| MINISTRY OF HEALTH OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
| No. 10/VBHN-BYT | Hanoi, November 02, 2023 |
Circular No. 48/2015/TT-BYT dated December 01, 2015 of the Minister of Health on regulations on inspection of food safety in food production and trade under the management of the Ministry of Health, which comes into force from January 15, 2016, is amended by:
Circular No. 17/2023/TT-BYT dated September 25, 2023 of the Minister of Health on amendments to and annulment of certain legislative documents on food safety promulgated by the Minister of Health, which comes into force from November 09, 2023.
Pursuant to Clause 5 Article 68 of Law on Food Safety dated June 17, 2010;
Pursuant to Government’s Decree No. 38/2012/ND-CP dated April 25, 2012 on elaboration of a number of Articles of the Law on Food Safety;
Pursuant to Government's Decree No. 63/2012/ND-CP dated August 31, 2012 on functions, tasks, powers and organizational structure of the Ministry of Health;
At request of the Director of Vietnam Food Safety Authority;
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The Circular elaborates responsibilities for inspection of food safety; contents, methods of and procedures for inspection and settlement of inspection results in food production and trade under the management of the Ministry of Health.
1.2 Establishments producing and/or trading in food products and groups; goods under the management of the Ministry of Health specified in Appendix II promulgated together with the Government's Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of a number of Articles of the Law on Food Safety.
2. Food and beverage businesses establishments and food street vendors
3.3 Establishments producing and trading in food under the management of many agencies or local governments and the cases specified in Clauses 8, 10, Article 36, Clause 5, Article 41 of Decree No. 15/2018/ND-CP that the health sector is assigned to management and inspection.
4. Agencies having authority to inspect food safety and inspectorates established by these agencies.
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6. This Circular does not apply to:
a) State inspection of exported and imported food safety conducted by inspecting authorities of the State that have been appointed.
b) Inspection of food conformity certification by certification bodies that have been appointed.
Article 3. Inspection principles
1. Compliance with principles specified in Clause 4 Article 68 of the Law on Food Safety.
2. 4 No duplication of inspected entities, contents, location, and time of inspection. Any duplication of the inspection plan of the inferior food safety managing-authority and that of the superior food safety managing-authority shall be solved with the order of priority as follows:
a) If the inspection plan of the inferior authority coincides with that of the superior authority, the latter inspection plan shall prevail;
b) If the interdisciplinary inspection plan coincides with an inspection plan of a sector, the former inspection plan shall prevail;
c) If the inspection plan of a superior authority managing products or product groups, under the delegation of state management of food safety in Article 36 of Decree No. 15/2018/ND-CP coincides with an inspection plan of another authority, the former inspection plan shall prevail.
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RESPONSIBILITIES, CONTENTS AND METHODS OF INSPECTION OF FOOD SAFETY
1. Food safety inspecting-authorities include:
a) Vietnam Food Safety Authority that conducts inspection of food safety in nationwide.
b) 5 Departments of Health, Food Safety and Hygiene Sub-Departments, food safety-managing authorities affiliated to People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provinces”) that inspect food safety within their provinces;
b) 6 People’s Committees of districts, urban districts, towns, provincial cities, cities affiliated to central-affiliated cities (hereinafter referred to as “districts”) that inspect food safety within their districts. The Health Committee Division, the Health Center, or a specialized agency is assigned to advise and assist the People’s Committee of district to inspect food safety within the district;
d) People’s Committees of communes and communal health stations that inspect food safety within their communes.
2. The agency having authority to inspect food safety shall fulfil and exercise its responsibilities and powers as regulated in Article 69 of the Law on Food Safety.
3. The inspectorate established by the agency having authority to inspect food safety has tasks and powers specified in Article 70 of the Law on Food Safety.
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1. National technical regulations on food products; law regulations on food safety in production and trade in food and food products.
2. Standards related to food safety applied by manufacturers to production and trade in food and food products.
3. Regulations on food safety conditions applicable to establishments producing and trading in food; food and beverage businesses establishments and food street vendors.
4. Regulations on food advertisement and labeling.
5. Regulations on food testing.
6. Other law regulations on food safety.
Article 6. Inspection contents
1. Regarding an establishment producing and trading in food:
a) 7 Administrative records and legal certificates;
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b) 8 Records related to certificate of registered product declaration, product self-declaration, and certificate of advertisement contents. The inspection shall be conducted according to Articles 4, 5, 6, 7, 8, 26 and 27 of Decree No. 15/2018/ND-CP;”
c) Documents and compliance with regulations on facilities and equipment of the owner or persons who directly engage in food production and trading; procedures for food production and processing; food transport and preservation; the origin and expiry date of food ingredients, substances and additives; other regulations related to the establishment producing and trading in food and food products;
d) Contents of food labels;
dd) 9 (Annulled)
e) Compliance with regulations on food advertisement (if any);
g) Documents related to the state inspection of food safety in imported food (with regard to establishments importing and trading in imported food);
h) 10 Collection of food samples, if necessary. Food sampling shall comply with regulations in Article 6 of Circular No. 26/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on the state inspection of the quality of goods that are circulating on the market and Clauses 3 and 8 Article 1 of Circular No. 12/2017/TT-BKHCN dated September 28, 2017 of the Minister of Science and Technology on amendments to Circular No. 26/2012/TT-BKHCN.
2. Regarding a food and beverage businesses establishment/a food street vendor:
a) 11 Administrative records and legal certificates (inspection according to Point a Clause 1 of this Article):
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c) 12 Collection of samples of food, food additives, food processing aids, and ingredients and products used to process food and eat for the purpose of testing, if necessary. Regulations in Point h Clause 1 of this Article shall be applied during the sample collection.
1. Formulation of an inspection plan:
a) Every year, the agency having authority to inspect food safety shall formulate an inspection plan under regulations in point a, Clause 2, Article 69 of the Law on Food Safety according to requirements for food quality management and its developments, the assessment of the observance of the law on food safety; results of the last inspection; its budget and under the direction of its superior management authority.
b) The completion time of formulation of the inspection plan is regulated as follows: before November 01 (for communal authorities), November 15 (for district authorities), December 01 (for provincial authorities) and December 15 (for the Vietnam Food Safety Authority). The inspection plan shall be formulated as the form indicated in the Appendix 01 of this Circular.
2. Notification prior to the inspection: the inspecting authority shall notify the inspected establishment for at least 01 day before the date of inspection, apart from inspected entities that are food trading-establishments not required to apply for business registration or street food vendors.
3. 13 Inspection frequency:
The planned inspection frequency shall not exceed once per year, except for ad hoc inspection specified in Article 8 of this Circular."
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a) When it is found that there are violations against regulations on food safety, or food safety incidents, an ad hoc inspection is required and food safety shall be managed under the direction of the superior authority.
b) Warnings about food safety are issued by domestic, foreign or international organizations.
e) Food safety-related issues are reported by organizations or individuals.
2. The inspecting authority is not required to notify the ad hoc inspection to the establishment producing and trading in food, the food and beverage businesses establishment or the food street vendor in advance.
INSPECTION PROCEDURES AND SETTLEMENT OF INSPECTION RESULTS
Article 9. Inspection procedures
1. An inspection decision shall be issued as follows:
The head of the agency having authority to inspect food safety shall issue an inspection decision which contains the location and scope of inspection, methods of inspection (planned or ad hoc inspection), the term of inspection, the duration for the inspection, members of the inspectorate and its tasks. The inspection decision shall be made as regulated in the Appendix 02 of this Circular.
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a) Notifying the inspection decision to the inspected entity;
b) Carrying out the inspection as regulated in Article 6 of this Circular;
c) Making a Record of Inspection: the Record of Inspection of the establishment producing and trading in food shall be made using the form regulated in the Appendix 03 of this Circular; the Record of Inspection of the food and beverage business establishment shall be made using the form in the Appendix 04 of this Circular; the Record of Inspection of the street food vendor shall be made using the form in the Appendix 05 of this Circular;
d) Reporting the inspection results according to the Article 11 of this Circular;
d) Issuing the decision to settle inspection results as prescribed in the Article 10 of this Circular;
Article 10. Settlement of inspection results 14
1. Actions against violations found during food safety inspection shall be taken in accordance with Point c Clause 1 Article 69 of the Law of Food Safety. An administrative record shall be made against those who commit administrative violations. The administrative record shall be made in accordance with Article 12 of Decree No. 118/2021/ND-CP dated December 23, 2021 on elaboration of the Law on Handling of Administrative Violations.
2. Some particular cases of actions against food safety violations are specified as follows:
a) Any violations against regulations on food labeling shall be dealt with in accordance with Clause 1 Article 9 of Circular No. 26/2012/TT-BKHCN ; Clause 6, Clause 8 Article 1 of Circular No. 12/2017/TT-BKHCN and related legal documents;
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c) If the food sample is unsatisfactory on the basis of the test result and it does not fall within the case specified in Point b of this Clause, the guidance in Clause 2 of Article 9 of Circular No. 26/2012/TT-BKHCN amended by Clause 6 of Article 1 of Circular No. 12/2017/TT-BKHCN, and Clause 8 of Article 1 of Circular No. 12/2017/TT-BKHCN and other relevant legal documents shall be applied;
d) In the event of complaints or disputes regarding food safety related to test results, the inspecting authority shall resolve them according to Articles 47 and 48 of the Law on Food Safety, Clause 6 of Article 37 of Decree No. 15/2018/ND-CP and other relevant laws. In case of resolution to a complaint about the result that the sample is satisfactory, the inspecting authority shall issue a notice within 02 working days of receipt of the test result, stating that the goods may continue to be circulated on the market. In case of resolution to a complaint about the result that the sample is unsatisfactory, the inspection agency shall take actions as prescribed in Clause 1 of this Article, Point b or Point c of this Clause.
3. If the jurisdiction of the inspecting authority is exceeded, the documentation shall be transferred to a superior authority for processing or to the investigating agency for verification and processing in accordance with the law.
Article 11. Report on inspection results
The head of the inspectorate shall submit a written report on inspection results to the head of the authority which issues the inspection decision, within 15 working days from the end of inspection, according to the content in the Appendix 06 of this Circular.
This Circular comes into force from January 15, 2016.
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In case any legislative documents referred to in this Circular are amended, supplemented, or replaced, the new documents shall prevail.
Article 14. Implementation responsibilities 16
Chief of Ministry Office; Director of Vietnam Food Safety Authority; Ministerial Chief Inspector; Heads of units affiliated to the Ministry of Health; Directors of Health Departments of provinces and cities; Heads of food safety-managing authorities under People's Committees of provinces and central-affiliated cities; Heads of health agencies of ministries, central government authorities and relevant agencies, organizations and individuals shall implement this Circular./.
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Do Xuan Tuyen
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“The Law No. 80/2015/QH13 on Promulgation of Legislative Documents dated June 22, 2015; the Law No. 63/2020/QH14 on amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;
The Law No. 55/2010/QH10 on Food Safety dated June 17, 2010;
The Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of a number of Articles of the Law on Food Safety;
The Decree No. 95/2022/ND-CP dated November 15, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Health;
At request of the Director of Vietnam Food Safety Authority,
The Minister of Health promulgates Circular on amendments to and annulment of certain legislative documents on food safety promulgated by the Minister of Health.”
2 This Clause is amended by Clause 1 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
3 This Clause is amended by Clause 1 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
4 This Clause is amended by Clause 2 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
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6 This Point is amended by Clause 3 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
7 This Point is amended by Clause 4 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
8 This Point is amended by Clause 4 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
9 This Point is annulled by Article 6 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
10 This Point is amended by Clause 4 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
11 This Point is amended by Clause 5 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
12 This Point is amended by Clause 5 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
13 This Clause is amended by Clause 6 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
14 This Article is amended by Clause 7 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
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“Article 9. Terms of reference
In case any legislative documents referred to in this Circular are amended, supplemented, or replaced, the new documents shall prevail.
Article 10. Entry into force
This Circular comes into force from November 09, 2023.
Article 11. Implementation responsibilities
Chief of Ministry Office; Director of Vietnam Food Safety Authority; Ministerial Chief Inspector; Heads of units affiliated to the Ministry of Health; Directors of Health Departments of provinces and cities; Heads of food safety-managing authorities under People's Committees of provinces and central-affiliated cities; Heads of health agencies of ministries, central government authorities and relevant agencies, organizations and individuals shall implement this Circular./.”
16 This Article is amended by Clause 8 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
17 This Appendix is replaced according to Clause 9 Article 5 of the Circular No. 17/2023/TT-BYT, which comes into force from November 09, 2023.
File gốc của Integrated document No. 10/VBHN-BYT dated November 02, 2023 Circular on regulations on inspection of food safety in food production and trade under the management of the Ministry of Health đang được cập nhật.
Integrated document No. 10/VBHN-BYT dated November 02, 2023 Circular on regulations on inspection of food safety in food production and trade under the management of the Ministry of Health
Tóm tắt
| Cơ quan ban hành | Bộ Y tế |
| Số hiệu | 10/VBHN-BYT |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Đỗ Xuân Tuyên |
| Ngày ban hành | 2023-11-02 |
| Ngày hiệu lực | 2023-11-02 |
| Lĩnh vực | Thương mại |
| Tình trạng | Còn hiệu lực |