MINISTRY OF HEALTH | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 2728/QD-BYT | Hanoi, May 03, 2018 |
DECISION
DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF VIETNAM FOOD ADMINISTRATION AFFILIATED TO THE MINSITRY OF HEALTH
THE MINISTER OF HEALTH
Pursuant to the Government’s Decree No. 75/2017/ND-CP dated June 20, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Health;
At the request of the Director of the Vietnam Food Administration and the Director of the Department of Personnel and Organization, Ministry of Health,
HEREBY DECIDES:
Article 1. Position and functions
The Vietnam Food Administration is an agency that is affiliated to the Ministry of Health, and meant to assist the Minister of Health in performing state management and organizing the implementation of laws on the field of food safety that is within the jurisdiction of the Ministry of Health and assigned to manage nationwide.
The Vietnam Food Administration has a separate legal status, seal, account, and is located in Hanoi city.
Article 2. Tasks and powers
1. Take charge of preparing and propose the promulgation of legislative documents, policies, strategies, plans, planning, programs, schemes and projects on food safety with respect to the field under the management of the Ministry of Health and provide guidelines and organize the implementation thereof.
2. Take charge of establishing and amending and propose the promulgation of:
a) national technical regulations on the products and foods under the management of the Ministry of Health;
b) national technical regulations on criteria and maximum permissible limits of product groups at the request of supervisory Ministries;
c) regulations on general food safety requirements for producers and traders of foods, and regulations on specific food safety requirements for producers and traders of all kinds of foods, implements, containers, and packaging in direct contact with food under the management of the Ministry of Health; guidelines for Good Manufacturing Practice (GMP) for dietary supplements;
d) regulations on foods safety requirements and guidelines for food safety management by industrial kitchens, restaurants within hotels, resorts, restaurants, food businesses and street food businesses;
dd) regulations on requirements for food testing laboratories under the management of the Ministry of Health;
e) regulations on management of food additives, food processing aids and micronutrient fortified foods under the management of the Ministry of Health;
g) Provide guidelines and assign units to participate in and manage food safety with respect to healthcare sector.
3. Provide guidelines and take charge of organizing the dissemination of knowledge and laws; participate in review, systematization, consolidation, codification and supervision of implementation of the law on food safety as prescribed by law.
4. Provide guidelines and take charge of conducting activities of inspection, risk assessment, prevention, investigation and cooperation in preventing food poisoning and responding to food safety incidents under the management of the Ministry of Health.
5. Direct, provide guidelines and organize the compliance with regulations on food safety in course of production, preparation, processing, preservation, transportation, import, export and trading in functional foods, micronutrient fortified foods, food additives, micronutrients, food processing aids, bottled water, natural mineral water, ice, implements, containers, and packaging in direct contact with food and other products that are not on the list under the management of the Ministry of Industry and Trade and Ministry of Agriculture and Rural Development.
6. Receive and manage documents, issue and revoke certificates of registered product declaration of dietary supplements, mixed food additives with new uses and food additives that are not on the list of permitted food additives compiled by the Ministry of Health; certificates of advertisement contents for dietary supplements; certificates of sale of rapid test kits for the purpose of testing for food safety parameters in accordance with regulations of law.
7. Receive and manage documents, issue, replace, suspend and revoke certificates of food safety for producers and traders of dietary supplements and mixed food additives with new uses; certificates of Good Manufacturing Practice (GMP) for dietary supplements; certificates of completion of food safety training programs for owners and persons directly involved in production and sale of foods under the management of the Ministry of Health in accordance with regulations of law.
8. Receive and manage documents, issue and revoke certificate of free sale for products under the management of the Ministry of Health; health certificates and other certificates for exported foods in accordance with regulations of law.
9. Receive and manage documents, issue and revoke certificates of submission of Declaration of Conformity and certificates of Declaration of Conformity of tobacco products in accordance with regulations of law.
10. Be in charge of assisting the Minister of Health in appointing:
a) Testing laboratories under the management of the Ministry of Health; laboratories that run tests serving of arbitration and giving final conclusions in case of discrepancies in results given by various laboratories;
b) regulatory authorities responsible for food safety of imported products under the management of the Ministry of Health.
11. Decide to appoint and re-appoint, and suspend and revoke the appointment decision of:
a) certification bodies responsible for assessing the conformity of products under the management of the Ministry of Health;
b) food testing laboratories under the management of the Ministry of Health.
12. Direct and provide professional guidelines for management of food safety for the Department of Health (Sub-Vietnam Food Administration) or authority or unit assigned to perform state management of food safety in healthcare sector; provide professional training in food safety.
13. Organize the specialized inspection and take actions against violations of regulations on food safety within its management as prescribed by law soft; participate in directing and providing guidelines for specialized inspection of food safety under the management of the Ministry of Health.
14. Act as a standing authority of the Central Interdisciplinary Steering Committee for Food Safety and of the Vietnam Codex Alimentarius Committee.
15. Establish food safety database; prepare and submit periodic and ad hoc reports on food safety management on the basis of supervising and consolidating reports submitted by supervisory ministries and People’s Committees of provinces.
16. Conduct scientific research and international cooperation in food safety as prescribed by law.
17. Manage its organization structure, officials, public officials and public employees, finance, and allocated assets as prescribed by law and as assigned by the Minister of Health.
18. Other tasks and powers given by the Minister of Health.
Article 3. Organizational structure
1. The heads of the Administration include the Director and no more than 03 Deputy Directors.
The Director and Deputy Directors are appointed or dismissed by the Minister of Health as prescribed by law.
The Director is responsible to the Minister of Health and law for the operation of the Administration. The Deputy Directors shall assist the Director and fulfill the duties assigned by the Director, and are responsible to the Director and soft law for the fulfillment of their duties.
2. Organizational structure of the Administration
a) The head office;
b) Planning - Finance Division;
c) Legislation - Inspection Division;
d) Standard Management and Testing Division;
dd) Food Poisoning Control and Communications Division;
e) Food Management Division;
Affiliated units
- Office of the Vietnam Codex Alimentarius Committee;
- Center For Food Safety Application;
- Health and Food Safety Magazine.
3. Mechanism
a) The Vietnam Food Administration is leaded by its Director;
b) Functions, tasks and powers of the head office, and divisions and units affiliated to the Administration are decided by the Director on the basis of the Administration’s functions and tasks assigned by the Ministry of Health impossible failure revoke. The relationships between the head office and the other Divisions are defined by the Director;
c) The appointment and dismissal of managers of the head office, and the Divisions and units affiliated to the Administration must be conformable with law;
d) The heads of the Administration, the managers of its head office and Divisions are entitled to allowances as prescribed by law.
4. Payroll
Payroll of the Vietnam Food Administration shall be made in accordance with the laws on job positions and adjusted by the Minister of Health at the request of the Director.
5. Budget
The budget of the Vietnam Food Administration is funded by government budget and other lawful sources.
Article 4. Effect
1. This Decision comes into force from the date on which it is signed.
2. The Decision No. 4062/QD-BYT dated October 22, 2012 of the Minister of Health defining functions, tasks, powers and organizational structure of the Vietnam Food Administration is null and void from the effective date of this Decision.
Article 5. Responsibility for implementation
The Chief of the Ministry Office, the Chief Inspector of the Ministry, the Directors of the Departments affiliated to the Ministry of Health, and the heads of relevant units are responsible for the implementation of this Decision./.
| THE MINISTER |