This illustrative image shows an open can of infant formula with a measuring scoop, alongside a baby feeding bottle.
The government promulgated Decree 90/2026-ND-CP on March 30, which sets out penalties for administrative violations in the health sector, including a wide range of fines for the promotion of breast milk substitutes targeting vulnerable groups such as pregnant women and mothers of young children.
The decree, which will take effect on May 15, 2026, aims to protect, encourage and promote breastfeeding, one of the most important measures to ensure children’s health and overall development, according to the National Institute of Nutrition.
Under the new rules, several practices are subject to fines ranging from VND1 million ($38) to VND3 million ($114).
These include guiding infants under six months to use breast milk substitutes without a medical indication, or providing information that may lead consumers to believe that formula milk is equivalent to or better than breast milk.
Higher penalties, ranging between VND3 million and VND5 million ($190), apply to violations related to professional ethics in healthcare settings.
These include failing to provide accurate, complete, and scientific information on infant nutrition products to doctors, healthcare workers and consumers, as well as allowing marketing practices that may compromise the impartiality of medical consultations.
The decree also strictly prohibits formula milk company staff from directly or indirectly approaching pregnant women, mothers of young children, or their relatives in hospitals or outside healthcare facilities for marketing purposes.
In addition, healthcare facilities are not allowed to accept gifts, material benefits, or branded items from formula milk companies, nor to allow promotional samples or gifts to be distributed within hospitals.
A key provision also targets the misuse of personal data, with penalties applied to cases where information such as names, ages, addresses, or phone numbers of mothers and postpartum women is shared with companies for marketing purposes.
Commercial activities within healthcare facilities face even heavier sanctions.
Fines ranging from VND5 million to VND10 million ($380) apply to practices such as selling breast milk substitutes in hospitals, except in hospital pharmacies, displaying product logos, or allowing company representatives to directly approach patients.
The highest fines, from VND10 million to VND20 million ($760), are imposed on more extensive promotional activities, including product displays, banners and posters in healthcare facilities or retail points, as well as promotional schemes such as gifts, discounts, and loyalty programs linked to breast milk substitutes.
In addition to the aforementioned acts, brands using sponsorship activities such as scholarships, seminars, scientific research, or communication programs to promote breast milk substitutes are also subject to sanctions.
The above fines apply to individuals; for organizations, the penalties are doubled under the decree.
The National Institute of Nutrition has emphasized that breast milk is the optimal source of nutrition for infants, strengthening immunity, reducing disease risks, and supporting comprehensive early childhood development.
Health authorities recommend exclusive breastfeeding for the first six months and continued breastfeeding up to 24 months or longer, alongside appropriate complementary feeding.
However, authorities noted that many mothers are still influenced by advertising or biased advice, leading to early use of breast milk substitutes and a decline in breastfeeding rates.
Officials said tighter controls on marketing activities in hospitals and communities are expected to create a ‘cleaner’ healthcare environment, where decisions on infant nutrition are based on scientific evidence rather than commercial influence.
They also urged healthcare providers and the public to rely on official information sources and strengthen counseling and support for breastfeeding, while strictly complying with the new regulations to prevent commercial influence in medical care settings.
In the long term, the decree is intended not only to impose penalties but also to shift social awareness and promote a healthcare environment more supportive of breastfeeding.
Once mothers receive proper guidance and accurate information about breastfeeding, children are more likely to develop healthily from the earliest stages of life, officials said.
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