Classification of Supplements and Health Foods in Vietnam

Accurately classifying dietary supplements and health protection foods (also known as functional foods) is crucial, especially when importing into Vietnam. Incorrect classification can lead to products being denied import permits by regulatory authorities, causing significant losses for businesses. Below is a guide to classification based on clear legal grounds according to Vietnamese law.

1. Definitions and Classification

Dietary Supplements: According to Circular 43/2014/TT-BYT dated November 24, 2014, of the Ministry of Health, dietary supplements are food products that are supplemented with vitamins, minerals, amino acids, fatty acids, or other substances to provide additional nutrients that the body needs. They are designed to supplement the daily diet, improve nutritional status, or prevent nutritional deficiencies.

Health Protection Foods (Functional Foods): Health protection foods are food products that have the function of supporting the functions of body parts, creating comfort for the body, increasing resistance, and reducing the risk of disease. According to Circular 43/2014/TT-BYT, health protection foods include:

• Health protection foods
• Medical nutritional foods
• Foods for special dietary uses

2. Legal Basis

Vietnamese law clearly regulates the production, business, and advertising of dietary supplements and health protection foods through the following legal documents:

• Law on Food Safety 2010: Establishes general principles and requirements for food safety, including dietary supplements and health protection foods.
• Decree 15/2018/ND-CP: Details the implementation of several articles of the Law on Food Safety, including the registration of product declarations and conditions for production and business.
• Circular 43/2014/TT-BYT: Regulates the management of functional foods, including definitions, classification, quality and safety requirements, labeling, and advertising of products.

3. Specific Differences

Purpose of Use:

• Dietary Supplements: Used to supplement essential nutrients that the body does not get enough of from the daily diet.
• Health Protection Foods: Have the function of supporting and improving body functions, enhancing health, and preventing diseases.

Product Declaration Requirements:

• Dietary Supplements: Must declare compliance with food safety regulations before being marketed.
• Health Protection Foods: In addition to declaring compliance with food safety regulations, must also prove the functional benefits of the product through scientific research.

Labeling Requirements:

• Dietary Supplements: Must clearly state nutritional components and usage dosage.
• Health Protection Foods: In addition to nutritional components and dosage, must clearly state the benefits, target users, and usage warnings.

4. Current Misclassification Issues and Consequences

Many companies today still face difficulties in accurately classifying their products, leading to the denial of import permits by Vietnamese authorities. Common mistakes include:

• Misclassifying health protection foods as dietary supplements due to a lack of understanding of legal regulations.
• Failing to provide sufficient scientific evidence to prove the benefits of health protection foods.
• Incorrect labeling, leading to misunderstandings about the product’s benefits and purpose.

5. Solutions

To avoid these issues, companies need to:

• Thoroughly research the legal regulations related to dietary supplements and health protection foods in Vietnam.
• Ensure to provide sufficient scientific evidence to prove the benefits of health protection food products.
• Strictly adhere to the regulations on product labeling and advertising.

Conclusion

Accurately classifying dietary supplements and health protection foods not only helps businesses comply with legal regulations but also builds consumer trust. Companies need to pay more attention to understanding legal regulations to avoid unnecessary risks during the import and business processes in Vietnam.

References

1. Law on Food Safety 2010
2. Decree 15/2018/ND-CP
3. Circular 43/2014/TT-BYT

We hope this article provides you with the necessary information to better understand the classification of dietary supplements and health protection foods according to Vietnamese law.