Circular No. 59/2012/TT-BNNPTNT on management of safe vegetable, fruit and tea production

26 OFFICIAL GAZETTE Issur nos 10-12/Novrmbtr 2012 (Cong Ba.011rn(xi7-f16ViV01'lml>cr27, 20 I 2) THE MINISTRY OF AGRICULTlJRE AND RURAL DEVELOPMENT Circular No. 59/2012/TT-BNNPTNT of November 9, 2012, on management of safe vegetable, fruit and tea production Pursuant to the No1'e111hcr 21, 2007 Lal\' on Product and Goods Q11ulitr; Pursuant to the June 17, 2010 ],aw 011 Food Safety; Pursuant to the Government '.I' Decree No. 0112008/ND-CP oflan11ary 3, 2008, defining the f1111ctions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; © VIETNAM LAW & LEGAL FORUM Issue nos 10-12/Novcmber 2012 (Cong Ba.011osMUx,&/N()\'l'lllixr27, 2012) OFFICIAL GAZETTE 27 Pursuant to the Government's Decree No. 75/2009/ND-CP of September 10. 2009, wn c n ding A rt i cl e 3 of th e Gove m III e 11 t '.1· Decree No. 01/2008/ND-CP of Junuun· 3, 2008, defining the fi111ctions, tusks, pml'Crs and orgoni::.utiona! structure of the Ministrr of 1\grirn!t11re and Rum! De,·e!op111e11t; Pursuont to the Go\'em111ent 's Decree No. 3812012/ND-CP of April 25, 2012, c!etui!i11g u nwnher of articles of the Law on Food Sa/i·tv: At the proposu! of the director of the De11ortment of Plant Protection: The Minister of Agriculture and Rural De1·c!opment promulgates the Regulatio11 on manageme11t of safe vegetable, fruit and tea production. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation and subjects of application I. This Circular prescribes the conditions and certification of food safety eligibi I ity for vegetable and fruit production, pre-processing and processing or tea production and processing establishments. 2. This Circular applies to organizations and individuals registering for production, pre­ processing and processing of vegetables, fruits or tea that satisfy food safety conditions (below refened to as safe vegetables. fruits and tea); agencies. organizations and persons related to the certification of food safety eligibility for vegetabk. fruit and tea production, pre­ processing: and processing, and to the inspection and handling of violations in sale vegetable, fruit and tea production. pre-processing and processing in Vietnam. A rticlc 2. Interpretation of term~ 0 In this Circular. the terms oe1ow are construed as follows: I. Safe vegetable or fruit mtt~tls fresh vegetable or fruit which is prod~~,ed, pre "'"" processed or processed in accord,rnce with national technical regulations on f~ safety assurancl'. conditions, or with th(1~~hnical process of safe vegetable or fruit pro~tion and pre-processing approved by provitlZMal-Ievel Departments of Agriculture a119 Rural Development, or with food safety,,-.1.surance regulations included in the Vietnam~~ process of good agricultural practicl'.s (VietG~ for safe fresh vegetables and fruits or offler GAP standards, with their typical samples achieving prescribed food safety indicators. 2. Safe tea means fresh tea buds produced in accordance with national technical regulations on food safety assurance conditions, or with the process of safe tea production (including tea products) or with food safety assurance regulations included in the VietGAP for safe fresh tea buds, or other GAP standards, and @ \JfETN~M W I LEGAL FORU 28 OFFICIAL GAZETTE Issue nos 10-12/Novcmher 2012 (Cong Bao1101fli7-ff1i'I/No1 ·,m/x,,27, ](J/ 2) processed according to technical regulations issued by the Ministry of Agriculture and Rural Development, with their tyoical samples achieving prescribed food safety indicators. 3. Safe wgetahle. fruit or tea r:rnduction. pre­ processing er processing establishment mean.s an esta~1uent that is granted a certificate of - ~ food sa~y l'ligibility for vegetable and fruit produc~~ pre-processing and processing ur tea productiQp and processing. Chapter II CONDIJIONS FOR SAFE VEGETABLE. , .. FRUIT A.ND TEA PRODUCTION. PRE PR~'ESSING AND PROCESSING Arti~ 3. G:neral conditions Safc..,,getablc, fruit or tea production. pre­ process= or processing establishments must ensure ~·conditions prescribed in Articles 23 .,. and 25.Q£.the 20 1 0 Law on Food Safety. Article 4. Conditions to assure fcod safety in veget~b'l'c and fruit production. pre-processing , andprn~ng l. G-wtdition:; for vegetable a,1d fruit --production To comply with the national technical regulations on conditions to assure food safety vegetable and fruit production apprmcd hy the provincial-level Dcpartmrnt ufAgriculture and Rural Development or food safety ,tssurancc rc:gulations in VietGAP or other ( ,AP. 2. Conditions for ,egetahk and 1·rui1 pre­ process 1 n ,!: To comply with the national technical regulation~ on conditinns to assure food sakt) for vegetables and fruits in prnductinn and prL'­ processing issued by the Ministry nfAgriculturL' and Rural I kvcloprnent. 3. Conditions for vegetahle and fruit process mg To comply with national technical regulation QCVN 01-09:2009/BNNPTNT on ,eg,~tahlc and fruit processing establishments - conditions to assure food safety. Article 5. Conditions to assure food s,tfety in tea production and processing I. Conditions for tea production To comply with the national technical regulations on conditions to assure food sal-cty for fresh tea buds in production issued hy till' Ministry of Agriculture and Rural Dcvelopm2nt or food safety assurance regulations in Viet Ci AP or other GAP applying safety limits not lower than those prescribed in VietGAP for vegetables and fruits in production iswed by 2• Conditions for tea processing the Ministry of Agriculture and Rural To comply with national technical regulation Development or the technical process of safe QCVN O 1-07 :2009/BNNPTNT on te 1 ,. @VIEN Issue nos 10-12/November 2012 (Cong Baonos(XJ7-fiw'Novemher27, 2012) OFFICIAL GAZETTE 29 processing establishments - conditions to assure food safety. Chapter III GRANT OF CERTIFICATES OF FOOD SAFETY ELIGIBILITY FOR VEGETABLE AND FRUIT PRODUCTION. PRE­ PROCESSING AND PROCESSING AND TEA PRODUCTION AND PROCESSING ESTABLISHMENTS Article 6. Certificates of food safety eligibility for vegetable and fruit production. pre­ processing and processing or tea production and processing establishments I. Certificates of food safety eligibility are granted to vegetable and fruit production, pre­ processing and processing or tea production and processing establishments (below referred to as establishments), except for small-sized initial production establishments. 2. Establishments meeting the requirements specified in Articles 3, 4 and 5 of this Circular arc granted certificates of food safety eligibility for vegetable and fruit production, pre­ processing and processing or tea production and processing. 3. Provincial-level Departments of Agriculture and Rural Development are competent to grant, re-grant or authorize their specialized agencies to grant and re-grant certificates of food safety eligibility to vegetable and fruit production, pre-processing and @'VlEt'NA :m processing or tea production and processing establishments (below referred to as the certificate). 4. The certificate is valid for 3 (tlm.:e) years. Six months prior to the expiry date of the certificate, the establishment shall submit I (one) set of dossier to request re-grant of ~-Certificate to the agency that is competenl ~o grant certificates. The dossier, order a11cf1wocedures for re-grant of certificates comply with Article 9 of this Circular. 5. The certificate fonn is providediu.Appendix I to this Circular (not tmn.1/ared). 6. Dossiers for grant of certific~e.s must be kept at the agencies granting certificates and establishments applying for certificates. 7. Est ab I ishments that have VietGAP certificates may use such certificates to replace the certificates of food safety eligibility within the validity durations of such certificates. Article 7. Order and procedures for granting certificates I. Dossier submission: a/ The establishment applying for a certificate can send a dossier directly or by post to the agency competent to grant certificates. bl Dossier quantity: I (one) set. cl The dossier wi II be checked whether it is complete and valid within 2 (two) working days. I At.10RUM 30 OFFICIAL GAZETTE Issue nos I 0-12/Novemhcr 2012 (Cong Bao 110.1H17 H;''I/N( 11'(111/>cr 2 7, ;/i I 2) If the dossin is complete and valid as prescribed. it will be accepted; if not, it will be required to be supplemented. 2. Doss in of application: a/ An application for a ce.rtificate. made according to a set form; ""ti•~t. bl A W[itkn explanation of the conditions or /,."* safe vegetable and fruit production. pre processii:t~ancl processing or sar·e :ea production and pro=sing. made accor<ling 10 a set form: cl A:rop:1 of the business registration certificateor t:stahlishment decision; ·"' d/ CSJ?1es Jr the certificates cf training in food sa"rety in vegetable, fruit and tea ~--,,,~.;, produ , p1 e-processing and vocessing of the estaJ.Ulshment's owner and di1ect workers (togethC£.With their originals for comparison), or certi~ copies; team. the competent agency shall 101ify the establishment or the inspection plan at least 5 (five) working days prior to the tirn"-' ol' the appraisal and evaluation. The inspection plan must spl:cify the inspection conti:n\s and duration. and composition of the ins1x-c1 iun k'arn. and inspection requirements. cl Contents and rnetho<ls or inspect ()n The inspection team shall conl uc\ the appraisal an<l evaluation of the L'stahlishmcn\ ·s satisfacti011 of the condilit Hls according It) L'lllTL'n\ regulations thruugh field inspection. <lncu.11e11\:1ry inspection and interviews (if necessar:: J. and. when finding it necessary. may take san1plcs of soil. water and products for testing. The sampling must he done according to prescribed standards or relevant documents. The inspection record. which must state all contents of the inspection and hear the cen ifying e/ T:5e health certificates of the signatures of the establishment's rcprescrtativc establtffl'ment's owner and direct workers granted'by a district- or higher-le\cl medical establishment ( only applicable to pre-processing and pro~.sing establishments). 3. Appraisal and grant of certificates a/Witnin 5 (five) working days from the date of receipt of a valid dossier as prescribed. the agency competenr to grant certificates shall form an inspection team of 2-5 persons tc appraise and evaluate the applying establishment. bf Within 5 (five) working days fror.1 the date of issuing the decision to form the inspection and the inspection team ·s head. must hL' announced at the meeting at the end (If the inspection. If the establishment is nut qua Ii ficd. the inspection team shall state clearly i 1 the record the indicators that arc not achieved and deadlines for the establishment to remedy. If disagreeing with the inspection results of the team. the representative of the establishment may write his/her proposals in the end u1 the record before signing and stamping to cen i fy. The inspection record is still legally valid in case the representative of the establishment docs not sign it. NAM AW & lEGAL FORUM Issue nos 10-12/November 2012 (CongBaonos667-fxxYNovemher27,20!2) OFFiC!AL GAZETTE 31 The fom1 of inspection record, evaluation and guidelines for evaluation of vegetable, fruit and tea production establishments and vegetable and fruit pre-processing establishments are provided in Appendices 4, 5, 6 and 7 to this Circular (not translated); the fonn of evaluation and statistics of vegetable and fruit processing establishments arc provided in Circular No. 1412011/TT­ BNNPTNT of March 29, 2011, of the Minister of Agriculture and Rural Development regulating the examination and evaluation of establishments producing and trading in agricultural supplies and agricultural, forest and aquatic products; the fonn of evaluation and statistics of tea processing establishments is provided in Circular No. 531 201 l./TT-BNNPTNT of August 2, 2011, of the Mirnister Agriculture and Rural Development supplementing Circular No. 1412011/TT­ BNNPTNT. d/ Grant of certificates Within 5 (five) working days from the date of completing the inspection or date of the sample testing result of the inspection team, the establishment that meets all prescribed conditions shall be granted a certificate. Any conditions that are not met must be clearly stated in the inspection record. After receiving the report on remedy, the competent agency shall consider and evaluate the report on remedy (if necessary, it shall send a representative to re-inspect). If all conditions arc met, within 5 (five) working days after receiving the report on remedy of the establishment or of • ovtE'TMI the re-inspection result, the competent agency shall grant a certificate. In case of refusal to grant a certificate. the competent agency shall issue a written reply clearly stating the reason. Article 8. Re-grant and rcvOC.iJ.lion of certificates l. Cases of re-grant of a certificate a/ The original certificate remains valid but is lost or misplaced. bl The original certi ficatc remains valid but it is damaged and can no longer be usefi cl The certificate is detected to h.lve enors caused by the establishment applying, for the certificate or by the agency compctehJto grant the certificate. di The establishment applying"'for the certificate has changed or added int'@fmation relating to it in the certificate. el The certificate expires. fl The certificate is revoked under Point a, Clause 2 of this Article. 2. Cases of revocation of certificates a/ The cases specified in Article I 3 of the Government's Decree No. 38120 I 2IND-CP of April 25, 2012, detailing a number of articles of the Law on Food Safety. bl The case specified at Point c, Clause 2, Article 14ofthisCircular. 32 OFFICIAL GAZETT ·': Issue nos 10-12/Novemher 2012 (Cong Bao nos (f>7 HJ8fNO\ ·rn i/n 27 2/112) 3. Comp<:tence to revoke ccnificates The agencies that are competent to grant the certificates <1 IT competent to revoke them. Article 9. Order and procedures for re-grant of certificate, l. Do@mcr submission a/ The .tstdhlishment requesting re-grant of a certifi~~ sl 1al I submit a dossi,:r to the agency ~, ,, ~ compet~o grant certificates directly. by post. via fax. e.mail or ckctronic network (then send the origi~ do:,sier). b/Dossjcr quantity: I (one) set .,.,,. c/The"tiossicr will be checked whether it is compkL~J!'.nd valid within I (one) working day. If the d~r is complete and valid ... ccording to regulatiQA.l.S, it will be accepted; ifnot. it will be require~ be supplemented. 2. D~sjer for re-grant of a certificate: a/ A written request for re-grant of a certificate of eli,5ibility for safe vegetable and fruit proou.ction, pre-processing and processing or tea pr•tion and processing, made according to a set IQ rm. b/ /\'Written explanation of the conditions of vegetable and fruit production, pre-processing, processing or tea production and processing (if they have changed compared to the first registration). cl Copies of the ce11ificates of training in food safety in vegetable. fruit and tea production, pre processing and processing oft he establ shment's owner and direct workers (together ,:ith their originals tor comparison). or certi tied copiL'S ( for those TIC\\ ly added). di The health cntitic~1tes uf the establishment ·s owner and direct wmkn~; granted bv a district- or highcr-lc\L'i health estahlishmcnt ( only applicable to prL'·flIW'L':,.sing and proce,sing establishment:-. in th , ctsL·s specified at Points d. e. L Clau:-.c I. Arti:k S ()r this Circular). cl The report on remedy ( tor the c,1ses of revocation of the certificate specified at l'ui nt c. Clause 2, Article 14 of this Circular) . fl The granted certificate (for the cases specified at Points band c. Clause I. Ar iclc ~ of this Circular). g/ The competent agencies· reconls of periodic inspection and evaluation of the conditions to assure food safety for vegctahle and fruit production, pre-processing and processing or tea production and proce:;sing establishments according to regulations of the Minister of Agriculture and Rural Development (if any). 3. Appraisal and re-grant of certificates a/ For the cases specified at Points a, band c, Clause l, Article 8 of this Circular. the agencies competent to re-grant certificates shall examine and compare with the original dossiers filed at the certificate-granting agency. The ti rne for examination and re-grant is I (one) working •z NAM LAW & LEGAL FORUM , • Isme nos 10-12/November 2012 (Cong Baonos(£J7N-ll/November27, 2012) day from the date of receiving a valid dossier. The re-granted certificate will have the date of grant and validity duration like the original certificate and be appended with the "re-granted copy" mark. b/ For the cases specified at Points d, e and L Clause I, Article 8 of this Circular, the time. order and time limit for re-grant of certificates comply with Clause 3, Article 7 of this Circular. In case the establishment has annual inspection results of A level as prescribed by the Minister of Agriculture and Rural Development, the time limit for examining and re-granting a certificate is 5 (five) working days from the date of receiving a valid dossier: the certificate­ granting agency shall not form an inspection team. c/ In case of refusal to re-grant the certificate, the competent agency shall reply in writing clearly stating the reason. Article 10. Provisions on sampling, sampling and festing costs J .. The methods of sampling and testing to 33 aquatic products and salt. 2. Establishments applying for certificates shall bear the costs of sampling and testing soil and water samples: cost of sampling and testing product samples: cost of certifying the food safety eligibility for vegetable and fruit production, pre-processing and processing or tea production and processing establishments, unless they are supported by the state budget. 3. The cost of sampling and testing samples 111 irregular or periodic inspection of safe vegetable, fruit and tea production, pre­ processing, processing establishments will be paid by the inspection agency: if the inspection agency concludes that the establishments violate regulations, the establishments shal I pay the costs of sampling, testing and announcement in the mass media. Chapter IV RESPONSIBILITIES OF RELATED PARTIES IN THE GRANT OF CERTIFICATES determine heavy metals and harmful Article 11. Establishments applying for microorganisms in the soil and water are applied certificates in accordance with the national technical regulations and implemented in testing laboratories under Circular No. 54/2011/TI­ BNNPTNT of August 3, 2011, of the Minister of Agriculture and Rural Development, on capacity requirements for laboratories testing food quality and safety of agricultural, forest and allll lll■llf J. To carry out the procedures for grant and re-grant of certificates of food safety eligibility and comply with this Circular. 2. To provide adequate information and related documents and create favorable conditions for the certificate-granting agencies 34 OFFICIAL GAZETTE Issue nos l0-l2/Novrn1bei- 2012 (C6ngBao1101(x,1-(J6S/No1 c,11her77. 7//17) to perform their tasks. 3. To regularly maintain the conditions for safe vegetable, fruit and tea prnduction. pre­ processing and processing as certified. 4. To remedy and com~ct err,xs mentioned in the inspection and evaluation records of the .. ccrtific~granting agencies. 5. Tcwy charges and fees as prescribed. 6. To~gt: complaints when rfa.agrceing with ~·,w,, ~ the concl.usic,ns stated in the inspection and evaluatimt:records. Article 12. Certificate-grantin.s agencies 1. Tcr~rant, re-grant and revoke the certificfiles of food safety eligibility in accorda~ wi1h this Circular and relevant law. 2. Tcdl)rm inspection teams to appraise and evaluat~;rnablishmcnts applying for certificates. 3. To ensure objectivity and fairness in ,t"'t'Jlo certificate-granting activities. 4. Tq periodically or irregularly inspect cstablisbJll~nts that have been granted certificates at the r~est of competent agencie!,. 5. To handle violations and settle complaints and denunciations in accordance with law. 6. To monitor and request establishments to remedy errors in the conditions for safe vegetable, fruit and tea production, pre­ processing and processing. 7. To ask establishmL'nts to prov id.'. dossiers and documents and facilitak the grant or certificates, and inspect the ohserva1 cc of the provision.~ of this Circular and other relevant legal documents. Article 13. Team;, of inspection and cvaluatio11 for granting certificates l. To evaluate and consider the eligibility uf establishments against the prm ision, of this Circular. 2. To assure objectivity 111 inspection and evaluation activities. 3. To report evaluation results truthl.ully to the agencies competent to grant ccrtific.ttcs. 4. To keep secret information relatint to the evaluated establishments and observe al I provisions of cunent law. 5. To interview persons and examine hooks. documents and dossiers related tu the establishments; to collect and record necc ssary information, require perfom1ancc of profesi;ional work and provision of evidences for inspection and evaluation activities. Chapter V ORGANIZATION OF IMPLEMENTATION Article 14. Inspection and handling of violations I. Inspection TNAM lAW & LEGAL FORUM Issue nos 10-12/Novemher 2012 (C6ng Ba.onos{xi7.fx!&'Nol'ember 27.2012) OFFICIAL GAZETTE 35 a/ The general departments and line departments under the Ministry of Agriculture and Rural Development and provincial-level Departments of Agriculture and Rural Development (below referred to as inspection agencies) are assigned according to their respective functions and duties to fonn inspection teams to periodically or irregularly inspect safe vegetable, fruit and tea production. pre­ processing, processing establishments in accordance with the Law on Food Safety, the Law on Product and Goods Quality and guiding documents. b/ Safe vegetable, fruit and tea production, pre-processing, processing establishments arc subject to periodical or irregular inspections of the inspection agencies at central and local levels in accordance with law. 2. Handling of violations in the inspection process a/ When detecting an establishment that fai Is to meet any of the conditions specified in Articles 3, 4 and 5 of this Circular, the inspection team shall request the establishment to immediately remedy within a specific time limit; to report within 24 hours to the inspection agency for handling according to its competence; before continuing to bring the products to the market, the establishment shall notify it in writing to the inspection agency. If the establishment still continues its violation, within 7 (seven) working days from the date of conclusion on the violation. the inspection agency shall publicize on the mass media the name and address of the violating establishment. names of unconformable products and the level of their non-confo1mity. After the pub I ication in the mass media, if the violating establishment continues its viowl.Kln, the inspection agency shall propose a OORlpetent agency to handle it under the guidance ~t'Point c. Clause 2 of this Article and other regulations. b/ Upon detection of signs of unsafe food, the inspection team may take samples for testing. If the test results confirm that the pro<lucts do not meet food safety indicators as prcs~;ibed by the Ministry of Health, the inspection agchcy shall publicize these results in the mass mectfu;suspend ,,,, the production, pre-processing or processing of unconfom1able products in order to 1~edy the violation. Depending on the seriousnd;s of the violation. the inspection agency may propose a competent state agency to sanction).Jpder the guidance at Point c, Clause 2 of this ~rticlc and other regulations. c/ In case the establishment commits a serious violation or fails to remedy its violation after the publication in the mass media or commits the violation again after two consecutive inspections, its certificate may be revoked. Depending on the seriousness of the violation, the inspection agency shall propose a competent agency to impose an administrative sanction or examine penal liability according to regulations. 36 Article 15. Assignment of performance I. The National Agro-Forestry and Fisheries Quality Assurance Department a/ To direct and guide prcwincial-lnel Departmen·s of Agriculture and Rural Developmen, in granting certifi:ates of food safety eligibility for vegetable and fruit production, pr,>processing and processing or tea production ard processing establishments in accordance with this Circular. bl To participate in training VietGAP, standards and technical regular.icns for safe vegetable and fruit production, pre-processing and processing or tea production and processing establishments r.ationwide. cl To assume the prime responsibility for identifying causes and propose remedial measures when products fai I to meet food safety require men ts. cl/To organize the perfonnance of food safety inspection and monitoring tasks as as!:igned by the Minister or Agriculture and Rural Development. 2. The Department of Crop Production a/To guide the planning of consolidated safe vegetable, fruit and tea production zones nationwide; to direct the implementation of programs and projects to develop safe vegetables, fruits and tea; to submit to the Ministry for promulgation technical regui ations in safe vegetable, fruit and tea production and pre-processing. Issue nos 10-12/Novtrnbcr 2012 (Cong Baonolf/J7HJi.//No1 n 11/x.r:!7, ]DC) b/Toassume the prime responsibility for. and coordinate with relevant units in. de\cloping training programs on food safety in vcgctahle. fruit and tea production and pre-procc~ sing. c/To organize the performance of food sakty inspection and monitoring tash as assi 2,ned hy the Minister of Agriculture and Rural Development. 3. The Department of Proces-.ing an(I Trade of Agro-Forestry and Fi sherio, Products a Kl Sa It Production a/To submit to the Ministry for prornul;2,atirn1 technical regulations on conditions to assurL' food safety in safe vegetable. fruit anJ tea processing. bl To provide training in the standard~ and technical regulations on safe vegetable. frui1 and tea preservation and processing nationwidL. cl To organize the pcti'onnance of food safely inspection and monitoring tasks as assigned by the Minister of Agriculture and Rural Development. 4. The Department of Plant Protection al To provide training in and direct the application of integrated pest management ( 1PM and ICM) on vegetables, fruits and tea. and sai'c vegetable. fruit and tea production processes: bl To organize the performance of food safety inspection and monitoring tasks a'.; assigned by the Minister of Agriculture and Issue nos 10-12/Novembcr 2012 (Cong Bao11osM7-fxJ8/No\'elllber27, 2012} OFFICIAL GAZETTE 37 Rural Development. 5. The National Center of Agricultural Extension a/To take part in training in and popularization of safe production processes: b/ To provide public information to promote safe vegetable, fruit and tea production: c/ To develop demonstration models on establishments meeting food safety conditions for vegetable and fruit production, pre­ processing and processing or tea production and processing in key areas in order to encourage extension. 6. Provincial-level Departments of Agriculture and Rural Development a/ To submit to provincial-level People's Committees master plans on consolidated safe vegetable, fruit and tea production zones and investment projects to develop safe vegetable, fruilt and tea production in the localities. b/ To promulgate safe vegetable, fruit and tea production processes suitable to local specific conditions on the basis of relevant technical regulations. c/ To organize the grant of certificates of food safety eligibility for vegetable and fruit production, pre-processing and processing or tea production and processing establishments. di To direct, guide and inspect their specialized agencies authorized to grant certificates of food safety eligibility for vegetable and fruit production. pre-processing and processing or tea production and processing establishments. e/ To propose policies to encourage and support safe vegetable, fruit and tea production in their localities. fl To inspect and monitor food safety of vegetables, fruits and tea as assig~ by the Minister of Agriculture and Rural De~opment in their localities. g/ To organize and guide the trainln~ in and grant of certificates of training in foo.!-safety in vegetable, fruit and tea producflt'lrl, pre­ processing and processing in their lo~ties. h/ To examine and inspect safe vegetable. fruit and tea production, prc-procei'sing and processing activities in their localitie~:· i/ To publicize in the mass medi;rme list of establishments meeting food safety eiotlditions for vegetable and fruit productj.,Qn, pre­ processing and processing or tea prodm:tion and processing, and establishments wittll/ietGAP certificates. Article 16. Reporting regime I. Provincial-level Depart~nts of Agriculture and Rural Development shall report biannually and annually to the National Agro­ Fores try, Fisheries Quality Assurance Department on results of performance of the tasks specified in this Circular: summarize the list of certified establishments in their provinces. Reports must be submitted before June 15 and C VIETNAM • & LEGAL' UM 38 OFFICIAL GAZETTE Issue nos 10-12/Novembrr 2012 (Cong Bao11rn (IJUb':;;Nm rn ii n 27 },()f 2} December 15 every year. 2. The Derartment of Crop Production shall summarize a11d report biannually and annually to the National Agro-Forestry and Fisheries Quality Assurance Department on the management or vegetable. frnit and tea producti-and pre-processing:. 3. The-Department or Processing and Trade of Agro:i!oi·eslry and Fisheries Products and Salt ..,.II Producli(,olil,a5h,d I summarize and report biannually -and ann~y tu the National Agro-Forestry and FisherieS:X:,uality Assurance Department on the manage~nt of safe vegetable. fruit and tea processinsr. 4. R~d units shall report birnnually and ·-annuall:,...wJ the National Agro--Forestry and -Fisheriem.ual ity Assurance Department on the tasks assitned in this Circular. 5. The,"1'fati;mal Agro-Forestry and Fisheries ~ <.....- ., Quality,A-Mur,rnce Department shall summarize and reporr'tiannually and annually to the Ministry of Agricukure and Rural Development on the ,,. .. manage~nt of safe vegetable, fruit and tea --produ~. and make a list of certified establis~nts nationwide. Chapter Y1 IMPLEMENTATION PROVISIONS Article 17.Transitional provisions Certificates of eligibility for safe vegetable and fruit production and pre-processing and certificates of eligibility for safe tea prncessing granted he fore the eflccti \ e date ol th is ( 'ircu I ar continue t,l he valid until tlw e.\piry dalL' stated in these certificate~ .. Si.\ months hdrn\' tilL' said certificates expire. if wishing lo co11ti1 uc thL·ir operation. establishments shall appl) fur ceni ricatcs of food safety L'.I igibi I it1 Im\ ~gctahk and fruit production. pre-processing and processing or tea production ;ind procc\sing in accordance with this ( 'ircular Article 18. lrnplcmentatiun prm isicns I. This Circular takes cl'kct tlll DccL'lllher 24. 2012. 2. This Circular replaces Decision \io. <JC)/ 2008/QD-l3NN of Octoher 15. 2008. of tlw Minister of Agriculture and Rural [k\ cl, lpmcnt promulgating: the Regulation on management of safe vegetable. fruit and tea producli m and trading. and Article 2 of Circular No. , - '/20 I I/ TT-BNNPTNT of April Cl. 2011. alllL nding. supplementing and annulling a nurnhcr uf regulations on administrative procedure, in the field of cultivation under Decemhcr IS. 20 I() Resolution '.\lo. 57 /NQ-CP. 3. The National Agro-Forestry and Fd1erics Quality Assurance Department shall act as the focal point in monitoring, guiding and org: ni1:i11g the implementation of this Circular. Any difficulties arising in the cour:;e of implementation should be reported o the Ministry of Agriculture and Rural Develorment (the National Agro-Forestry and Fis'1crics ■ VIETNAM LAW & LEGAL FORU Issue nos 10-12/Novemher 2012 (Cong Bao11os(X)1.f168JNm,e111her27.2012) OFFICIAL GAZETTE Quality Assurance Department) for timely senlcment. For 1he Minister of' Agricul111rc 011d Rum/ De\'elop111e11! Deputy Minister HUI BA BONG 39