Circular No. 22/2018/TT-BYT dated September 12, 2018 of the Ministry of Health on prescribing the list of functional foods for under-6 children which are subject to price declaration

CIRCULAR

Prescribing the list of functional foods for under-6 children which are subject to price declaration^[1]

Pursuant to the Government’s Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of the Law on Price;

Pursuant to the Government’s Decree No. 149/2016/ND-CP of November 11, 2016, amending and supplementing a number of articles of the Government’s Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of the Law on Price;

Pursuant to the Government’s Decree No. 75/2017/ND-CP of June 20, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the proposal of the Director of the Food Safety Department.

The Minister of Health promulgates the Circular prescribing the list of functional foods for under-6 children which are subject to price declaration.

Article 1.Scope of regulation

1. This Circular prescribes the list of functional foods for under-6 children which are subject to price declaration as specified at Point n, Clause 9, Article 1 of the Government’s Decree No. 149/2016/ND-CP of November 11, 2016, amending and supplementing a number of articles of the Government’s Decree No. 177/2013/ND-CP of November 14, 2013, detailing and guiding the implementation of the Law on Price.

2. This Circular does not apply to milk for under-6 children which is eligible for price valorization as specified in the Minister of Health’s Circular No. 30/2013/TT-BYT of October 4, 2013, promulgating the list of milk products for under-6 children which are eligible for price valorization.

Article 2.List of functional foods for under-6 children which are subject to price declaration

1. Health protection foods.

2. Medical nutrition foods.

3. Supplements, including nutritional products for infants aged up to 36 months.

Article 3.Responsibility to publicize the list of food products for under-6 children which are subject to price declaration

1. The Food Safety Department shall publicize on its website the list of products specified in Article 2 of this Circular as follows:

a/ To update on a monthly basis products for which it grants receipts of registration forms for product announcement after the effective date of this Circular;

b/ Before October 1, 2019, to complete the publication of the whole list of products for which it has granted receipts of  regulation conformity announcements and food safety regulation conformity announcement certifications have been granted (which remain valid) or receipts of registration forms for product announcement before the effective date of this Circular.

2. Competent state management agencies designated by provincial-level People’s Committees to perform the state management of food safety (below referred to as provincial-level food safety management agencies) shall publicize on their websites or in the mass media the list of products specified in Article 2 of this Circular as follows:

a/ To update on a monthly basis products for which they grant receipts of registration forms for product announcement, or products announced by local organizations or individuals themselves after the effective date of this Circular;

b/ Before July 1, 2019, to complete the publication of the whole list of products for which they have granted receipts of registration forms for product announcement, or products announced by local organizations or individuals themselves before the effective date of this Circular.

Article 4.Effect

This Circular takes effect on November 1, 2018.

Article 5.Implementation responsibility

1. The list prescribed in Article 2 of this Circular serves as a basis for the Ministry of Industry and Trade, Ministry of Finance, provincial-level People’s Committees and related agencies to perform the price management in accordance with the law on price.

2. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Circular.

3. The Food Safety Department of the Ministry of Health shall assume the prime responsibility for, and coordinate with related agencies and organizations in, guiding and organizing the implementation of this Circular.

Any problems arising in the course of implementation should be reported to the Ministry of Health (the Food Safety Department) for consideration and settlement.-

For the Minister of Health
Deputy Minister
NGUYEN THANH LONG