Decree: Detailed regulations on a number of articles of the Food Safety Law (No. 15/2018/ND-CP, February 2, 2018)

GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 15/2018/ND-CP

Hanoi, February 2, 2018

 

DECREE

DETAILED REGULATIONS ON THE IMPLEMENTATION OF SOME ARTICLES OF THE FOOD SAFETY LAW

Base Law on Government Organization June 19, 2015;

Base Food Safety Regulation June 17, 2010;

At the request of the Minister of Health;

The Government promulgates a Decree detailing the implementation of a number of articles of the Law Food Safety Regulation.

Chapter I

GENERAL RULES

Article 1. Scope

This Decree details the implementation of a number of articles of Food Safety Regulation about:

1. Procedures for self-declaration of products.

2. Procedures for registering product declaration.

3. Ensuring safety of genetically modified foods.

4. Issuance of Certificate of establishment meeting food safety conditions.

5. State inspection of imported and exported food safety.

6. Food labeling.

7. Food advertising.

8. Conditions for ensuring food safety in the production of health protection foods.

9. Conditions to ensure food safety in the production, trading and use of food additives.

10. Traceability of food origin.

11. Assigning responsibilities for state management of food safety.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals; Foreign organizations and individuals in Vietnam participating in food production and trading; Organizations and individuals with activities related to food safety in Vietnam (hereinafter referred to as organizations and individuals).

Article 3. Explanation of terms

In this Decree, the following terms are understood as follows:

1. Health Supplement, Dietary Supplement are products used to supplement the daily diet to maintain, enhance and improve the functions of the human body, reduce the risk of disease. Health protection foods contain one or more substances or a mixture of the following substances:

a) Vitamins, minerals, amino acids, fatty acids, enzymes, probiotics and other biologically active substances;

b) Substances of natural origin, including animals, minerals and plants in the form of extracts, isolation, concentrates and transformations;

c) General sources of the components mentioned in points a and b above.

Health protection foods are presented in processed forms such as capsules, tablets, granules, powders, liquids and other dosage forms and are dosed (for use) into units. small dose.

2. Medical nutritional food, also known as nutritional food for special medical purposes (Food for Special Medical Purposes, Medical Food), is a type of food that can be eaten by mouth or by inhaler, designated intended to adjust the patient's diet and should only be used under the supervision of medical staff.

3. Food for Special Dietary Uses (Food for Special Dietary Uses) used for people on diets, the elderly and other special subjects according to the regulations of the Committee for International Food Standards (CODEX) are Food is processed or mixed according to a special formula to meet specific dietary requirements according to the user's physical condition or medical condition and specific disorders. The composition of this food must be clearly different from the composition of common foods of the same nature, if any.

4. Scientific evidence is scientific information and documents from scientific research projects accepted by competent state management agencies in charge of scientific research or approved by domestic and foreign scientific journals. published country or documents on traditional medicine, medicinal plants, and medicinal herbs published in scientific publications.

5. Goods owner is the organization or individual responsible for the goods in the product declaration/self-declaration documents or the organization or individual authorized to import and export food products.

6. Exported and imported goods are food products of the same type, same name, label, production facility, and packaging material.

7. Export or import shipment means all food products of an import or export shipment (with the same bill of lading number). Shipments can contain just one item or multiple items.

8. Small primary production facilities are establishments that cultivate, raise livestock, harvest, fish, and exploit food ingredients on a household or individual scale with or without a registration certificate. business registration.

9. Small retail processing facility is a food processing facility on a household or individual scale with or without a business registration certificate.

10. Small food business establishments are establishments registered by individuals, groups of individuals, or households and establishments that are not granted a Business Registration Certificate or Certificate of Registration. enterprise or Investment Certificate according to the provisions of law.

chapter II

PROCEDURES FOR SELF-DECLARING PRODUCTS

Article 4. Self-declaration of products

1. Organizations and individuals that produce and trade food shall self-declarate pre-packaged processed foods, food additives, food processing aids, food containers, and materials. Packaging materials in direct contact with food (hereinafter referred to as products) except for products specified in Clause 2 of this Article and Article 6 of this Decree.

2. Products and raw materials produced and imported that are only used to produce or process export goods or serve the internal production of organizations and individuals and are not consumed in the domestic market are exempted from implementation. product self-declaration procedures.

Article 5. Documents and procedures for self-declaration of products

1. Product self-declaration dossier includes:

a) Product self-declaration according to Form No. 01 Appendix I issued with this Decree;

b) Food safety testing result sheet of the product within 12 months up to the date of submission, issued by a designated testing laboratory or a testing laboratory recognized in accordance with ISO 17025 including safety criteria. issued by the Ministry of Health according to risk management principles in accordance with international regulations or safety norms according to corresponding regulations and standards announced by organizations and individuals in case there are no regulations of the Ministry of Health (original or certified copy).

2. Product self-declaration is carried out in the following order:

a) Organizations and individuals self-announce products on mass media or their own websites or publicly post them at the headquarters of organizations and individuals and submit 01 (one) copy by mail. post office or directly to the competent state management agency designated by the People's Committee of the province or centrally run city (hereinafter collectively referred to as the Provincial People's Committee);

b) Immediately after self-declaring the product, organizations and individuals have the right to produce and trade the product and take full responsibility for the safety of that product;

c) Competent state management agencies receive self-declarations from organizations and individuals to store records and post names of organizations and individuals and names of self-declared products on the electronic information website. of the receiving agency.

In case an organization or individual has 02 (two) or more production facilities producing the same product, the organization or individual will only submit the application to a local state management agency where the facility is located. production chosen by organizations and individuals. Once you have selected a state management agency to submit your application, subsequent self-declarations must be submitted to the previously selected agency.

3. Documents in the self-declaration dossier must be presented in Vietnamese; In case there are documents in a foreign language, they must be translated into Vietnamese and notarized. Documents must be valid at the time of self-declaration.

4. In case the product has a change in product name, origin, or composition, the organization or individual must re-announce the product themselves. In cases of other changes, organizations and individuals shall notify in writing the content of the change to the competent state management agency and may produce and trade products immediately after sending the notice.

Chapter III

PROCEDURES FOR REGISTRATION OF PRODUCT PUBLICATIONS

Article 6. Registration of product announcement

Organizations and individuals producing and trading food must register product declarations for the following products:

1. Health protection foods, medical nutritional foods, foods for special diets.

2. Nutritional products for children up to 36 months old.

3. Mixed food additives with new uses, food additives that are not on the list of additives allowed to be used in food or are not intended for use as prescribed by the Ministry of Health.

Article 7. Product declaration registration dossier

1. Dossier to register a product declaration for imported products includes:

a) Product announcement is specified in Form No. 02, Appendix I issued with this Decree;

b) Certificate of Free Sale or Certificate of Export or Health Certificate issued by the competent authority of the country of origin/export has content that ensures safety for users or is freely sold in the market of the producing/exporting country (consular legalization);

c) Food safety testing result sheet of the product within 12 months up to the date of submission, issued by a designated testing laboratory or a testing laboratory recognized in accordance with ISO 17025 including safety criteria. issued by the Ministry of Health according to risk management principles in accordance with international regulations or safety norms according to corresponding regulations and standards announced by organizations and individuals in case there are no regulations of the Ministry of Health (original or certified copy);

d) Scientific evidence proving the uses of the product or the ingredients that create the announced uses (original or copy certified by the organization or individual). When using scientific evidence about the uses of a product's ingredients to make the product useful, the daily dose of the product must be at least greater than or equal to 15% of the amount of use of that ingredient stated in the document. ;

d) Certificate of establishment meeting food safety conditions meeting Good Manufacturing Practices (GMP) requirements or equivalent certification in case the imported product is health protection food applicable from January 1 7 year 2019 (version certified by organization or individual).

2. Dossier to register a product declaration for domestically produced products includes:

a) Product announcement is specified in Form No. 02, Appendix I issued with this Decree;

b) Food safety testing result sheet of the product within 12 months up to the date of submission, issued by a designated testing laboratory or a testing laboratory recognized in accordance with ISO 17025 including safety criteria. issued by the Ministry of Health according to risk management principles in accordance with international regulations or safety norms according to corresponding regulations and standards announced by organizations and individuals in case there are no regulations of the Ministry of Health (original or certified copy);

c) Scientific evidence proving the uses of the product or the ingredients that create the announced uses (original or copy certified by the organization or individual). When using scientific evidence about the uses of a product's ingredients to make the product useful, the daily dose of the product must be at least greater than or equal to 15% of the amount of use of that ingredient stated in the document. ;

d) Certificate of establishment meeting food safety conditions in case the establishment is subject to a certificate of establishment meeting food safety conditions according to regulations (copy certified by the organization or individual). core);

d) Certificate of establishment meeting food safety conditions meeting Good Manufacturing Practices (GMP) requirements in case domestically produced products are health protection foods applicable from July 1, 2019 (copy certified by organization or individual).

3. Documents in the product declaration registration dossier must be presented in Vietnamese; In case there are documents in a foreign language, they must be translated into Vietnamese and notarized. Documents must be valid at the time of submitting the product declaration registration application.

Article 8. Procedure for registering product declaration

1. Organizations and individuals producing and trading food submit application for product declaration registration via the online public service system or by post or directly to the application receiving agency according to regulations. The following:

a) Submit to the Ministry of Health for health protection foods, mixed food additives with new uses, food additives not yet on the list of additives allowed for use in food issued by the Minister of Health international regulations;

b) Submit to the competent state management agency designated by the Provincial People's Committee for medical nutritional foods, foods for special diets, and nutritional products for children up to 36 years old. months old;

c) In cases where organizations and individuals producing many types of food are under the authority to receive product declaration registration dossiers from both the Ministry of Health and the competent state management agency headed by the People's Committee. designated by the provincial level, organizations and individuals have the right to choose to submit dossiers to the Ministry of Health or for products under the jurisdiction of any agency to receive registration dossiers, they must submit registration dossiers to that receiving agency.

In case an organization or individual has 02 (two) or more production facilities producing the same product, the organization or individual will only carry out the procedures to register the product declaration at one regulatory agency. Local countries have production facilities selected by organizations and individuals (except for products registered at the Ministry of Health). Once you have selected a state management agency for registration, subsequent registrations must be registered at the selected agency.

2. Within 07 (seven) working days from receipt of complete dossier for registration of product declaration for mixed food additives with new uses, food additives not yet included in the list of additives allowed to be used or not used in foods prescribed by the Minister of Health, medical nutritional foods, foods for special diets, nutritional products for children up to 36 months age and 21 working days for health protection foods, the receiving agency specified in Clause 1 of this Article is responsible for evaluating the dossier and issuing a Receipt of product declaration registration according to Form No. 03, Appendix I issued with this Decree.

The application appraisal time is calculated from the time the application is submitted on the online public service system or upon arrival at the receiving agency (in case of submitting the application by post or submitting it in person).

3. In case of disagreement with an organization's or individual's product announcement dossier or request for amendment or supplementation, the agency receiving the dossier must have a document clearly stating the reason and legal basis of the request. request. The dossier-receiving agency may only request amendments and supplements once.

Within 07 (seven) working days from receipt of the amended or supplemented dossier, the receiving agency will evaluate the dossier and issue a written response. After 90 working days from the date of the official dispatch requesting amendments and supplements, if the organization or individual does not amend or supplement, the dossier is no longer valid.

4. In case the product has a change in product name, origin, or composition, the organization or individual must re-announce the product. In cases where there are other changes, organizations and individuals shall notify in writing the content of the change to the dossier-receiving agency specified in Clause 1 of this Article and may produce and trade products immediately after the change. send notification.

5. The agency receiving the product declaration registration application is responsible for publicly announcing the names and products of the organization or individual that has received the product declaration registration on the electronic information page ( website) and food safety database.

6. Organizations and individuals producing and trading products are responsible for paying fees for appraisal of product declaration registration dossiers according to the provisions of law on fees and charges.

Chapter IV

ENSURE THE SAFETY OF GENETICALLY MODIFIED FOOD

Article 9. Ensuring safety for foods containing ingredients from genetically modified organisms and products of genetically modified organisms

Conditions for issuance, order, procedures for issuance and revocation of the Certificate of genetically modified organisms eligible for use as food and list of genetically modified organisms for which the Certificate of eligibility for use as food is issued implemented according to the provisions of Decree No 69/2010/ND-CP June 21, 2010 of the Government on biosafety for genetically modified organisms, genetic specimens and products of genetically modified organisms and Decree No. 108/2011/ND-CP November 30, 2011 of the Government amending a number of articles of Decree No 69/2010/ND-CP June 21, 2010 of the Government on biosafety for genetically modified organisms, genetic specimens and products of genetically modified organisms.

Article 10. Labeling of goods containing genetically modified organisms and products of genetically modified organisms used as food

1. Organizations and individuals producing and trading food on the market containing genetically modified organisms, products of genetically modified organisms with at least one genetically modified ingredient greater than 5% of total raw materials used to produce food, in addition to complying with the provisions of law on labeling of goods, information related to genetically modified organisms must also be displayed on the product label, except in prescribed cases. in Clause 2 of this Article.

2. Cases of exemption from labeling for goods containing genetically modified organisms and products of genetically modified organisms used as food:

a) Pre-packaged genetically modified foods contain genetically modified ingredients but the modified genes or gene products cannot be detected in the food;

b) Fresh genetically modified foods, processed genetically modified foods without packaging and sold directly to consumers;

c) Genetically modified foods used in emergencies to overcome natural disasters and epidemics.

Chapter V

ISSUING CERTIFICATE OF FOOD SAFETY QUALIFIED FACILITIES

Article 11. Issuance of Certificate of establishment meeting food safety conditions

1. Food production and business establishments must have a Certificate of establishment meeting food safety conditions when operating, except for the cases specified in Clause 1, Article 12 of this Decree.

2. Conditions for issuance of Certificate of establishment meeting food safety conditions are implemented according to the provisions in Clause 1, Article 34 of the Food Safety Law. Particularly for establishments producing health protection foods, they must comply with the requirements specified in Article 28 of this Decree.

Article 12. Establishments are not subject to issuance of Certificates of establishments meeting food safety conditions

1. The following establishments are not subject to issuance of Certificates of establishments meeting food safety conditions:

a) Small initial production;

b) Food production and trading without a fixed location;

c) Small retail processing;

d) Small retail food business;

d) Trading in pre-packaged foods;

e) Producing and trading in food packaging and storage tools and materials;

g) Restaurants in hotels;

h) The collective kitchen does not have a registered food business;

i) Street food business;

k) The facility has been granted one of the following Certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP) System, ISO 22000 Food Safety Management System, International Food Standards (IFS), Global Standards for Food Safety (BRC), Food Safety System Certification (FSSC 22000) or valid equivalent.

2. The establishments specified in Clause 1 of this Article must comply with the corresponding food safety requirements.

Chapter VI

STATE INSPECTION ON IMPORTED AND EXPORTED FOOD SAFETY

Article 13. Cases exempt from state inspection of imported food safety (except cases with food safety warnings)

1. The product has been issued a Certificate of Receipt of product declaration registration.

2. Products brought with the person entering the country, sent before or after the person entering the country to serve their daily needs or trip purposes; Gifts and gifts within the import tax exemption quota according to tax laws.

3. Imported products for personal use of subjects entitled to diplomatic privileges and immunities.

4. Products in transit, transshipment, transshipment, temporary import, re-export, and bonded warehouses.

5. The product is a test or research sample with a quantity suitable for testing or research purposes with confirmation from an organization or individual.

6. Products used for display at fairs and exhibitions.

7. Manufactured and imported products and raw materials are only used to produce and process export goods or serve the internal production of organizations and individuals and are not consumed in the domestic market.

8. Products temporarily imported for sale at duty-free shops.

9. Goods imported to serve urgent requirements under the direction of the Government and Prime Minister.

Article 14. Requirements for terrestrial animal products, aquatic animal products, and plant products used as imported food

1. Terrestrial animal products, aquatic animal products, plant products used as imported food, except processed, pre-packaged foods, foods made by Vietnamese organizations and individuals exported to foreign countries but returned and the cases specified in Article 13 of this Decree must meet the following requirements:

a) Originates from a country or territory with a food safety control system that meets Vietnamese regulations and is included in the list of registered countries and territories by a competent Vietnamese agency. Sign the export of foods of animal, plant and aquatic origin to Vietnam;

b) For terrestrial animal products used as food, aquatic animal products used as food: Must be produced by production and business establishments recognized by competent Vietnamese agencies to meet the requirements. fully meets the requirements for ensuring food safety according to Vietnamese regulations;

c) Each batch of imported goods originating from animals or imported aquatic products must be accompanied by a certificate of compliance with food safety regulations issued by the competent authority of the exporting country (except for aquatic products). caught and processed by foreign fishing vessels at sea and sold directly to Vietnam).

2. Procedures for registering countries, territories and production and business establishments mentioned in Clause 1 of this Article on the list of exports to Vietnam shall comply with the provisions of Article 22 of this Decree.

3. The Ministry of Agriculture and Rural Development is responsible for providing customs authorities with a list of countries, territories, organizations and individuals allowed to export the above products to Vietnam.

Article 15. State inspection agency for imported food

1. The state inspection agency for imported food is the agency assigned or designated by the Ministry of Health, the Ministry of Agriculture and Rural Development or the Ministry of Industry and Trade.

In case an imported shipment contains many types of food under the management authority of many ministries, the state inspection agency is the agency assigned or designated by the Ministry of Agriculture and Rural Development.

2. State inspection agencies have the following rights and responsibilities:

a) Decision to apply conversion of inspection method from normal inspection method to reduced inspection method and apply normal inspection method after 03 (three) strict inspections to meet imported food requirements ;

b) Conduct food inspection according to methods and procedures specified in this Decree;

c) Comply with sampling and storing samples according to the provisions of law;

d) Collect inspection and testing fees and charges in accordance with the law on fees and charges;

d) Ensure professional qualifications, accuracy, honesty and objectivity when inspecting and confirming food safety for imported shipments and items;

e) Subject to the direction, inspection and guidance on organization and operations of the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade;

g) Receive and resolve complaints from goods owners. If causing damage to the goods owner, the state inspection agency must refund all testing and inspection fees, and at the same time compensate the goods owner for damage (if any) according to the provisions of law;

h) Store inspection records according to the provisions of law and present archived records when requested by competent authorities;

i) Make reports every 6 months to the corresponding specialized management ministry as prescribed in Form No. 06 Appendix I promulgated together with this Decree or an unexpected report when there is a warning from the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade of Vietnam or a competent authority abroad or the manufacturer. export or report on unsatisfactory food processing results for imported foods.

Article 16. Inspection method

Inspection of imported food safety is carried out by one of the following methods:

1. Reduced inspection method, whereby documents are checked for a maximum of 5% out of the total number of imported shipments within 01 year randomly selected by the customs authority.

2. Normal inspection method, which only checks records of imported goods.

3. Strict inspection method, according to which documents are examined combined with testing samples.

Article 17. Application of inspection methods

1. Reduced inspection applies to shipments and items falling into one of the following cases:

a) Has been confirmed to meet food safety requirements by a competent agency or organization of a country that has signed an international treaty on mutual recognition of food safety inspection activities of which Vietnam is a member. pellets; There are inspection results of the exporting country's competent authority for the shipment and goods in accordance with the provisions of Vietnamese law;

b) There have been 03 (three) consecutive lanes within 12 months that meet import requirements according to normal inspection methods;

c) Manufactured in facilities applying one of the quality management systems GMP, HACCP, ISO 22000, IFS, BRC, FSSC 22000 or equivalent.

2. Normal inspection applies to all items of imported shipments, except for the cases specified in Clauses 1 and 3 of this Article.

3. Strict inspection applies to shipments and imported goods in one of the following cases:

a) The batch of goods or items did not meet import requirements at the previous inspection;

b) Lots of goods and items do not meet requirements during inspections and tests (if any);

c) There is a warning from the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the Provincial People's Committee or a competent authority abroad or the manufacturer.

4. Switch from strict inspection method to normal inspection method in the following cases:

a) For the cases specified in Points a and b, Clause 3 of this Article, if after applying the strict inspection method 03 (three) consecutive times, the results meet import requirements;

b) For the case specified in Point c, Clause 3 of this Article, when there is a written notice to stop strict inspection from the Ministry of Health, the Ministry of Agriculture and Rural Development or the Ministry of Industry and Trade of Vietnam.

Article 18. Inspection registration dossier

1. Registration dossier for inspection under the reduced inspection method includes:

a) Product self-declaration;

b) 03 (three) Notification of results confirming that food meets consecutive import requirements according to normal inspection methods or a certified copy or consular legalized original of one of the GMP and HACCP Certificates , ISO 22000, IFS, BRC, FSSC 22000 or equivalent valid at the time of submission;

c) In the case of products originating from aquatic and terrestrial animals, except for processed and pre-packaged products, there must be a certificate of compliance with food safety regulations issued by the agency. Issued by the authority of the exporting country (original).

2. Registration dossier for inspection under normal inspection methods and strict inspection methods includes:

a) Registration certificate for imported food inspection as prescribed in Form No. 04 Appendix I issued with this Decree;

b) Product self-declaration;

c) 03 (three) Notification of results confirming that food meets the requirements for consecutive imports under the strict inspection method for shipments and items converted from strict inspection to normal inspection ( original);

d) Copy of Packing list;

d) In case of products specified in Article 14 of this Decree requires a certificate of compliance with food safety regulations issued by the competent authority of the exporting country (original), except in the case of seafood caught by foreign fishing vessels. caught, processed and sold directly to Vietnam.

Article 19. Procedures for inspection of imported food

1. Inspection sequence for reduced inspection cases:

a) When carrying out customs procedures, the goods owner is responsible for submitting documents as prescribed in Clause 1, Article 18 of this Decree;

b) Customs authorities are responsible for randomly selecting up to 5% out of the total number of imported shipments subject to reduced inspection within 01 (one) year to check documents according to regulations.

Within 03 (three) working days from the date of receipt of the dossier, the customs authority is responsible for checking the dossier and clearing the goods. In case of requesting additional documents, the reason and legal basis for the request must be clearly stated.

2. Inspection sequence for normal inspection cases:

a) Before or when the goods arrive at the border gate, the goods owner submits an application for inspection according to the provisions in Clause 2, Article 18 of this Decree to the state inspection agency or the National Single Window Information Portal subsystem of the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade (if applied);

b) Within 03 (three) working days from the date of receipt of the dossier, the state inspection agency is responsible for checking the dossier and issuing a notice that the food meets or does not meet the import requirements according to Form No. 05 Appendix I issued with this Decree. In case of requesting additional documents, the reason and legal basis for the request must be clearly stated;

c) The goods owner is responsible for submitting the Notice of results confirming that the food meets import requirements to the customs authority for customs clearance of goods.

3. Inspection order and procedures for tight inspection cases:

a) Implement the provisions in Point a, Clause 2 of this Article;

b) Within 07 (seven) working days from the date of receipt of the dossier, the state inspection agency is responsible for checking the dossier, taking samples, and testing food safety criteria as required. request and issue notification of food that meets or does not meet import requirements Form No. 05 Appendix I issued with this Decree. In case of requesting additional documents, the reason and legal basis for the request must be clearly stated;

c) The goods owner is responsible for submitting the Notice of results confirming that the food meets import requirements to the customs authority for customs clearance of goods.

4. In case of notification of results confirming that food does not meet import requirements according to the provisions of Point b, Clause 2, Point b, Clause 3 of this Article, the state inspection agency shall decide on handling measures according to the following provisions: form specified in Clause 3, Article 55 of the Food Safety Law and report the results of handling food that does not meet import requirements to specialized management ministries.

Article 20. Handling of food that does not meet imported food requirements

1. After completing the handling of food that does not meet import requirements according to the decision of the state inspection agency, the goods owner is responsible for reporting to the state inspection agency and the document receiving agency. publish one of the following documents:

a) Re-export documents in case of applying re-export;

b) Destruction record certified by a competent authority;

c) Contract to change the purpose of use between the goods owner and the buyer or transferee of the lot or item. The buyer or transferee of a shipment or item that does not meet import requirements may not use that shipment or item as food.

2. After completing the correction of product errors and labeling errors, if they want to import into Vietnam, the goods owner is responsible for carrying out inspection registration procedures according to the provisions of Article 19 of this Decree.

In cases where measures to correct product errors or labeling errors have been applied but the shipment or item still does not meet import requirements, one of the handling methods specified in the regulations must be applied. Points c and d, Clause 3, Article 55 of the Law on Food Safety.

Article 21. Rights and obligations of goods owners

The goods owner has the following rights and obligations:

1. Reduced inspection method is applied to imported shipments and items falling into one of the cases specified in Clause 1, Article 17 of this Decree.

2. Request the state inspection agency to review the test results or request the agency receiving the product declaration to select a designated testing facility to re-check the test results. In case the re-inspection results are consistent with the first inspection results, the goods owner must bear the cost of re-inspection; In case the re-inspection results meet the requirements of imported food, the re-inspection fee paid will be refunded.

3. Have the right to propose handling measures specified in Clause 3, Article 55 of the Food Safety Law for shipments and items that do not meet imported food requirements.

4. Ensure the original status of the shipment and goods so that the state inspection agency can take samples.

5. Implement decisions on handling shipments and items of competent state inspection agencies if the shipments and items do not meet imported food requirements.

Article 22. Procedures for registering countries, territories and production and business establishments on the list of food exporters to Vietnam and state inspection of food safety in the exporting country

1. Vietnam's competent state management agency develops an inspection plan, notifies and coordinates with the competent authority of the exporting country to inspect the country's food safety control system Exporters and establishments producing and trading food exported to Vietnam according to the following procedures:

a) The competent authority of the exporting country sends 01 (one) set of registration dossier to the Ministry of Agriculture and Rural Development, including information about the management system of the country and territory (including the management system of the country and territory). legal system, standards, food safety management organization system) and food safety control capacity of national authorities and exporting territories according to Form No. 08, Appendix I issued with this Decree; List of establishments producing and trading food originating from animals and aquatic products registered to export to Vietnam according to Form No. 07 Appendix I and information on food safety conditions of this production and business establishment according to Form No. 09, Appendix I issued with this Decree;

b) Within 30 working days from the date of receipt of a complete application for registration of the list of production and business establishments specified in Point a of this Clause from the competent authority of the exporting country or the competent authority of the exporting country. The industry management ministry shall verify the dossier and notify the competent authority of the exporting country of the verification results and inspection plan in case it is necessary to conduct an inspection for the exporting country to Vietnam;

c) Inspection content in the exporting country includes: Legal system on food safety management and control; the capacity of the food safety control agency of the exporting country; Conditions for ensuring food safety of production and business establishments registered to export to Vietnam.

2. Processing inspection results and notification of the list of countries, territories and list of production and business establishments permitted to export to Vietnam are prescribed as follows:

a) In case it is not necessary to carry out physical inspection of the country exporting to Vietnam, the Ministry of Agriculture and Rural Development shall announce the results and names of countries and territories permitted to export to Vietnam. . Particularly for terrestrial animal products and aquatic animal products, it must be announced with a list of production and business establishments permitted to export;

b) In case it is necessary to carry out an inspection in the exporting country, within 30 working days from the end of the inspection in the exporting country, the Ministry of Agriculture and Rural Development shall process and announce the results. test results.

In case the inspection results do not fully meet the prescribed requirements, the Ministry of Agriculture and Rural Development shall notify and clearly state the specific reasons for the cases that are not allowed to export food to Vietnam;

c) In case of requesting to supplement the list of production and business establishments exporting terrestrial animal products and aquatic animal products to Vietnam, the competent authority of the exporting country shall send a dossier including the list. Books and background information follow Form No. 07 and Form No. 08 according to the provisions of Point a, Clause 1 of this Article shall be sent to the Ministry of Agriculture and Rural Development to verify the dossier or conduct an actual inspection in the exporting country, and on that basis, consider and decide on the addition to the list.

Article 23. State inspection of exported food

1. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade stipulate the authority for state inspection of food safety for exported foods in the assigned management areas. reason at the Articles 62, 63 and 64 of the Food Safety Law when requested by the importing country.

2. The Ministry of Agriculture and Rural Development is responsible for inspecting exported food shipments including many items under the management authority of 2 or more ministries.

Chapter VII

FOOD LABELING

Article 24. Compulsory labeling content

1. Organizations and individuals producing and trading products in Vietnam, in addition to complying with the provisions of law on goods labeling, must also comply with the following regulations:

a) Medical nutritional foods must contain the following phrases: “Medical nutritional foods” and “Used for patients under the supervision of medical staff”;

b) Foods used for special diets must have the phrase: "Nutrition product (for specific subjects)" on the main side of the label to distinguish it from regular foods.

2. Particularly for imported products, the name of the organization or individual responsible for writing on the product label must show: name and address of the manufacturing organization or individual and name and address of the organization or individual. self-declaration or registration of product declaration.

Article 25. Exemption from some mandatory labeling contents

1. Exemption from additional labeling for products brought into the country for personal consumption, gifts, and gifts within the import tax exemption quota; imported products of subjects eligible for diplomatic privileges and immunities; products in transit, transshipment, transshipment, temporary import, re-export, and bonded warehouses; the product is a test or research sample; Products are samples displayed at fairs and exhibitions; Manufactured and imported products and raw materials are only used to produce and process export goods or serve the internal production of organizations and individuals and are not consumed in the domestic market.

2. In addition to spices and herbs, for small packages, the largest surface area is less than 10 cm2, exempt from the application of ingredients, shelf life, storage instructions, and instructions for use if there is a secondary label or outer packaging that fully shows those contents.

3. Exemption from manufacturing date for food containers and packaging materials in direct contact with food.

Chapter VIII

FOOD ADVERTISING

Article 26. Food content must be registered before advertising

1. Health protection foods, medical nutritional foods, foods for special diets.

2. Nutritional products for children up to 36 months of age are not subject to advertising bans specified in Article 7 of the Advertising Law.

Article 27. Registration of food advertising content

Registration of food advertising content, in addition to complying with legal regulations on advertising, must also comply with the following regulations:

1. Before advertising, organizations and individuals with advertising products must register advertising content with the agency that issues the Certificate of receipt of product announcement registration according to current regulations.

2. Advertising content must be consistent with the uses and effects of the product announced in the product announcement. Do not use images, equipment, costumes, names, letters of medical units, facilities, doctors, pharmacists, medical staff, thank you letters from patients, articles from doctors, pharmacists and medical staff to advertise food.

3. For health protection foods:

a) There must be a warning "This food is not a medicine and does not replace medicine"; The writing must be clear and have a color that contrasts with the background color;

b) Advertising on audio and video newspapers must clearly read the recommendations as prescribed in Point a of this Clause;

c) Advertisements on television and audio newspapers with a duration of less than 15 seconds do not have to read "This food is not a medicine and cannot replace medicine", but must show recommendations in the advertisement. fox.

4. Registration dossier for confirmation of advertising content includes:

a) Application for confirmation of advertising content according to Form No. 10, Appendix I issued with this Decree;

b) Receipt of product announcement registration and product announcement confirmed by a competent authority (copy certified by the organization or individual);

c) Product label sample (copy certified by organization or individual);

d) For advertisements on audio and video newspapers, there must be a proposed advertising script and expected advertising content recorded on video discs and audio discs; For advertising on other media, there must be a copy (content sample) of the proposed advertisement (copy certified by the organization or individual);

d) For advertising content other than the uses and features of the product stated in the product announcement, there must be scientific documents to prove it (copy certified by the organization or individual);

Documents in the registration application for confirmation of advertising content must be presented in Vietnamese; In case there are documents in a foreign language, they must be translated into Vietnamese and notarized.

5. Procedures for issuance of Certificate of advertising content confirmation:

a) Organizations and individuals with advertising products send registration dossiers to confirm advertising content to the agency that issues the Certificate of receipt of registration of product announcement;

b) Within 10 working days from the date of receipt of complete and valid documents, the receiving agency is responsible for reviewing the documents and returning results according to Form No. 11 Appendix I issued with this Decree. This time limit is calculated from the date the application is stamped by the receiving agency if the application is sent by post or the date the complete application is received on the online public service system.

In case of disagreement with the advertising content of an organization or individual or request for amendment or supplementation, the receiving agency must issue a document clearly stating the reason and legal basis for the request. The dossier-receiving agency may only request amendments and supplements once.

Within 10 working days from receipt of the amended or supplemented dossier, the receiving agency will evaluate the dossier and issue a written response. After 90 working days from the date of the official dispatch requesting amendments and supplements, if the organization or individual does not amend or supplement, the dossier is no longer valid;

c) Agencies receiving registration dossiers to confirm advertising content are responsible for publicly announcing the names and products of organizations and individuals that have been granted a Certificate of Food Product Advertising Content Certification on the website. its electronic information (website) and food safety database;

d) Organizations and individuals registering for confirmation of advertising content are responsible for paying the application appraisal fee at the application receiving agency.

6. Organizations and individuals with advertising products; Organizations and individuals issuing advertisements may only advertise products that have been granted a Certificate of Advertising Content Confirmation and may only advertise in accordance with the confirmed content.

Chapter IX

CONDITIONS FOR ENSURING FOOD SAFETY IN FOOD PRODUCTION FOR HEALTH PROTECTION

Article 28. Conditions for ensuring food safety in the production of health protection foods

1. Health food production facilities must meet general conditions for ensuring food safety specified in Clause 1, Article 19, Clause 1, Article 20, Clause 1, Article 21 of the Food Safety Law and the following regulations:

a) Must establish and maintain a quality management system to control the production and distribution process to ensure that all products produced by the facility meet quality standards as announced and are safe for consumers. with the user until the expiration date;

b) Enough employees with professional qualifications appropriate to the assigned job positions and trained in basic knowledge of GMP, food safety and related professional knowledge. The head of production and the head of quality control must be official personnel, working full-time for the facility and independent of each other. The person in charge of the facility must have a university degree or higher in one of the following majors: Medicine, Pharmacy, Nutrition, Food Safety, Food Technology and must have at least 3 years of working experience. in relevant specialized fields;

c) The factory system, equipment and auxiliary utilities are designed, built and installed in accordance with the purpose of use, according to the one-way principle, easy to clean, prevent and minimize the risk of mistakes. mix, avoid accumulation of dirt, pollution and factors that adversely affect the product and maintain daily hygiene activities;

d) Implement and save complete records and documents on production, quality control, circulation and distribution to retrieve the history of all product batches and records of all other activities that have been performed. base current;

d) All production operations must be performed according to procedures and instructions. Apply inspection and supervision measures during the production process to prevent and avoid the risk of confusion, pollution, and cross-contamination. Record the results immediately when performing the operation or immediately after completing the production step in the records;

e) Have a quality control department to ensure products are manufactured under appropriate conditions and processes and meet established standards; The necessary tests have been performed; Raw materials are not approved for export for use, products are not approved for sale without being assessed to meet the required quality; Products must be monitored for stability;

g) In case of testing or production under contract, the contract recipient must have enough factories, equipment and personnel to meet the transferor's requirements and comply with the regulations of the competent management agency on conditions for testing or producing health protection foods;

h) Have procedures for complaint resolution, product recall, and self-inspection activities; Follow the process and record and keep complete records for these activities.

2. The Ministry of Health guides Good Manufacturing Practices (GMP) for health-protecting foods for health-protecting food production facilities to apply.

3. From July 1, 2019, establishments producing health protective foods must apply Good Manufacturing Practices (GMP) for health protective foods according to the instructions of the Ministry of Health.

Article 29. Documents, order, authority to issue and re-issue Certificate of establishment meeting food safety requirements Good manufacturing practices (GMP) for health protection foods

1. Dossier for issuance of Certificate of establishment meeting food safety conditions that meet the requirements of Good Manufacturing Practices (GMP) for health protection foods includes:

a) Application for issuance of Certificate of establishment meeting food safety conditions meeting Good Manufacturing Practices (GMP) requirements for health protection foods according to Form No. 12, Appendix I issued with this Decree;

b) Diagram of production areas and production lines (confirmed by the organization or individual);

c) List of main equipment used at the facility (confirmed by the organization or individual).

2. Procedure for granting Certificate of establishment meeting food safety conditions and meeting Good Manufacturing Practices (GMP) requirements for health-protecting foods

a) The facility prepares documents as prescribed in Clause 1 of this Article and submits them through the online public service system or by mail or directly to the Ministry of Health;

b) Within 15 working days from receipt of complete and valid dossiers, the dossier-receiving agency is responsible for establishing an appraisal team and conducting an on-site assessment at the facility and making an appraisal record according to Form No. 13, Appendix I, issued with this Decree.

The appraisal team has 05 or more people, including at least 02 members with experience in good manufacturing practices (GMP), 01 member with expertise in testing;

c) In case the appraisal results meet the requirements, the agency receiving the application shall issue a Certificate of establishment meeting food safety conditions that meet the requirements of Good Manufacturing Practices (GMP) for health protection foods according to Form No. 14, Appendix I, issued with this Decree. The time to issue a Certificate of establishment meeting food safety conditions and meeting Good Manufacturing Practices (GMP) health protection food requirements is no more than 30 working days from the date of receipt of complete and valid documents;

d) In case the appraisal results at the facility do not meet the requirements, the appraisal team clearly records the unsatisfactory content in the appraisal record for the facility to fix. After remediation, the facility sends a written notice of remediation results to the Appraisal Team. Within 07 (seven) working days from the date of receiving the written notice of remedial results, the appraisal team is responsible for considering and submitting to the Ministry of Health to issue a Certificate of establishment meeting food safety conditions. Meets Good Manufacturing Practices (GMP) requirements for health protection foods. After 3 (three) months from the date of completion of the appraisal, if the facility does not complete the remediation as required and notify the remediation results to the Appraisal Team, the application for a Certificate of eligibility for the facility will be issued. Satisfactory food safety conditions Good manufacturing practices (GMP) for health-promoting foods are no longer valid.

3. Certificate of establishment meeting food safety conditions meeting Good Manufacturing Practices (GMP) requirements for health protection foods is valid for 03 (three) years from the date of issue. Before the expiration of 06 months, the establishment is responsible for submitting an application to re-issue the Certificate of establishment meeting food safety conditions and meeting the requirements of Good Manufacturing Practices (GMP) for health protection foods. Documents and procedures for re-issuance are carried out according to the provisions of Clauses 1 and 2 of this Article.

4. Organizations and individuals applying for a Certificate of eligibility for food safety that meets the requirements of good manufacturing practices (GMP) for health protection foods are responsible for paying the application appraisal fee at the facility. dossier receiving office.

Chapter X

CONDITIONS FOR ENSURING FOOD SAFETY IN PRODUCTION, TRADING AND USE OF FOOD ADDITIVES

Article 30. Regulations on conditions to ensure food safety for food additives

Food additive manufacturing and trading establishments must meet the following food safety conditions:

1. Meets general regulations on food safety conditions specified in Clause 1, Article 19, Clause 1, Article 20, Clause 1, Article 21 of the Food Safety Law.

2. Food additives may only be mixed when those food additives are on the list of additives allowed to be used in food as prescribed by the Ministry of Health and the final product of the mixture does not cause harm. any harm to human health; In case of creating a new product with new uses, the use, intended users and maximum level of use must be proven.

3. The division, grading, and extraction of food additives must be done at a facility that meets food safety conditions and labels according to current regulations.

Article 31. Regulations on single-substance food additives

1. Food additives on the list of additives allowed for use in food prescribed by the Ministry of Health are subject to self-declaration.

2. Product self-declaration procedures for single-element food additives comply with the provisions in Article 5 of this Decree.

Article 32. Regulations on mixed food additives with new uses

1. Mixed food additives with new uses must have their product declaration registered at the Ministry of Health.

2. Mixed food additives with new uses must have the quantitative ingredients listed for each additive in the composition.

3. Procedures for registering a product declaration for mixed food additives with new uses according to the provisions of Articles 7 and 8 of this Decree.

Article 33. Regulations on use of food additives

Organizations and individuals producing and trading products are responsible for:

1. Only use food additives in the list of additives allowed for use in food prescribed by the Ministry of Health. In case the food additive is not on the list of additives allowed for use in food or is not intended for use as prescribed by the Ministry of Health; Organizations and individuals producing and trading food additives must register product declarations at the Ministry of Health according to the provisions of Articles 7 and 8 of this Decree.

2. Use of food additives does not exceed the maximum allowable level; the right food object; have clear origins and origins; still in use; fully meets management and technical requirements for food additives.

Chapter XI

TRACE THE ORIGIN OF FOOD

Article 34. Traceability of unsafe products

When discovering that the food products they produce or trade are not safe or when requested by a competent state agency, organizations and individuals producing and trading the products must be responsible for implementing Traceability according to regulations in Clause 1 and Clause 2 Article 54 Food Safety Law.

Article 35. Implement origin traceability for unsafe products

1. Organizations and individuals that produce and trade products must store information related to the manufacturer, product supplier and customer in case the customer has purchased that product through a contract or book. records or other methods to serve traceability. Information for traceability includes:

a) Name and type of products purchased and sold;

b) Date, month, year, quantity, volume, lot number, batch number of products (if any) purchased or sold.

2. The Minister of Health, the Minister of Agriculture and Rural Development, and the Minister of Industry and Trade shall specifically regulate product traceability for products in the assigned management fields.

Chapter XII

ALLOCATION OF RESPONSIBILITIES FOR STATE MANAGEMENT OF FOOD SAFETY

Article 36. Principles for assigning responsibilities for state management of food safety

1. On the basis of the provisions of Food Safety Regulation and ensure compliance with relevant legal documents.

2. On the basis of unified state management of food safety.

3. Ensure management throughout the entire food production and trading process.

4. Close coordination between ministries and branches.

5. Ensuring the principle of one door, one product, one production and business establishment is only under the management of one state management agency.

6. Ensure scientificity, completeness and feasibility.

7. Decentralization of state management between central and local authorities at all levels in state management of food safety.

8. For establishments that produce many types of food products under the management authority of 2 or more specialized management agencies, the product management agency with the largest output among the products of the production establishment Export is the management agency.

9. For establishments that do not carry out the production stage but trade many types of food products under the management authority of 2 or more specialized management agencies managed by the Industry and Trade sector, except in the case of markets. focal point and auction of agricultural products.

10. For establishments that both produce and trade many types of products under the management authority of 2 or more specialized management agencies, organizations and individuals have the right to choose a specialized safety management agency. food to carry out administrative procedures.

Article 37. Responsibility for state management of food safety of the Ministry of Health

1. Implement regulations on general responsibility in state management of food safety specified in Clause 1, Article 62 of the Food Safety Law.

2. Report periodically and irregularly to the Government on food safety management based on monitoring and synthesizing reports of specialized management ministries and provincial People's Committees.

3. Issue national technical regulations for products in the assigned management areas specified in Article 62 of the Food Safety Law and internal product groups Appendix II issued together with this Decree; promulgate national technical regulations or regulations on safety limits for product groups at the request of specialized management ministries.

4. Manage food safety throughout the process of production, processing, preservation, transportation, export, import, business and production and business establishments for food products specified in Appendix II issued together with this Decree.

5. Organize the receipt and management of documents, issue the Certificate of receipt of registration of product declaration, Certificate of facility meeting food safety conditions for: health protection foods, mixed food additives In case of new uses, food additives are not on the list of additives permitted for use or are not intended for use in food as prescribed by the Ministry of Health; Certificate of facility meeting food safety requirements Good manufacturing practices (GMP) for health protection foods; Certificate of advertising content confirmation for health protection foods; Certificate of free circulation for products in the assigned management field, Health certificate.

6. Designate food testing facilities to serve state management, testing and verification facilities within the scope of assigned management; designate a referee testing facility and make final conclusions when there are differences in testing results of food testing facilities inside and outside the health sector.

7. Appoint a state inspection agency on imported food safety for products in the assigned management field.

Article 38. Responsibility for state management of food safety of the Ministry of Agriculture and Rural Development

1. Issue national technical regulations for products in the assigned management fields specified in Article 63 of the Food Safety Law and internal product groups Appendix III issued together with this Decree.

2. Develop and send to the Ministry of Health to promulgate regulations on safety limits for internal product groups Appendix III issued together with this Decree.

3. Management and decentralization of food safety management for primary production of agriculture, forestry, fishery and salt including: Process of growing, raising livestock, harvesting, fishing, exploiting agriculture, forestry, Seafood; salt production.

4. Manage and decentralize food safety management throughout the process of production, collection, slaughter, preliminary processing, processing, preservation, transportation, export, import and trading of products and establishments producing and trading food products specified in Appendix III issued together with this Decree.

5. Organize the issuance of Certificates of free circulation for products in the assigned management field.

6. Organize and decentralize the issuance of certificates of establishments meeting food safety conditions for organizations and individuals producing and trading products in the fields assigned to management in Clauses 3 and 4. of this Article.

7. Food safety management for wholesale markets and agricultural auctions.

8. Designate food testing facilities to serve state management, testing and verification facilities; Final conclusions when there are differences in testing results between testing facilities in the assigned management field.

9. Appoint a state inspection agency on imported food safety for products in the assigned management field.

10. Announce the list of countries, territories and the list of production and business establishments permitted to export to Vietnam in the assigned management fields.

Article 39. Responsibility for state management of food safety of the Ministry of Industry and Trade

1. Issue national technical regulations for products in the assigned management fields specified in Article 64 of the Food Safety Law and internal product groups Appendix IV issued together with this Decree.

2. Develop and send to the Ministry of Health to promulgate regulations on safety limits for internal product groups Appendix IV issued together with this Decree.

3. Manage and decentralize food safety management throughout the process of production, processing, preservation, transportation, export, import, and trading of products and production and business facilities food products specified in Appendix IV issued together with this Decree.

4. Food safety management for supermarkets, shopping centers, convenience stores, facilities in storage, distribution systems and other types of businesses.

5. Organize the issuance of Certificates of free circulation for products in the assigned management field.

6. Organize and decentralize the issuance of certificates of establishments meeting food safety conditions for organizations and individuals producing and trading products in the assigned management fields.

7. Carry out inspections to prevent fake food and trade fraud on the market for all types of food, food additives, food processing aids, tools, packaging materials, contain food.

8. Designate food testing facilities to serve state management, testing and verification facilities; Final conclusions when there are differences in testing results between testing facilities in the assigned management field.

9. Appoint a state inspection agency on imported food safety for products in the assigned management field.

Article 40. Responsibility for state management of food safety of the Provincial People's Committee

1. Implement state management of food safety on a local scale, be responsible to the Government for local food safety. The Chairman of the Provincial People's Committee directly acts as Head of the interdisciplinary steering committee on food hygiene and safety in provinces and centrally run cities; proactively organize inspection, examination and supervision forces to ensure food safety in the area; Directly direct and regularly urge and inspect compliance with food safety laws by lower-level state agencies; Handling irresponsible and lax management of cadres and civil servants in assigned management areas; Organize the settlement of complaints, denunciations, and handle violations of food safety laws according to the provisions of law; Be responsible before the Government and before the law when violations of food safety laws occur in the area.

2. Organize and implement regulations of the Government, ministries and branches on food safety in the area.

3. Organize and operate the interdisciplinary steering committee on food hygiene and safety in provinces and centrally run cities.

4. Organize propaganda and mobilization for the implementation of legal regulations on ensuring food safety in the area.

5. Arrange resources for specialized agencies to carry out state management of food safety.

6. Responsible for food safety management in the area; Manage food safety conditions for small food production and business establishments, street food, business establishments, catering services, food safety at markets in the area and objects according to management hierarchy.

7. Develop and promulgate local technical regulations on food safety for specific local food products.

8. Organize the receipt and management of dossiers, issue Receipt of product announcement registration, Certificate of advertising content confirmation for medical nutritional products, foods for special diets, Nutritional products for children up to 36 months old.

9. Organize receipt of product self-declaration; Certification of establishments meeting food safety conditions according to assignment and decentralization.

Article 41. Coordination in food safety assurance activities

1. Sectoral management ministries within the scope of their state management are responsible for coordinating with the Ministry of Health in implementing state management activities to ensure unified state management of food safety. effective.

2. The Ministry of Health presides over the development of an information, education and communication program on food safety. The Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade and other ministries and branches are responsible for coordinating according to their functions and tasks. Collaborate with the Ministry of Health to implement an information, education and communication program on food safety.

3. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade are responsible for presiding over the development of programs, plans and implementation of inspection and examination activities for products in the assigned fields. management, other ministries and branches are responsible for coordination.

4. When food poisoning occurs, the Ministry of Health is responsible for organizing first aid and timely treatment for people with food poisoning. Specialized management ministries are responsible for providing complete records and information related to the origin of food suspected of causing poisoning in the assigned management field; Coordinate with the Ministry of Health to investigate the cause and take the lead in tracing the origin and handling food poisoning in the assigned management field.

5. When detecting food products in the assigned management areas of other ministries or branches that violate and pose a risk of seriously affecting consumer health, the Ministry of Health shall preside and coordinate with other ministries. Industry managers carry out inspections, tests and conclusions.

Chapter XIII

TERMS ENFORCEMENT

Article 42. Transitional provisions

1. Products that have been issued with a Certificate of Declaration of Conformity and a Certificate of Declaration of Compliance with Food Safety Regulations before the effective date of this Decree may continue to be used until the expiration date stated above. paper and the expiration date of the product.

2. Management ministries shall, within their scope, tasks and powers, review and declare the validity of regulations contrary to this Decree.

Article 43. Effectiveness of implementation

1. This Decree takes effect from February 2, 2018.

2. Replace Decree No 38/2012/ND-CP April 25, 2012 of the Government detailing the implementation of a number of articles of Food Safety Regulation; rejected Chapter II Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated April 9, 2014 of the Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade guiding the assignment and coordination in State management of food safety.

Article 44. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally-run cities and relevant organizations and individuals are responsible for implementing the Decree. this decision./.

 

Recipients:
– Party Central Committee Secretariat;
– Prime Minister, Deputy Prime Ministers;
– Ministries, ministerial-level agencies, and agencies under the Government;
– People's Councils and People's Committees of provinces and centrally run cities;
– Central Office and Party Committees;
– Office of the General Secretary;
- Office of the President;
– Nationalities Council and Committees of the National Assembly;
- Congress office;
- Supreme People's Court;
- People's Procuratorate of the Supreme;
– State audit;
– National Financial Supervisory Commission;
– Social Policy Bank;
- Vietnam Development Bank;
– Central Committee of Vietnam Fatherland Front;
– Central agency of unions;
– Office of Government: BTCN, PCNs, Assistant to the President, General Director of the Electronic Information Portal, Departments, Bureaus, affiliated units, Official Gazette;
– Saved: VT, KGVX (2).

TM. GOVERNMENT
PRIME MINISTER

Nguyen Xuan Phuc

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