Decree No. 79/2008/ND-CP on the organizational system of management, inspection and assessment of food safety and hygiene

Issue nos 11·12iJuly 2008 (C6ng Baa nos 433434/August I, 2(08) TIlE GOVERNMENT OFFICIAL GA2ETTE Clwpter I GENERAL PROVISIONS • DECREE No. 7912OO8IND-CP OF JULY 18, 2008, ON THE ORGANIZATIONAL SYSTEM OF MANAGEMENT, INSPECTION AND ASSESSMENT OF FOOO SAFETYANO HYGIENE THI:~';GUV):!;.KNM):!;NT Pursuantto the December25, 20011.JJw on Organuanon oj the Government; Pursuant to the July 26, 200] Ordinance on Food Sqfety and Hygiene: Pursuant totheGovernment's Decree No.1881 2007/ND-CPoflsecember27, 2007, defining the junctions, tasks, powers and organizational structure0/the Ministry01Health; Pursuant to the Governments Decree No. 181 ZOO8iND-CP of April 17, 2008, defining the junctions, tasks, powers and organizational structure nfrl-w Min;~try nfT-Inmp A.fJnin;; Pursuantto theGovernments Decree No.01/ 20081ND-CP 0/January 3, 2008, defining the functions. tasks. powers and organizational structure a/the MinistryofAgriculture andRural Development; At theproposal oftheMinister ofilomeAffairs andthe Minister ofHealth, OECREES: Article 1.- Scope of regulation and subjects of application 1.ThisDecreeprovides for the organizational system ofmanagement, inspectionandassessment of foodsafelyand hygiene from cen~'" to local levels. 2. This Decree upplica to food safety and hygiene management, inspection andasressment agencies andorganizations as well asvernanese :md fnr~igJ) ogenc ie s , organizatlom: :and. individuals engaged in activities relatedto food. safety and hygiene. Article2.-Scope ofstate management offood safety and hygiene of ministries and People's Committees ofprovinces and centrally run cities 1. The Ministry of Health shall assist the Government in performing the uniform state man::teement of forxl safety and hygiene; assrume the prime responsibility for performing the food safety and hygiene state management of domestic and imported food 'Products circulated on the market; act as the standing member of the inter branch steering committee for food safety and hygiene atthecentral level aodtheViein'lmCodelt Alimemtarius Commission. 2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility forperfonning the food safety and hygiene state management of agricultural. forest and aquatic products and salt throughoee the course of food production from plantation, raising, © VltTNAM LAW 6. LeGAL rORUM 10 OFFICIAL GAZETTE Issue nos 11·121July 2008 ((:fjno R::in fI(lq 411-4.14/AlIgnqI1. ?008) harvest, fishing, slaughtering, preliminary processing, prOCf'""ing, radin,£:, preservation and transportation to domestic sale or export; and the safety and hygiene state management of the import temrorarvimrortfor re-exrcn, temporary export for re-irnport,border-gatetransfer,transit, or transportationthroughtheVietnameseterritory of. animals, plants and raw materials for raising, plantation and processing. 3. The Ministry of Industry and Trade shall ll.311UInC the prime rcsponaibihty for performing the food &tfety andhygienestatemanagementof food processing establishments under its management throughout the course of their production from the import of raw materials for processing, packing, preservation and rransporsasion to domestic sale or export. 4. The. Ministry of Science and Technology shall evaluate and announce national standards on food safety and hygiene, evaluate national technical regulations on food safety and hygiene for promulgationby linemanagement ministries; and participate in the assessment of food safety andhygene. 5. The Ministry of Natural Resources and Environment shall perform the environmental protection state management of food production and trading. 6. People's Committees of provinces and centrallyrun cities(belowcollectivelyreferred to as pruviuclal-Ievel Peuple'e Ccnunluccs) shall perform the state management of food safetyand hygiene in their localities according to law and the decentralization mechanism. Chapter II ORGANIZATIONALSYSTEM OF FOOD SAFETYAND HYGIENE MANAGEMENT Article 3.- Centralstate managementagencies of food safety and hygiene 1. The Ministry of Health's Food Safety and Hygiene Department shall advise and assist the Ministerof Healthin the state management, law enforcement and inspection of food safety and jlygiene nationwide within the Ministry's state management scope specified inClause 1,Article 2 or rhtsDecree and as assigned by the Ministry. 2. The Agricultural, Forest and Aquatic Product QualityControlDepartmentshallassume the prime responsibility for, and coordinate with concerned unitsof theMinistry ofAgricultureand Rural Development in, advising and assisting the Minister of Agriculture and Rural Development in the state management, law enforcement and inspectionof food safety andhygienenationwide within the Ministry's state management scope specifiedinGause 2.Article 2of thisDecree and as assignedby the Ministry. 3. The Ministry of Industry and Trade's ScienceandTechnologyDepartment shalladvise and assist the Minister of Industry and Trade in performing the state management of food safety andhygienenationwidewithintheMinistry'sstate management scope specified inClause 3,Article 2 of this Decree and as assigned by the Ministry. 4. The Ministry of Science and Technology's Directorate for Standards and Quelity shall advise © VIETNAM LAW& LEGAL FORUM Issue nos11·121July 2008 (('Ang Fao nos 4'J'J-434/Augusf 1, 2OJ8) OFFICIAL GAZETTE 11 and assist the MinisterofScience and Technology in performing the Ministry's tasks. nationwide within the Ministry's state management scope specified in Clause4,Articie 2 of this Decree and as assigned by the Ministry. 5. The Ministry of Natural Resources and Environment'sEnvironmentAdministration shall adv Ise atlU as~i:;lllie l'vIi..lHSlt~I"ufNawrdl Resources and Environment in performing the state managementofenvironmental protection related to food production and trading nationwide within me Ministry's state management scope specified in Clause 5, Article 2 of this Decree and as assigned by the Ministry. A1tU:le4.~ Agencies assisting provincial-level People's Committees in the state management of food safetyandhygiene 1. The Health Service: aJ To advise and assist the provinciat-level People's Committee in performing state management of food safety and hygiene in the provincial-levellocality Hr.r.nr(f!ng In IHw ~nrl the decentralization mechanism; to act as the standing member of the provincial-level inter-branch steering committee for food safety and hygiene: bl The Food Safety and Hygiene Sub Department under the Health Service shall assist the Health Service director in implementmz the law on, and conducting specialized inspection of, food safety and hygiene in the provincial-level locality. The Food Safety and Hygiene Sub Department is subject to professional guidance of the Ministry of Health's Food Safety and Hygiene Department; cI The provincial-level People's Committee shall specify the functions, tasks, powers, organizational structure and payroll of the Food Safety and Hygiene Sub-Department under the guidance of its superior state lIeency. 2. The Agriculture and Rural Devdopmem Service: af To advise and assist the proviusial-level People's Committee in performing thefoodsafety and hygiene state management of agriculture, forest, nshenes and salt production mthe provincial-level locality according to law and the decentralizationmechanism throughout1beccerse of their production from the Import of animals, plants, raw materials (used in raising plantation and processing), raising, plantation, harvest, fishing, exploitation, slaughtering, processing, preservation and transportation to domestic sale or exportof foods; bf The Agricultural, Forest and Aquatic Product Quality Control Sub-Department or Section under the Agriculture and Rural Development Serv.ice I>lJ<tll itl>I>UJJlC Ull~ pl1rnt: responsibility for, and coordinate withconcerned units under the Agriculture and Rural Development Service in, assisting tho Service director in implementing the law on, and conducting specialized inspection of, food safety and hvdene in theprovincial-levelloc.dliryan.-l i,c;: subject to professional guidance of relevant Departments of the Ministry ofAgriculture and Rural Development; cl The provincial-level People's Committee shall specify the functions, tasks, powers, organizational structures and pay-otls of the organizations specified at Point b of this Clause © VIETNAM LAW & LEGAL FORUM 12 OFFICIAL GAZETTE Issue nos 11·121July2008 (Gting R~n 00<: 4.1'1-4.141AlIg!l.~ 1, 'JOOR) under theguidanceof theirsuperiorstateagencies. 3.The Industryand Trade Service shalladvise and assist theprovincial-level People's Committee in perfonning the food safety and hygiene state management of local food processing establishments in the provincial-level locality according to law and the decentralization mechanism throughout the course of their production from the import of raw materials for processing, packing, preservation and transportation to domestic sale or export of products. 4. The Science and Technology Service: a/ To advise and assist the provincial-level People's Committee in implementing national standards andtechnical regulations onfood safety and hygiene in the provincial-levellocality; blThe Science and Technology Service's Sub Directorate for Standards and Quality shall assist the Service director in performing the task offood safety and hygiene in the provincial-level Iocality according to law and professional guidance ofthe Directorate for Standards andQuality. 5. The Natural Resources and Environment Service: aJ To advise and assist the provincial-level People's Committee in taking environmental control mcoaurca in food production and trading in the provincial-level locality; bl The Environmental Protection Sub Department under the Natural Resources and Environment Service shall assist the Service directorin conducting environmental control in food production and trading in the provincial-level locality according to law and professional guidance of the Environment Adminisrratirm Article 5.- Agencies assisting People's Committees of rural and urban districts, towns and provincially runcities in the state management offood safety and hygiene 1. Health Sections under People's Committees ofrural and urban districts, towns and provincially run cities (below collectively referred to as district level) shall advise and assist district-level People's Committees in performing the state management of food safety and hygiene in district-level localities. 2. DistrictAgriculture and Rural Development Sections and Economics Sections of districts, towns and provincially run citica shall advise and assist district-level People's Committees in implementing regulations on food safety and hygiene in the course of raising, plantation, harvest, fishing, slaughtering, processing, preservation and rransportarion to the sale offoods in district-level localities. 3. Natural Resources and Environment Sections shall advise and assist district-level People's Committees ill taking environmental control measures in food production and trading in district-level localities. Article 6.- Tasks and powers of food safety and hygiene state management of People's Committees ofcommunes, wards and townships (below collectively referred to as commune-level) I, To organize the implementation of food safcty and hygiene plans and programs in © VIETNAM LAW& LEGAL FORUM Issue nos 11·121July 2008 rr-lino RAnoos 4.1.1-4.14IAIJf)IJ.~t 1, /OO~l OFFICIAL GAZETTE 13 commune-level localities under the direction of district-level People's Committees. 2. To propagate, mobilize, examine and inspect the implementation of, the law on food safety and hygiene throughout the course of raising, plantation, slaughtering, processing, preservation, transportation, circulation and use of foods; and food hygiene on streets, in markets, lou/ist :o;itc.." eateries and restaurants, and during festivals in commune-level localities. 3. CulIlIUUII~-k:vd Ileilldl centers, verertnary workers, plant protection workers andholders of other related professional titles shall assist commune -level People's Committees in performing the food safety and hygiene task in commune-level localities under theguidance of their superior state management agencies Chapter III ORGANIZATION OFFOOD SAFFTV ANDHYGIENE INSPECTORATE Article 7.- Food safety and hygiene inspectorate of the health sector 1. The food safety and hygiene inspectorate under tfK; Pood Safety am] Hygiene Dt:vmI11Jr:1lt (below referred toas the Department Inspectorate) shall assist the DepartmentDirector in petfonning the ta sks and e xerc ining the powers of administrative and specialized inspection offood safety and hygiene within the Ministry ofHea1th's state management scope. 2. Contents subject to specialized inspection of food safety and hygiene: afThe satisfaction of standards and technical regulations on food safety and hygiene ofdomestic and imported foods circulated on the markp.t; bl The satisfaction of food safety and hygiene requirements ofhigh risk foods, foods preserved hy irradiation and limits ofirradiative levels; food produced using gene technology; food additives, food processing elements and foods directly affectinghuman health: clThe satisfaction of food safety and hygiene conditions for food processing, use and hygiene of restaurant.., hotels, supermarkets. c:oll~tivf' kitchens and street foods; dlThe observanceoffood safety an dhygiene conditions of estabfishmentc producing and trading functional, nutritive-increased and supplementary foods, food additives, natural mineral water and cigarettes; el Contents of food and food additive advertisement; fJ Food safety and hygiene assessmeer. 3. Organization of the Department Inspectorate: a/ The Department Inspectorate hasthe Chief Inspector, Deputy ChiefInspectors and inspectors. The Minister of Health may appoint rIislrniM and relieve from office the ChiefInspector at the proposalof theDepartmentDirector afterreaoIting agreement with the Chief Inspector of the Ministry. The Department Director may appoint, dismiss and relieve from office Deputy Chief Inspectors at the proposal of the Chief Inspector oftheDepartment. The appoinrment and dismissal of inspectors comply with law; bI Pursuant to the current law, the Minister-of Health shall specify the organization, payroll and © VIETNAM LAW & LEGAL FORUM 14 OFFICIAL GAZETTE Issue nos 11·121Ju!x2Q2! (r.iJnO RAn M<: d.1.'W.14!AI'Oli<:f 1, ?fYI8) work relations of the Department Inspectorate; prescribe the mechanism, policy.uniform.badge. insignia, signboard, forms and modes of inspection, and ensure technical means and equipment, for inspectors. Article 8.- Food safety and hygiene inspectorate in the agriculture and rural developrnem sector 1. The Agricultural, Forest and Aquatic Product Quality Control Department and a number Qfconcerneddepartmentsof theMinistry ofAgriculnrre and Rural Development may have their inspectorares (below referred to as the Department Inspectorates) to assist Department Directors III performing the tasks and powers of administrative and specialized inspection of food safety and hygiene within the Ministry's state management scope as assigned by the Ministry of Agricu1ture and Rural Development to the Depamnents. 2~ Corsznts subject to food safety and hygiene inspection in the agriculture and rural development sector: a/1he application of food safety and hygiene control systems. including Good Manufacturing Practices (GMP), Good Aquaculture Practices (GAP), Carle of Conduct (COC), Good Hygiene Practices (GHP) and Hazard.Analysis and Critical Control Point (HACCP), to production, processing and transportation, and other food safety and hygiene control systems; blResidues of antibiotics, toxic chemicals and agents causing diseases to animals and plants in agricultural, forest and aquatic products and salt before harvest and in preliminary processing, preservation, processing and transportation; control of animal slaughter and veterinary hygiene; clThe satisfaction of technical norms on food quality and safety, epidemic safety and environmental safety in production, preservation and processing before circulation on the market; t.lfIllt: sausracuon of food sarery ana hygiene conditions of establishments and areas rearing aquatic products, and harvest, procuring, transporting, proacrving, preliminarily processing and processing agricultural, forest and aquatic products and salt; ef Thepre-salecerrtrlcanonoffoodquaftry and safety for importedagricultural, forest and aquatic products and salt, domestic products for processing and export falling under the Ministry's slate management; fJThe grant of quarantine certificates to lots (Of potential disease-carrying living animals or plant and animal products for breeding or processing) to be exported, imported, temporarily imported for re-export, temporarily exported fm re-import, transited or regionally transferred, or to use the Vietnamese territory for transportation; the examination of the import or domestic production ofanimal feed, veterinary medicines, fertilizer, chemicals used in the raising and plantation of agricultural. forest and aquatic products and salt according to the decentralization mechanism. 3. Orgaulzaucn of e Deparuuem Inspectorate: aI A Department Inspectorate has the Chief Inspector, Deputy ChiefInspectors and inspectors. The Minister of Agriculture and Rural © VIETNAM LAW & LEGAL FORUM Issue nos11-121July 2008 (03nO Ban 1J(l~ 4.?U14lAII(]IJ.~t 1, JOOR) OFFICIAL GAZETTE 15 Development may appoint, dismiss and relieve from office the Chief Inspector at the proposal of the Department Directorafter reaching agreement with the Chief Inspector of the Ministry. The Department Director may appoint, dismiss and relieve from office Deputy Chief Inspectors at the proposal of theChiefInspector of theDepartment. The appointment and dismissal of inspectors comply with law; bI Pursuant to the current law, the Minister of Agriculture and Rural Developmentshall specify the organization, payroll and work relations of a Department Inspectorate; prescribe the mechanism, policy, uniform, badge, insignia, signboard, forms and modes of inspection, and ensure technical means and equipment, for inspectors. Arlicle 9.-Tasks and powers ofaDepartment Inspectorate 1. To participate in the formulation of legal documents on food safety and hygiene assurance and inspection, settlement of complaints and denunciations and anti-corruption work. 2. To scrutinize, and.propose amendments to and supplementation of. food safety and hygiene regulations. 3.To inspect the observance offood safety and 11ygtene regulations. 4. To decide on administrative sanctioning in the domain of food safety and hygiene according to law. 5. To provide professional guidance and training in food safety and hygiene for food safety and hygiene inspectors at all levels; to propagate and disseminate the State's IpB~1 noclfmentll related to food safety and hygiene assurance. 6. To receive citizens and prevent and fight corruption m the Department according to regulations. 7. To inspect other cases as assigned by the Department Director; to perform other tasks and exercise other powers according to law. Anide 10.- Tasks andpowers ofaI:leparlmlnt Chief Inspector 1 To lead and direct inspection operaticos under the Department's statemanagement. 2. Toformulate inspection programs and plans, submit them to competentauthorities to-approval and organize their implementation. 3. To propose the Department Director to consider and suspend, or propose to a competent person tosuspend illegal acts related tofoodsafety and hygiene committed by agencies,OfgMizations and individuals according to regulations when having sufficient grounds to determine that these acts cause damage to state interests, or Jawfu.l rights and interests of citizens, or obstruct inspection work. 4 To make inspection eondm:iom,: R~trMviTlg inspection reports of inspection delegations, and propose the Department Director to decide on post-inspection handling. 5. To assist the Department Director in monitoring, examining and urging the implementation of inspection coucluslous, © VIETNAM LAW & LEGAL FORUM 16 OFFICIAL GAZETTE Issue nos 11.12JJuly 2008 (C6ng Bilo »cs 433-434/August 1,20(8) proposals and decisions of the Department Inspectorate and other related agencies 6. To decide on administrative sanctioning in the domain of food safety and hygiene according to law. 7. To propose the Department Director to M-ntill". inspection-relatedmatters.Toreport to the Ministry's Chief Inspector on inspection operations, settlement of complaints and denunciations, and anti-corruption work within his/her scope of responsibility. 8. To perform other tasks and exercise other powers according to law. Articf&.l1.- Inspectorates of Sub-Departments I. Food SafetyandHygieneSub-Departments under Health Services may have their inspectorajes to assist Sub-DepartmentDirectors inperformmginspectiontasxs andpowers within the ambit of the Sub-Departments' tasks and powers. 2. Agricultural, Forest and Aquatic Product Control Sub-Departments and a number of concerned Sub-Departments under Agriculture and Rural Development Services may have their Inspectorates to assist Sub-Department Directors in performing inspection tasksand powers within theambit of Sub-Departments' tasks and powers. The Inspectorates of Agriculture and Rural Development Services that do not set up Sub Depanments shall conduct specialized iuspecricu of food safety and hygiene. 3. The Inspectorate of a Sub-Department has the Chief Inspector, Deputy Chieflnspectors and inspectors, Holders of these titles are appointed \ n di<;mi<;<;{'.d acccrdieg tCl taw 4. The Inspectorate of a Sub-Department is subject to the DepartmentDirector's direction and simultaneously to the direction and professional guidance of the Department Inspectorate and Service Inspectorate. 5.The Service Director may decide to establish the Inspectorate of a Sub-Department at the proposal of the Sub-Department Director after reaching agreement with the Chief Inspector of the Service. Article 12.- Tasks and powers of the Inspectorate ofa Sub-Department 1. To inspect agencies, organizations and individuals in observing technical processes, regulations and norms, and foodproduction and trading conditions under the Sub-Department's stale management domain. 2. To impose administrative sanctioning according to law. 3. To assist the Sub-Department Director in guiding and settling complaints and denunciations falling under the Sub-Department Director's competence according to the law on complaints and denunciations; preventing and fighting corruption falling under the Sub-Department's management. 4.To report on results of inspection, complaint and denunciation and settlement, and anti corruption work falling under the Sub Department's management scope according to law. © VIETNAM LAW & LEGAL FORUM Issue nos11-121July 2008 (rIma BAnno.~ 4.t1-4:WAIl(7!1.~t 1, :¥N1R) OFFICIAL GAZETTE 11 5. To inspect other cases as assigned by the Service Director or Sub-Department Director. Article 13.- Tasks and powers of the Chief Inspector ofa Sub-Department 1. To direct the inspection of food safety and hygiene under the Sub-Department's management. 2.Toformulate inspection plans, submit thern to competentauthorities for approval and organize their implementation. 3. To propose the Sub-Department Director for further proposal to the Service Director to decide on inspection when detecting signs of violation in the domain under the Sub Department's management. 4. To impose administrative sanctioning according to law. 5. To report: to the Sub-Department Director and Service Director on inspection operations, complaint and denunciation settlement, and anti corruption work within the ambit of his/her responsibility. Article 14.- Inspectors I. An inspector is a public employee in a food safety and hygiene inspection agency who is appointed to the inspector rank to conduct administrative and specialized inspection. Public employees having professional qualifications on food safety and hygiene who have been trained in inspection work and meet prescribed criteria may be appointed to be inspectors. 2. An inspector shall perform tasks and exercise powers specified in Articles 40 and 50 of the Inspection T.aw and other tasks ami f'IOWP.I'l according to law. 3. An inspector may be recruited, appointed, dismissedandgrantedanmspectorcardand enjoy regimes and policies according to law. 4. 1n addition to seneral provisions on conditions and criteria on inspectors under the Inspection Law and theGovemment'sDecreejsc, l00l2007/ND-CP offune 13,2007,on inspectors and inspection collaborators, an inspector must satisfy other conditions and criteria suitable to a branch and domain asprescribed by theMinister ofHealthor the Minister ofAgriculture and RmaI Development. Article 15.- Inspection collaborators 1. An inspection collaborator is a person assigned to conduct inspection at the request ofa Chief Inspector at any level or the head of a competent state agency. 2 An inspt:"'.c.tinn collaborator must possess political qualities; be responsible, honest, Ql:;ectiVe and fair; and have professional qualifications and skills suitable to the inspection assignment 3. An inspection collaborator may enjoy regimes and policies specified in Article 190fthe Government's Decree No. lOOI2007!ND-CP of June 13, 2007, on inspectors and inspection collaborators, and other relevant legal documents. Article 16.- Pilot organization of food safety and hygiene inspectorates of district, and commune, ward and township levels The Ministry of Home Affairs shall assume © VIETNAM LAW& LEGAL FORUM 18 OFFICIAL GAZETTE Issue nos 11·121July 2008 (COno Baonos 433-434lAuaust 1. 2008) the prime responsibility for, and coordinate with the Ministry of Health and the Ministry of Agriculture and Rural Development in, formulating and submitting to thePrimeMinister in 2009 a draft decision on the pilot establishment offood safetyandhygieneinspectorates ofdistrict, andcommune, ward andtownship levels inHanoi, Ho Chi Minh City and a number of other provinces and centrally run cities. Chap/erIV ORGANIZAllUNALSYSTl<MU»UUU SAFETY AND HYGIENE ASSESSMENT Arlick 17.- Organizational system of food safety and hygieneassessment L To establish the National Institute for Food Safety and Hygiene Assessment under the Ministry of Health on the basis of the Center for Food Safety and Hygiene Testing under the NutritionInstitute. The National Institute for Food Safely and Hygiene assessment shallperform thearbitration task and evaluate the capacity of food safety and hygienetesting laboratoriesnationwide; assessthe food safety and hygiene in the northern region; test complex and complicated norms which fall beyond technical capabilities of localities; train in, coach, direct and guide food safety and hygiene assessment tecnntques and evaluanon of food safety and hygiene risks. 2. To establish regional centers for food safety and hygiene assessment nationwide, mitially regional centers for food safety and hygiene assessment according to Point b, Gause 2, Section II of the Govemmem's acuou l-'lUgIaIll tu implement the Politbureau's Resolution No. 46/ NQ-TW ofFebruary 23, 2005, on the protection, care and improvement of people's health in the new situation, promulgated together with the Prime Minister's Decision No. 243/2005/QD TIg of October 5,2005. 3. Assessment centers and testing laboratories under the Miniatry of Agriculture ond Rural Development and the Ministry of Science and Technology shall conduct slate examination and assessment of foorl safety and hygiene: provide assessment services for organizations and individuals within the Ministry's management scope. 4. Testing laboratories of preventive health centers, assessment centers for pharmaceuticals, cosmetics and food safetv and hygiene WIder Health Services, testing laboratories of district level health centers, if fully meeting prescribed requirements, may conduct assessment in service of the state management of food safety and hygiene and provide assessment services (or organizations and individuals. 5.Assessmentcenters and testing laboratories of scientific research institutes, universities, academies and colleges and prtvate testtng laboratories satisfying prescribed standards may provide food safety and hygiene assessment services for organizations and individuals. ChapterV RESPONSIBILITIES OF MINISTRIE.'5, MlNISTERlAL-LEVELAGENCIESAND PROVINCIAL-LEVEL PEOPLE'S COMMITTEES © VIETNAM LAW & LEGAL FORUM Issue nos 11·121.h1lv 2003 (GOng ilio nos43:J-4j4IAugu~t 1,2(00) OFFICIAL GAZETTE 19 Article 18.- Responsibilities of ministries 1.The Ministry of Health shall: af Propose the Prime Minister to decide on rhe establishmentof the National Institute forFood Safety and HygieneAssessment under Clause 1, Article 17 of this Decree; hI Decide to establish accordiug to its competence and define the functions, tasks, powers, organizational structuresand payrollsof regional centers for food safety and hygiene assessment according to Clause 2, Article 17 of this Decree; cI Provide professional guidance for Pood Safety and Hygiene Sub-Departments under HealthServicesandcadres,publicemployeesand servants offood safety and hygiene management, inspectionand assessment; dIPrescribeconditions onmaterialfoundations and equtpment; crnena on cadres and servantsof organizationspermitted to provide foodsafetyand hygiene assessmentand testing services; eICoordinate withtheMinistryof Financeand concerned agencies in working out a financial mechanism for the rnanagement, examination, inspection and assessment of food safety and hygienefortheMinistry ofFinancetopromulgate according to its competence, or submit to the Prime Minister fur promulgation; fl Assume the prime responsibility for, and coordinatewith theGovernmentInspectorate and the Ministry of Home Affairs in, providing professional training ininspectionworkforcadres and public employeesof food safety and hygiene management, examination and Inspection organizations nationwide. 2. The Ministry of Agriculture and Rural Developmentshall: aJ Provide professional guidance for Sub Departments or Sections ofAgricultural,Forest and Aquatic Product Quality Control and a number of Sub-Departments related to food safety and hygiene underAgriculture.and Rural Development Services, and cadres. public employees and servants of food safety and hygiene management, inspection and assessment. b/ Prescribe the management of a~sgmf'.nt operation of testing organizations of the agricultureand rural developmentsector. 3. The Ministry of Industry and "1 fade shall: atAssume the prime responsibility for, and coordinatewith theMinistryofHealthin, guiding market management boards and enterprises in observing the law on foodsafety and hygiene in markets; bl Guide and direct market control organizations at all levels in coordinating with specialized state management organizatiors in examining and inspecting the observance of the law on food safety and hygiene. 4. The Ministry of Science and Tcdmology shall guide the Directorate for Standards and Quality in coordinating with specialized state management agencies in observing nctional standards and technical regulationson food safety and hygiene. 5. The Ministry of Natural Resources and © VIETNAM LAW &LEGAL FORUM 20 OFFICIAL GAZETTE IO:'iI~ nnl:.11-12/Juty 2008 (Cong EJijo nos 433-4J41August 1, I1XJ8) Environment shall direct the Environment Administration III organizing the implementation of the law and policies on environmental protection in food production and trading. 6. The Ministry of Finance shall: aJ Assume the prime responsibility for, and coordinate with the Ministry of Health and concerned ministries in, formulating and promulgating according to its competence, or submitting to thePrime Minister forpromulgation, the financial mechanism for the management, inspection-examination andassessment of food safety and hygiene; hi Direct the General Department ofCustoms incoordinating with specialized state management organizations incomplying with thelawonfood safety and hygiene for animals, plants, foods and food additives to be imported, exported, temporarily imported for re-export, temporarily ~Yfll)rtprl -for re.irnporr or rranstred or tn use Vietnamese territory for transportation. 7. TheGovernment Inspectorate shall assume the prime responsibility for, and coordinate with the Ministry of Health in, guiding the uniform, badge, signboard, insignia, inspe:ctorcard and the orderot and procedures tor apporntmg toad satety and hygiene inspectors. 8. The Ministry ofHome Affairs shall allocate food safety and hygiene administrative payrolls to ministries and provincial-level People's Committees after being approved by the Prime Minister. Article 19.- Responsibilities ofprovincial-level People's Committees 1. To consolidate the organization of management, inspection and assessment of food safety and hygiene in the provincial-level locality according to this Decree. 2. To ensure payrolls for local organizations to perform the food safety and hygiene task. 3. Th ulrecrVIofessiunal agencies vfVIVYIuclal level People's Committees and district- and commune-level People's Committees in implementing this Decree end other relevant laws on food safety and hygiene falling under the local management. Chap/erVl IMPLEMENTATION PROVISIONS Article 20.- Implementation effect 1. This Decree takes effect 15 days after its publication in "CONG BAO." 2. To annul all previous provisions which are contrary to this Decree. Article 21.- Implementation responsibilities Minietcre, heads ofministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree. On behalfof/he Government Prime Minister NGUYEN TAN DUNG © VIETNAM LAW & L~GAL FORUM