. In case technical specifications are not available for the Products, their producers and traders are required to announce that they conform to food safety regulations before they are circulated on the market until the respective technical specifications are promulgated and take effect.

Administrative procedures to announce the conformity with specifications or food safety regulations are much simpler than the former registration procedures.

Announcement of conformity to technical specifications or food safety regulations

Under Article 4 of Decree 38, the MOH is responsible to receive announcements of specifications or food safety regulations conformity submitted by producers or traders of functional food, additives, supporting substances of food process, imported packaged food, packing materials, and food containers.

The DOH is responsible to receive announcements of specifications or food safety regulations conformity submitted by producers or traders of food domestically produced at its locality other than functional food, additives, or supporting substances of food process.

Producers or traders will receive the Receipt of Announcement of Specifications Conformity within 7 working days since the date a complete and valid announcement dossiers is submitted. In case of announcement of food safety regulations conformity, they may receive the Confirmation of Announcement of Food Safety Regulations Conformity within 15 working days since the submission date of complete and valid announcement dossiers. Regarding functional food and nutritional food, producers or traders may receive the Confirmation of Announcement of Food Safety Regulations Conformity within 30 working days since the date of submission of complete and valid announcement dossiers.

Announcement Procedures17

In order to announce the conformity for food, the food producer or trader must follow the following steps:18

  • Procedures and dossiers for announcement of specifications conformity

Step 1: Evaluation of specifications conformity

The producers and traders can choose to evaluate the specifications conformity of their food either (i) by themselves through testing their food at a designated laboratory, an admitted independent laboratory, or a recognized laboratory; or (ii) by an organization designated by the MOH.

Step 2: Announcement of specifications conformity

The producers and traders must prepare and submit the announcement application to the authority.

In cases of self-evaluation, the announcement application includes announcement form in a prescribed form, details of the food in a prescribed form, food testing result within 12 months, quality control plan, a periodic supervision plan, report on the evaluation of specifications conformity, and certificate of conformity with standards of Hazard Analysis, Critical Control Point ("HACCP") or ISO 22000 or equivalent if the producers and traders have a quality management system certified as complying with standards of HACCP or ISO 22000 or equivalent.

If the evaluation is conducted by a designated organization, the announcement application includes an announcement form in a prescribed form, details of the food in a prescribed form, a certificate of specifications conformity issued by the designated organization, and a certificate of conformity with standards of HACCP or ISO 22000 or equivalent if the producers and traders have a quality management system certified as complying with standards of HACCP or ISO 22000 or equivalent.

  • Procedures and dossiers for announcement of food safety regulations conformity

Step 1: Evaluation of food safety regulations conformity

The producers and traders can choose to evaluate the conformity of their food at a designated laboratory, an admitted independent laboratory, or a recognized laboratory. Based on the testing result, the producers and traders will evaluate if details of their products comply with food safety regulations applied to such food. In case the food safety regulations for a product are not available, Codex regulations will be applied.

Step 2: Announcement of specifications conformity

The producers and traders will prepare and submit the announcement application to the relevant authority.

For imported food (excluding functional and nutritional food), the announcement application includes an announcement form in a prescribed form, details of the food in a prescribed form, testing results issued within the last 12 months, a periodic supervision plan, a label sample at the origin country and sub-label in Vietnamese, food sample (first import into Vietnam), a certificate of business registration or investment certificate, a certificate on satisfaction of conditions on food safety issued to the importer, and a certificate of conformity with standards of HACCP or ISO 22000 or equivalent if the producers and traders have a quality management system certified as complying with standards of HACCP or ISO 22000 or equivalent.

For food domestically produced (excluding functional and nutritional food), the announcement application includes an announcement form in a prescribed form, details of the food in a prescribed form, testing results issued within the last 12 months, a quality control plan, a periodic supervision plan, label sample, a certificate of business registration or investment certificate, a certificate on satisfaction of conditions on food safety issued to the importer, and a certificate of conformity with standards of HACCP or ISO 22000 or equivalent if the producers and traders have a quality management system certified as complying with standards of HACCP or ISO 22000 or equivalent.

For imported functional and nutritional food, the announcement application includes an announcement form in a prescribed form, details of the food in a prescribed form, a certificate of free sale or the like, testing results issued within the last 12 months, a periodic supervision plan, a label sample at the origin country and sub-label in Vietnamese, a food sample, a certificate of business registration or investment certificate, a certificate on satisfaction of conditions on food safety issued to the importer, a certificate of conformity with standards of HACCP or ISO 22000 or equivalent if the producers and traders have a quality management system certified as complying with standards of HACCP or ISO 22000 or equivalent, and scientific information or studies on the effect of the food as announced.

For functional and nutritional food domestically produced, the announcement application includes an announcement form in a prescribed form, details of the food in a prescribed form, testing results issued within the last 12 months, a label sample, a food sample, a certificate of business registration or investment certificate, a certificate on satisfaction of conditions on food safety issued to the importer, a certificate of conformity with standards of HACCP or ISO 22000 or equivalent if the producers and traders have a quality management system certified as complying with standards of HACCP or ISO 22000 or equivalent, scientific information or studies on the effect of the food as announced, and testing results on the effective uses of the food (first sale in the market), quality control plan, and periodic supervision plan.

  • Announcement procedures applied to imported products (excluding functional food) of a producer for its internal use, a supermarket, and a hotel of four stars or more.

The announcement application includes details of the food in a prescribed form, certificate of business registration or investment certificate of the producer or the trader, testing results within 12 months or testings result of a designated laboratory, an admitted independent laboratory, or a recognized laboratory.

LABELING

The key legislation regarding labeling is Decree 89/2006/ND-CP of the Government dated 30 August 2006 on the Labeling of Goods ("Decree 89"). Decree 89 replaced the Regulations on the Labeling of Goods issued together with Decision 178/1999/QD-TTg of the Prime Minister dated 30 August 1999. Decree 89 applies to all goods produced in Vietnam for distribution within Vietnam or for export. It applies equally to foreign-made goods imported for sale in Vietnam.19

Labels are defined as "inscriptions, prints, drawings, images, or signs that are imprinted or embossed directly on or affixed, stuck, or pinned firmly to goods or their packaging to display necessary and principal information about such goods."20 In addition, goods labeling is defined as the "inscription of necessary and principal information about the goods in order to provide consumers with basic information to identify goods, and the labels serve as a basis for purchasers to decide on the selection, consumption and use of goods, and for functional bodies to conduct inspection and supervision."21

As provided by Decree 89, domestically circulated foods, imported foods, and exported foods must bear labels, except for unpacked fresh and raw foodstuffs and processed foodstuffs which are sold directly to consumers. Labels may include both compulsory and non-compulsory information. The compulsory contents are mandatory and contain the most important information. Regulations on compulsory contents for all goods labels, whether for goods sold in Vietnam or for export, are provided in Decree 89 and elaborated in Circular 09/2007/TT-BKHCN of the MOST dated 6 April 2007 ("Circular 09"), amended by Circular 14/2007/TT-BKHCN of the MOST dated 25 July 2007 ("Circular 14"). The compulsory contents include:

  • name of the goods: manufacturers or traders of goods may choose a name for their goods, provided that the name does not mislead consumers as to the nature and use of the goods. Manufacturers or traders are liable for the name they choose;22
  • names and addresses of the entities which produced, imported, assembled, or finished the goods;23/LI>
  • weight and volume of the goods24 measured in units recognised by Vietnamese law, under the International System of Measuring Units ("ISMU");
  • 25
  • ingredients, if the product, including seafood, contains food additives.26 Ingredients must be listed in descending order of volume or content (volume percentage), and must include their international code (if any);27
  • principal quality criteria (i.e., factors decisive to safety and consumption by humans and the environment28 ), production date, expiration date, and shelf-life of goods.29 An expiration date is mandatory for food products;30
  • storage and usage instructions;31 and
  • country of origin (applicable only to imported goods and goods for export).32

Decree 89 requires that all letters, numerals, drawings, images, signs, and/or marks which appear on the label must be clear and must accurately reflect the properties of the goods. They must not be ambiguous, or cause confusion with another product. Labels which are not clearly visible may be seen as an administrative violation.

The colour of the text of compulsory contents must contrast with the background colour of the label.33 Goods distributed in Vietnam must be labelled in the Vietnamese language, except for contents that are presented in their Latin origin.34 However, depending on the requirements of each type of goods, a foreign language may be added in smaller print.35 With respect to goods made only for export, labels may be in the language of the country or territory importing such goods, if this is agreed in the sale/purchase contracts for the goods.36 With regard to imported goods, the Vietnamese language must appear either on the original label or on an additional label which must be attached to the goods before they are put on sale or distributed.37

The size of a label is determined by the individual or organization responsible for labeling the goods, but it must be large enough for all compulsory contents to be clearly visible.38

According to Circular 09 and Circular 08, in addition to the compulsory contents listed above, food labels must contain some further information:

  • If the name of ingredients is presented on the label of goods in order to attract attention to the goods, the quantities of such ingredients must be presented. For example, if a phrase such as "rich calcium content" is used, the calcium content must appear on the label;39
  • If perfume, sweetener, or colour additives are used in the processing of food, the label must clearly state whether such additives are natural, synthetic, or artificial;40
  • If the essence of natural materials is part of the name of goods, the quantities of such essence or equivalent volumes of materials must be presented;41
  • If there are two or more food additives in a product, they must be listed in proportion to their volumes;42
  • The phrase "for food" must accompany food additive substances;43
  • The labels of goods and ingredients which are irradiated or genetically modified must be presented in accordance with international treaties to which Vietnam is a party;44
  • For food that is used to improve nutrition or for health treatment, information about nutritional ingredients, specific additional nutrient contents, and instructions for use must be added;45
  • If the ingredients of special goods contain preservatives with a prescribed dosage, which may cause allergens, or which may be harmful to humans, animals, or the environment, the names of the preservatives together with the names of the ingredients must be included;46
  • Labels for food used for diets must include the phrase "for diets", and the main "diet" characteristics of the food must appear next to its name.47

In addition, under the LoFS, labeling of functional food, food additives, irradiated food, and genetically modified food must meet the following criteria:48

  • A label for functional food must contain the phrase "functional food," and must not imply in any way that the food can replace medicine;
  • A label for food additives must contain the phrase "food additive," and contain information on scope, dosage, and use;
  • A label for irradiated food must contain the phrase "irradiated food";
  • A label for genetically modified food must contain the phrase "genetically modified food".

Non-compulsory contents may appear on food labels, but they must not be contrary to the compulsory labeling requirements referred to above. Non-compulsory contents may be: number and bar codes granted by national number and bar code organizations; protected trademarks; medals; certificates of the product's international quality standards; serial number of the production batch; international markings used for transport, use, and storage; foreign language information; and information that promotes the product. However, the law prohibits language which claims that the food product prevents or treats a particular illness, or that it is equivalent to a medical alternative.49

Changes made to a registered food label or to the expiration date without the approval of the competent authority are strictly prohibited.

As previously mentioned, food products manufactured in Vietnam for export may bear a label in the foreign language of the destination country. Such products may also have their own labels at the request of the foreign buyers, provided that a phrase such as "made in Vietnam" appears on the label.50

Cigarettes made in Vietnam under foreign license may be affixed with a label in a foreign language, but the label must contain the words "made in Vietnam" in Vietnamese or in a foreign language, and must contain the required information and warnings about health safety in Vietnamese; for example "smoking causes lung cancer."51

ADVERTISING

The current laws and regulations that relate to advertising in general are the Law on Advertisement No. 16/2012/QH13 of the National Assembly dated 21 June 2012, Decree 181/2013/ND-CP of the Government dated November 14, 2013 ("Decree 181")52) ; Circular 10/2013/TT-BVHTTDL of the Ministry of Culture, Sports, and Tourism ("MCST") dated December 6, 2013 ("Circular 10")53 ; and Inter-Ministerial Circular 01/2004/TTLT-BVHTT-BYT of the MOCI and the MOH dated 12 January 2004 guiding Advertising Activities in the Domain of Health ("Inter-Ministerial Circular 01")54 . The contents of an advertisement of any good, not just food products, must be accurate and truthful, and must correctly reflect the form, quality, usage, label, design, classification, packing, origin, use date, preservation period, and warranty period of the goods.55 In particular, food advertisements must be truthful, must accurately describe the quality of the food products, and must include guidance on use and preservation of those foods for which guidance is required.56 The advertisement must be in accordance with food labels and quality standards that the producer has announced to or registered with the relevant state agencies.57

Detailed procedures to obtain advertising permits for food products and food additives are provided in Inter-Ministerial Circular 06. The application dossier for an advertising permit must be filed with the provincial Department of Information and Communications ("DOIC"), and must include the following:

  • application for a permit to advertise a product. The application must be made by an advertiser (the individual or the entity whose products are advertised) or, if the advertiser engages an advertising services firm to advertise the product, made by the advertising services firm as the advertiser's agent;
  • copy of the Business Registration Certificate of the advertiser or the advertising services firm; and
  • color picture of the advertised product, signed by the advertiser.

An advertisement on billboards, placards, or panels requires written agreement from the Department of Construction ("DOC")58.

In order to advertise a food product or food additive that is subject to examination for hygiene and safety, the advertiser must provide a copy of the Certificate of Hygiene and Safety Registration, along with a copy of the receipt from filing the application, in order to register the advertisement with the Food Hygiene and Safety Administration ("FHSA")59. To advertise a food product or food additive that is subject to announcement of hygiene and safety quality standards, the application to advertise must be accompanied by a copy of the company's standards and the filing receipt.60

The regulatory timeframe for the DOIC to issue an advertising permit varies from five to fifteen working days, depending on the medium in which the advertisement will appear.61

Advertisements of some products, such as sanitary pads and condoms, which may constitute an inappropriate subject matter for public advertisement, will not be approved.62 Furthermore, advertisements which incorrectly state the quality of the product and/or the address of the producer, 63 or which relate to products either banned by the State or whose consumption is restricted by the State, are prohibited.64 In this regard, tobacco advertising in any form is prohibited.65 Advertising alcoholic products is subject to strict limitations:

  • Advertisement of alcoholic products with an alcohol content of 15º or less is permitted in newspapers, electronic newspapers, radio, television, and computer networks. Such advertisements are treated no differently than advertisements of other products.66
  • Advertisement of alcoholic products with an alcohol content of more than 15º is allowed within the premises of the alcohol producers or within product introduction stalls or agents' shops. However, no one standing outside of the premises or shops should be able to hear, see, or read such advertisements.67
  • Various medicated alcohols or tonics may be advertised in accordance with the Regulations on Information on, and Advertising of, Drugs and Cosmetics for Human Use.68

Advertisement of nutritious products for infants must be accompanied by an advisory that "breast milk is the best food for children's health and development." Advertisement of milk or food products for infants less than one year of age is prohibited.69

Previously, an offshore producer with no establishment in Vietnam could advertise only through a Vietnamese advertising agency. This condition has been removed. Now, producers with or without an establishment in Vietnam are able to choose a foreign-invested advertising entity or a foreign advertising branch70 to advertise their products.

Furthermore, under Articles 5 and 12 of Decree 181, the advertisement content of all foods and all food additives must be certified. Conditions and procedures for the certification of advertisement content must comply with Circular 08/2013/TT-BYT of the MOH dated 13 March 2013 ("Circular 08").

In addition to activities that are prohibited under the Law on Advertisement, under article 3 of Circular 08, the following activities are also prohibited:

  1. Advertising foods without a written certification of advertisement content issued by a competent health agency;
  2. Advertising food which is counterfeit or which is of inferior quality;
  3. Advertising food in a manner that implies that its effect is like that of medications;
  4. Advertising food not in line with the contents of the declaration of conformity with the regulations on food safety, or which exaggerates the effects of the food;
  5. Advertising food in the form of articles written by doctors, pharmacists, or medical workers in a manner that implies that such food can cure diseases;
  6. Using images, reputation, or correspondence of health agencies, medical workers, or patients in order to advertise food.

Additionally, Circular 10 and Article 8.11 of the Law on Advertisement, an advertising piece which contains a word/phrase such as "the only", "the best", "best", "number one" or the like must be verified by a legitimate document. It can be a market research report prepared by a qualified market research organization or a certificate or the like granted by a regional or national competition/exhibition organization which recognizes that the product in the advertising piece is "the only", "the best", "best", "number one" or the like. The document is valid for only one year from its issue date.

Footnotes

1LoQPG, art 68.1
2Id, art 4.3.
3Id, art 5.2.
4Art 1, LoFS.
5LoFS, art 2.20.
6Id, art 2.21.
7Id, art 2.22.
8Id, art 2.23.
9Id, art 2.24.
10Id, art 2.25.
11Id, art. 2.26.
12Id, art. 2.27.
13LoQPG, art 5.1.
14Law on Standards and Technical Specifications 68/2006/QH11 dated 29 June 2006 ("LoSTS"), art 10.
15Id, art 13.
16Decree 38/2012/ND-CP of the Government dated 25 April 2012, providing Detailed Regulations Implementing of some articles of the LoFS, art 3 ("Decree 38").
17Circular 19/2012/TT-BYT of the MOH dated 9 November 2012, guiding the announcement of specifications or food safety regulations conformity, arts 4, 5 ("Circular 19") and arts 5, 6 of Decree 38.
18Announcement applications that apply to imported food are discussed later in the section "IMPORT REQUIREMENTS" on p 16.
19Decree 89, art 2.
20Id, art 3.1.
21Id, art 3.2.
22Id, art 13.
23Id, art 14.
24Id, art 12.2.d.
25Id, art 15.1.
26Id, appendix III.
27Id, art 18.3.a.
28Decree 89, art 19; Circular 09, art II.7.
29Decree 89, art 16.
30Id, art 12.2.c.
31 Id, art 12.2.e.
32Id, art 17.
33Id, art 8.
34Id, art 9.4.
35Id, art 9.2.
36Id, art 3.
37Id, art 9.3.
38Id, art 7.
39Decree 89, art 18.1; Circular 09, art II.6.b.
40Decree 89, art 18.3.a.
41Circular 09, art II.2.c.
42Decree 89, appendix III.
43Id, appendix IV.
44Id, art 19.4.
45Circular 08, art II.3.a.
46Id, art 19.3.
47Id, art II.3.a.
48Art 14.2.
49Circular 08, art II.3.c.
50Decree 89, art 17.
51Law on Prevention of Harmful Effect of Cigarettes of the National
Assembly dated 18 June 2012, art 15 and Inter-Ministerial Circular No 05
/2013/TTLT-BYT-BCT guiding the label of and printing health warnings on packs of
cigarettes of the MOH and the MOIT dated 8 February 2013.
52Decree 181 provides detailed regulations implementing some articles of the Law on Advertising.
53Circular 10 provides detailed regulations implementing the Law on
54Advertisement and Decree 181 on legitimate documents, the organization and operation of Appraisal Council of Advertised Products and the assignment of state management on advertisement Amended by Inter-Ministerial Circular 06/2007/TTLT-BVHTT-BYT-BNN-BXD of the MOCI, the MOH, the Ministry of Agriculture and Rural Development ("MARD") and the Ministry of Construction ("MOC") dated 28 February 2007 ("Inter-Ministerial Circular 06")
55Decree 24, art 4.2.
56Inter-Ministerial Circular 01, art II.1.e.
57Circular 43, art II.1.a.
58 Inter-Ministerial Circular 06, art II.1.7.
59Id, art II.1.5.a.
60Id, art II. 1.5.d.
61Id, art II.3.1, art II.3.2.
62Circular 43, art II.6.
63Decree 24, art 3.4.
64Id, art 3.9.
65Circular 43, art II.4.
66Id, art II.3.a.
67Id, art II.3.b.
68Id, art II.3.c.
69Decree 21/2006/ND-CP of the Government dated 27 February 2006 on the Business and Use of Nutritious Products for Infants, arts 6.1 and 6.2.
70Decree 24, arts 21, 25.

This article is part of a series: Click Food Law in Vietnam: Part 2 for the next article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions