Law No. 55/2010/QH12 on Food Safety

Issuenos04-06/September201 0 OFFICIAL GAZETTE (Gong Baanos 564-565'Seplember 25,2010) 5 THE PRESIDENT Order No. 06/20101L-CTN of June 28, 2UlU, on the promulgation of law THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM Pnrsuant to Articles 103 and 106 ofthe 1992 Constitution of the Socialist Republic ofvietnam. which was amended and supplemented under Resotution No. 5112001lQHI 0 of December 25, 200 1. of the X'" National Assembly. the 10'" sess ion; Purs uant to Article 91 of the Law on Organization of the National Assembly; Pursuan t to Articl e 57 of th e Law on Promulgation of Legal Documents , PROMULGATES: the Law on Food Sa fety, which was passed on June 17, 2010. by the XII"' NationalAssembly of the Socialist Republic of Vietnam at its 7"' session. President of the Socialist Republic of Vietnam NGl IYEN MINH TRIET Law on Food Safety (No. 55120101QH12) Pursuant to the 1992 Const itu tion of tlte Socialis t Republi c of Vietnam , whi ch lVas amended and supplemented under Resolution No. 511200lIQ H10; The National Assembly promulgates tlte Law on Food Safety. Chapter I GENERAL PROVISIONS Ar ticle 1. Scope of regu lation This Law provides for rights and obligations of organizations and individuals in assuring food safety; conditions for assuring safety of foods and food product ion. trad ing. import and export; food advertisement and labeling; food testing; food safe ty risk analysis; prevention. stopp ing and remedyi ng of food safety incidents; food sa fe ty informati on , education an d communication; and responsibilities for state managemen t of food safety, Ar ticle 2. Interpretation of terms In this Law. the terms below are construed as follows: I. Food safety means the assurance that food does not cause harm to human health and life. 2. Food-borne disease means a disease caused by eating or drinking a food contaminated with pathogens. 3. Food processing aid means a substance which is intentionally used ill the processing uf food materials or food ingredients in order to ac hieve a technological purp ose and can be removed from or remains in foods. 4. Food processing means a pr oces s of preparing picliruinar ily processed food or fresh and raw food by an industrial or manual method to create food materials or food products. 5. Catering service establishment means a food-prepa ring fac ility. such as shop or stall trading in ready-to-ear food and cooked food. I; "!I" )' tt" II 6 OF FICIAL GAZETTE Issuenos 04·06/September201 0 (Cong BaG nos564·565/September25, 2010) restaurant, facility preparing ready-to-eat food portions. canteen or collective kitchen. 6.Conditions forfoodsafetyassurancemeans technical regula tions and other regulations applicable to food. food producers and traders and food production and trading activities promulgatedby competent state agencies tor the purpose of assuri ngfoodsafety for human health anil life. 7. Food testing means the conduct of one or several tests and assessments of the conformity with relevant technical regulations andstandards of food, food additives, food processing aids. food forti fier s. packa ges. tools and food containers. 8. Food trading means the conduct of one, several or all activities of food disp lay, preservation service, transportation service or trading. 9.Food product lot means a specified quantity of a type of products bearing the same name. of the same quality, ingredients and shelf life. and produced by the same producer. 10.Foodpoisoningmeans a pathological state caused by absorbing contaminated or poisonous food. II. Food contamination risk means the possibility that contaminants infiltrate intoa food ill Lin: CUUl ~e of production or trading . 12. Food contamination means the presence of contaminants in food which are harmful to human health or life. 13. Food additive means a substance with or without nutnnous value, which is intentionally added to food in the process of production in orde r to retain or improve partic ular characteristics of food. 14. Food production means the conduct of one, seve ral or all activities of CU ltivation, rearing, harvest . fis hing, ex ploita tion, preliminary processing, process iug. pac kag ing and preservation in order to make food. 15 Primary production m?A1nSthe conduct of one, several or all activities of cultivation, rearing. harvest, fishing and exploitation. 16. Preliminaryprocessing of food means the treatm ent of cult ivated, reared, collecte d, harvested. fished or exploited products in order to make ready-to-eat freshandrawfood ora food material or semi-finished products for the food processing stage. 17. Food safety inc ide nt means a circumstance occurring due to food poisoning, a food-borne disease or another food-induced circumstancewhich is directlyharmful to human health or life. 18. Contaminant means an element which is unwanted and unintentionally added to food and likely to adversely affect food safety. 19. Shelf life means the period before theend of which a food still retains its nutritious value and remains safe under the preservation condi tions indicated on its label under the producer' s guidance. 20. Food means a product eaten or drunk by humans in freshand raw. preliminarily processed. processed or preserved form. Food excludes cosmeti cs, c igurc ues and substances used as pharmaceuticals. 21. Fresh and raw food means unprocessed food, including fresh meat, eggs, fish, aquatic products, vegetables, tubersand fruits and other unprocessed foods. 22. Micronutrient-fortified food means food supplemented with vitamins. minerals and trace elements in order to prevent or remedy the harm caused by the deficiency of these substances or elements 10 the health of the community OJ a Issue nos 04-06/September2010 (Gong Baa nos 564-565/September 25, 2010) OFFICIAL GAZETTE 7 particular group in the community. 23. Functional food means a food used to support a function of the human body, relax the body, boost the immunity against diseases. including supplements, health protection food and medical nutritious food. 24. Genetically modified food means a food containing one or several ingredients which have been genetically engineered. 25. Irradiated food means a food which has been irradiated by a radioactive source to treat the food, preventing it from degeneration. 26. Street food means a food processed for instant consumption and sold by vendors on streets or in public or similar places. 27 . Prepackaged food mean s a food completely packaged and labeled, ready for sale for further processing or instant consumption. 28. Tracing of food origin means thetracking down of the creation and circulation of food. Article 3. Princi pl es o f food sa fe ty management I. To assure food safety is the responsibility of all food producers and traders. 2. Food production and trading are conditional activities; and food producers and traders shall bear responsibility for the safety of food they produce or trade in. 3. Food safety management must be based on relevant technical regulations and regulations promulgated by competent state management agencies and applicable standards announced by producers. 4. Food safety managementmust be conducted throughout the course of food production and trading on the basis of food safety risk analysis. 5. Food safety management must ensure a clear div ision of responsibiliti es and powers and inter-sector coordination. 6. Food safety managemen t must meet requirements of socia-economic development. Article 4. State policies On food safety I. To elaborate strategies and master plans on food safety assurance. regarding the planning of zones for safe food production according to the food supply chain as a priority key task. 2. To use state resources and other resources to invest in scientific research and technological application to serve food safety risk analysis; to build new laboratories and upgrade some existing ones up to regional or international standards; to raise the capacity of existing analysis laboratories; to suppor t investment in building zones produci ng safe food materials, wholesale markets for farm produce and food, and industrial-scale cattle and poultry s laughterhouses. 3. To encourage food producers and traders to renew technologies and expand their production; to produce high-quality and safe foo d; to fo rt ify food with essent ial micronutrients; to build their brands and develop their safe food supply systems. 4. To establish a legal framework and realize a roadmap for compul sory application of good manufacturing practices (GMP). good agricultural practices (GAP), good hygiene practices (GRP) and hazard analysis and critical control points (RACCP) and other advanced food safety management systems in food production and trading. 5.To undertake international cooperation, step up the conclusion of treaties and international agreements on accreditation and mutual recogrunon in the field 01 food. 6. To promptly co mme nd and reward organizations and individu als that produce or . -- .. - - --- --- .~ 8 OFFICIAL GAZETTE Issue nos 04·06/September 2010 (Gong Baa nos564-5651Seplember 25,2010) trade in safe foods. 7. To e nco urage nnd create co nditions for domestic societies, assoc iations. organizations and individuals and foreign organizations and individuals to invest or participate in the elaboration of standards, technical regulations and testing of food safety. 8. To increase investment in and diversify forms and methods of public information and educatio n to raise public awareness about the consumption of safe food, sense of responsibility aud business ethics of food producers and traders towards the community. Article 5. Prohibited act, I. Using for food processing purposes materials other than those permitted for UE::e in food. 2. Using food materials which have passed their shell life, are of unclear origin or unsafe for food production and processing. 3. Using food additives or food processing aids which have passe d their shelf life or are outside the list of rhose permitted for IlS~ or using permitted additives or food processing aids in excess of allowable dosages; using chemicals of uncl ear origins or banned chemicals in food production or trading . 1. Us ing animals which died of diseases, ep ide mics or unidenti fied causes or animal ca rcasses subject to dest ructi on for food production or trading . 5. Producing or trading in: al Food breaching regulati ons on goods labeling; bl Food unconformabl e wit h releva nt technical regulations; cl Degenerated food; dl Food containing toxic or hazard ou s suhsta nces or co ntami nated with tox ins or contam inants in excess of allowable limits; el Food which is contaminated for the reason that their packages or containers are unsafe, bro ken, torn or de formed in the course of transportation; fl Meat or meat products which have not yet gone through veterinary inspection or have gone through veterinary inspection but fail to meet requirements; gl Food banned from production or trading for the purpose of epidemic prevention and combat: hI Food for which regulation conformity declarations have not yet been registered with competent state agencies in case such food subject to regulation conformity declaration registration; il Food which is of unclear origi n or has passed its shelf life. 6. Using vehicles which can cause food contamination or vehicles which have transported toxic or hazardous substances but not yet been cleaned up for transporting food materials or foods 7. Supplying untruthful or forging food testing results. 8. Covering up, falsifying or obli terating scenes or evidence of food safety incidents or committing other acts of intentionally obstructing the detection and remedy of food safety incidents. 9 . Employing per son , infect ed with contagious diseases in food production or trading. 10. Produci ng or trad ing in foo d at establishments without cert ificates of satisfaction of food safety conditions prescribed by law. Issue nos 04·06/September 2010 OFFICIAL GAZETTE (Cong BaD nos 564-565lSeptember 25, 2010) 9 11. Advert ising food un tru thfully o r confusingly to co nsumers. 12 . Publishing or p ub lic ly notifying misleading information on food safety. thus causing public disparagement or damage to food production and trad ing. 13. Usin g illegally ro adbeds, pavements. corridors or common yards, passageways and auxiliary spaces for street food processing, producing or trading. Article 6. Handling of violations of the law on food safety 1. Food producers and traders that violate the law on food safety shall , depending on the nature and severity of their violations, be admini st ratively handled or examined for penal li ability. If cau sing damage. they sha ll pay compensations and remedy consequences under law. 2. Pe rsons who abu se the ir po sitions and powers to violate this Law or other regulati ons on food safety shall, depending on the nature and severity of their violations, be d isciplined or examined for penal liability. If causing da mage, they shall pay compensations under law. 3. Fines fur aumiulsuative violations specified in Clause 1 of this Article comply with the law on handling of administrative violations. In case the highest fine prescribed by the law on handling ofadministrative violations is lower than 7 times the value of the violating food, a higher fine not exceeding 7 times the value of the violating food may be imposed. Money amounts earned from vio la tion s shall be confiscated under law. 4 . The Go vern ment sha ll specify administrative violations in the field of food safety mentioned in this Article. and forms and level s of sanctioning of these violations. Chapter II RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS IN ASSURI NG FOOD SAFETY Article 7. Rights and obligations of food producers 1. Food producers have the followin g rights: a/ To decid e on and announce standards of products they produce and supply; to decide 011 appli cation of internal control measures to assure food safety; bl To request food traders to cooperate in recalling and disposing of unsafe food; cl To select conformity assessment organizations and test ing establishments already designated to certify regulation conformity; dl To use standard conformity 'stamps and regulation conformity stamps and other marks for their products under law ; el To lodge complaints and denunciati ons and file lawsuits under law; fl To get compensations for damage under law. 2. F ood pr oducers hav e th e fo ll owing obligations: a/ To comply with conditions for food safety assurance, assure food safety in the process of production, and take responsibility for the safety of food they produce ; bl To comply with the Government's regulations on fortification of micronutrients the defici en cy of which will affect co m munity health; cl To provide adequate and accurate information on products on their labels and 10 OFFICIAL GAZETTE Issue nos04·06/Seplember 2010 (Gong Beonos 564·5651Sepfember 25,2010) packages or in documents accompanying food under the law on goods labeling; dl To establish a self-inspection process in the course of food production; el To provide truthful information on food safety; to give timely. adequate and accurate warnings about the.risk of food to become unsafe and provide preventive methods for sellers and consumers; to notify requiremen ts on the transportation. storage. preservation and use of food; fl To promptly suspend food production, notify concerned parties of and take consequence remedies upon detectin g unsafe food or food unconformable with announced standards or relevant technical regulations; gl leo keep dossiers, food samples and necessary informati on und er regulations on tracing offood origin; to comply with regulations on tracing of origins of unsafe foods underArticle 54 of this Law; hi To recall and dispose of food which has passed their shelf life or are unsafe. In case foods are to he destroyed. the food destruction must comply with the law on environmental protection and other relevant laws and food producers shall bear all expenses for destruction ; il 'Fa comply with law as well as, inspection or examination decisions of competent state agencies; jI To pay sampling and testing expenses as prescribed in Article 48 of this Law; kl To pay compensations under law for damage caused by unsafe food they produce. Article 8. Rights and obligations of food traders 1. Foods traders have the following rights: a/ To decide on internal control measures to maintain food quality, hygiene and safety; bl To request food producers and importers to cooperate in recalling and disposing of unsafe fuutl; cl To select testing establishments to inspect food safety; to select testin g establishments already designated for certification of regulation conformity for imported food; dlTo lodge complaints and denunciations and file lawsuits under law; e/ To get compensations for damage under law. ?. Foods trad ers have the f o ll o wing obligations: a/ To comply with conditions for food safety assurance in the course of trading and take responsibility for the safety of food they trade in; bl To inspect food origins and label s and documents related to food safety; to keep dossiers on food; to comply with regulations on tracing of origins of unsafe food under Article 54 of this Law ; cl To supply truthful information of food safety; to notify consumers of safety assurance conditions in the course of food transportation, storage, preservation and use; d/ To promptly provide information on risks of food to become unsafe and methods of risk pr even tion to co nsumers upon re ceivi ng warnings of food producers or importers; el To promptly suspend their trading operation and inform food producers or Importers and consumers of unsafe food upon detecting such food; fl To promptly report to a competent agency on a food poisoning or a disease borne by foods 7 ,. Issue nos 04·06/September2010 OFFICIAL GAZETTE (Cong Beonos 564·5651Sepfember 25, 2010) 11 they trade in and promptly remedy its consequences upon detecting it; gl To co opera te with food producers and im porters and competent state agenc ies in investigating food poisoning cases in order to remedy consequences, recall or dispose of unsafe food; hi To comply with law as well as inspection or examination decisions of competent state agencies; il To pay food sampling and testing expenses as specified in Article 48 of this Law; j/ To pay compensations under law for rfnmnep. rnnsed hy unsafe fnod they trade in. Article 9. Rights and obligations of food consumers J.Food consumers have the following tights: a/ To be provided with truthful information On food safety. and appropriate instructions for food use, transportation. storage, preservation. selection and use; to be informed of risks of food to become unsafe and methods of risk prevention upon receivin g warnings: bl To request food producers and traders to protect their interests under law; cl To request consumer interest protection organizations to protect their lawful rights and interests under the law on consumer interest protection; d/ To lodge complaints and denunciations and file lawsuits under law; el To get compensations under law for their damage caused by consumption ot unsate tood. 2 . Food co nsume rs hav e the following obliga tio ns : al To fully co mply with regulations and guidance offood producers and traders on food safety in transportation. storage. preservation and use; bl To promptly provide information on risks of food to become unsafe upon detecting these risks, and report food poisonings and food-borne diseases to the nearest People's Committee . medi cal e x ami na tion anti t reauueut establishments, competent state agencies and food producers and traders; cl To comply with the law on environmental protection in the course of food consumption. Chapter llf FOOD SAFETY ASSURANCE CONDITIONS Article 10. General conditions on food safety assurance 1. Toconform with relevant technical regula tions, to meet limit requirements for pathogenic microorganisms. residues of plant 'protection dru gs or veterin ar y dru gs, heavy meta ls . contaminants and other substances III food that may cause harm to human health and life. 2. Depending on each type of food, in addition to the conditions specified in Clause I of this Article, food must comply with one or more of the following regulations: a/ Regulations on use of food additives and processing aids in food production and trading; bl Regu lauons 011 food packaging and labeling; r./ Regulations on food preservation . Article 11, Safety assurance conditions for fresh and raw food 1. To meet the conditions specified in Article J0 of this Law. it 12 OFFICIAL GAZETTE Issue nos 04-06/September2010 (Gong Baonos 564-565/September 25, 2010) 2. To guarantee the origin tracing under Article 54 of this Law. 3. To have veterinary hygiene certificates issued by competent veterinary agencies forfresh and raw food of animal origin under the animal health law. Article 12. Safety assurance conditions for processed food 1. '10 meet the conditions specified inArticle 10 of this Law. 2. Original materials of food must be safe and retaintheirinherent properties. Materials forming a food must not interactwithoneanother tocreate products harmful to human health and life. 3. Prepackaged processed food must have regulation conformity announcements reg istered with competent state agencies prior to market sale. The Governmentshallspecify the registration of regulation conformity announcements of prepackaged processed food and their validity term. Articlc 13. Safety assurance conditions for micronutrient-fortified food 1. To meet the conditions specified inArticle 10 of this Law. 2. Originalmaterials of food must be safeand retain their inherentproperties.Materials forming a foodmust notinteract withone another tocreate products hauuful to human health and life. 3. Only micronutrient s being vitamins. minerals and trace e lements on the Min ister of Health's list may beadded to food with a content unharmful to human health and life. Article 14. Safety assurance conditions for functional foods 1.To meet the conditions specified in Article 10 of th is Law, 2. To have sc ientific information and documents provingthe effects of theiringredients that create the announced functions. 3. Functional foods which are first put on market sale mu st have a report on testing of thei r effec t, 4. The Minister of Health shall specify the management of functional foods. Article 15. Safety assurance conditions for genetically modified food I. To meet the conditions specified inArticle 10 of this Law. 2. To comply with the Gove rnment' s regulations on safety assuranc e for human health and the environment. Art icle 16. Safety assurance conditions for irradiated food 1. To meet the conditions specified in Article 10 of this Law. 7.. Tn he on the list of food permitted for irradiation. 3. To meet regulations on irradiation doses. 4. The Minister of Health, the Minister of Agriculture and Rural Development and the Minister ofIndustry and Trade shall promulgate lists of food permitted for irradiation and a llowable irradi ation rlOI'P.~ for food in the ir assigned management domains. Artic le 17. Safety assurance conditions for food additives and processing aids I Tn confor m with relevant technical regulations, to comply with regulations on food additives and processing aids. Issue nos 04·06/September 2010 OFFICIAL GAZETTE (Gong Bao nos 564-5651September 25, 2010) 13 2. To have use instructions written on their la bel s or in serts in e ac h product unit in Vietnam ese and another language depending on the origin of products. 3. To be on the Minister of Health's list of food additives and processing aids permitted for use in food producti on and trading. 4 . To reg iste r regulati on conformity announcements with competent state agencies prior to market sale. The Government shall specify the registration of regulation conformity announcements and their validity term for food additives and processing aids. Article 18. Safety assurance conditions for food-packaging tools and food packages and containers 1. Tu be made uf safe materials, guaranteeing that they do not release toxic substances, strange smell or taste into food, and they preserve food quality within the shelf life. 2. To conform with relevant technical regulations, to meet the Mini stry of Health 's regulations on food-packaging tools and food packages and containers. 3. To register regulation conformity announcements with competent state agencies prior to market sale. The Government shall specify the registration of regulauon conformity announcements and their validity term for food-packaging tools and food packages and containers. Chapter IV FOOD SAFETY ASSURAN CE CONDITIONS FOR FOOD PRODUCTION AND TRADING Section I. GENERAL CONDITIONS ON FOOD SAFETY ASSURANCE FOR FOOD PRODUCTION AND TRADING Article 19. Food safety assurance conditions for food producers and traders I . Food producers and traders must meet the following conditions: a/ Having suitable venues with appropriate areas and sa fe ty di stan ce fro m toxic and contaminating sources and other harmful factors; bf Having sufficiem tecnnically qualified water for food production and trading; c/ Having adequate appropriate equipment to process materials and process, package, preserve and tran sport different types of food; having adequate washing and sterilization equipment and tools, disinfecting fluid, and equtpment for preventing and controlling insects and harmful animals; d/ Having a waste treatment system which ope rates reg ular ly und er the law on environmental protection; cf Maintaining fo od safety ns suruncc conditions and keeping records of source and origin of food materials and other documents on the entire food production and trading process; ff Complying with regulations on health, knowledge and practices uf 1JeJ::,uH~ directly engaged in food production and trading. 2. The Minister of Health. the Mini ster of Agriculture and Rural Development and the Minister of Industry and Trade shall promulgate uatioua! technical regulations and specify fuud safety assurance conditions for food producers and traders in their assigned management domains. Article 20. Food safety assurance conditions for food preservation d 14 OFFICIAL GAZETTE Issue nos 04.06/Seplember2010 (Cong Baa nos564-565/Seplember 25. 2010) J. Food producers and traders must meet the follow ing cond itio ns for food pres erv ation : at Having preservation places and means which are large enough to preserve each type of food separately. allow technically safe and precise loading and unloading and guara ntee preservation hygiene; bl Preventin g the effects of temperature. humidity. insects. animals. dust. strange smell and negative environmental effects; guaranteeing sufficientlight; having special-use equipment for adjusting temperature, humidity and other climate conditions. ventilation equipment and other special preservation conditions required by each type of food; cl Complying with preservation regulations of food producers and traders. 2. The Minister of Hea lth. the Minister of Agric ulture and Rural Development and the Minister of Industry and Trade shall promulgate national technical regulations and specify food safety assurance con ditions for food preservation in their assigned management domains. Article 21. Food safety assurance conditions for food transportation L Organizations and individuals transporting food must meet the following conditions: at Means for transport ing foods are made of materials which do not contaminate food and food packages and are easy to clean; bl Pood preservation conditions as required by food producers and traders are maintained throughout the course of transportation; cl Food is not transported together with toxic goods or goods wh ich may cause cross contamination and affect food quality. 2. Comp etent sta te management agenci es shall provide means for transporting food and routes for transporting fresh and raw food in urban areas. Article 22. Food safety assurance conditions for ~m;l ll -s(,::l le food produ ct ion and trading I . Small-sca le food producers and traders must meet the following food safety assurance conditions: at Ensuring safety distance from toxic and contaminating sources; bl Having sufficient technically qua lified water for food production and trading: cl Having appropriate equipment for food production and trading which neither harm nor contaminate food ; d/Using materials. chemicals, food additives, processing aids, food-packaging tools and food packages an d containers in pre liminary processing. processing and preservation offood; el Complying with regulations on health, knowledge and practices of persons direct ly engaged in food production and trading; ft Collecting and treating waste under the law on environmental protection; gl Maintaining food sa fety assurance conditio ns and storing tradi ng -r e lat ed information to ensure the tracing of food origin. 2. The Minister of Health , the Minister of Agricul ture and Rural Development and the Minister ofIndustry and Trade shall promulgate national technical regulations and specify food safety assurance conditions tor small-scale tood production an d tradi ng in the ir assigned management domains. 3. People' s Committees of provinces and centrally run cities (below referred to as provincial-l evel Peopl e's Committees) sha ll prom ulgate local techn ica l regulat ions and spec ify food safety assurance conditions for 2 Issue nos 04-06fSept~mber 2010 OFFIC IAL GAZETTE (Gong Bao nos 564-565lSeptember 25, 2010) 15 small-scale food productionand trading for local particular food. Section 2. FOOD SAFETY ASSURANCE CONDITIONS FOR PRODUCTION AND TRADING IN FRESHAND RAW FOOD Article 23. Food safety assurance conditions for producers of fresh and raw food 1. Producers of fresh and raw food must meet the following conditions: a!Meeting requirements on cultivation land. water sources and produ cti on places for producing safe food; bl Complying with the laws on use of plant varieties and livestock breeds; fertilizer. animal feed, plant protection drugs, veterinary drugs, growth, weight and sexual maturity stimulants. food preservatives and other food safety-related substances: cl Complying with regulations on animal quarantine and hygiene in animal slaughtering: and plant quarantine for crop products; dl Treating waste under the law on environmental protection; el Using det ergents. di sinfectant s and autidotes which are safe fur humans anti the environment; f/ M ninr ni n ing f no d sn f e ty a ssu ra nr-e conditions, keeping records of source and origin of food materials and other documents on the entire process to produce fresh and raw food. 2. The Minister of Agriculture and Rural Development shall provide specific food safety assurance conditions for producers of fresh and raw food. Article 24. Food safety assuranceconditions for traders of fresh and raw food 1. Traders of fresh and raw food must meet the. foll owin g cond itions : a/ Meeting safety assurance conditions for food-packaging tools and food packages and containers and for food preservation and transportation specified in Articles 18. 20 and 21 of this Law: bl Ensuring and maintaining hygiene in business places. 2. The Minister of Agriculture and Rural Development shall provide specific food safety assurance conditions for traders of fresh and raw food. Section J. FUUD SAFETYASSURANCE CONDITIONS FOR PRELIMINARY PROCESSING AND PROCESSINr. OF FOOD AND TRADING IN PROCESSED FOOD Article 25. Food safety assurance co nditions forpreliminary processors andprocessors of food I . To meet the condition, specified in Article. 19 of this Law. 2. The preliminary processing or processing of food must ensure that food is neith e r contaminated nor in contact with contaminants or toxic elements. Article 26. Food safety assurance conditions for food materials and additives, processing aids and micronutrients for food processing I. Materi als used for food processing rnnst he. within their shelf life. of clear origin and safe and retain theirinherentproperties. Materials forming a food must notinteract withone another to create products harmful to human health and life, 2. The use of mic ronutrients, food additives and processing aids must comply with Articles 13 and 17 of this Law. 16 OFFICIAL GAZETTE Issue nos 04·06/September2010 (Gong Beo nos 564-565/September 25,2010) " ,,, ,,-- ,,,,, ,,,,,,-- -,- - - - - - - - - - - - - Article 27. Food safety assurance conditions for traders of processed food 1. Trad ers of prepackaged proce ssed food must meet the following conditions: al Complying with regulations on food labeling; bl Meeting the safely assurance condilions for food-packaging tools and food packages and containers and for food preservation specified in Articles 18 and 20 of this Law; cl Ensur ing and ma intaining hygiene in business places; d/ Preserving food as required by producers, 2. Traders of non prepackaged processed food must meet the following conditions: a/ Adopting measures to ensure that food is neither spoiled, moldy nor in contact with insects, animals. dust and other contaminants; bl Washing or sterlllzlng the tableware and food containers before use of instant food; c/ Ohtainin g information on the origin and production date of food. Section 4. FOOD SAFETY ASSURANCE CONDITIONS FOR COMMERCIAL PRO\tlSION OF CATERING SERVICES Article 28, Food safety assurance conditions for food processing places and commerc ial provision of catering services 1. Kitchens are arranged in a way to ensure that unprocessed and processed foud is uot cross contaminated. 2. Having sufficient tec hnica lly qualified water for food processing and trading, 3. Having hygienic devices for collecting and containing garbage and waste. 4. Sewers in the areas of shops and kitchens mu st be drained without any stagnancy. 5. Ea ting rooms mu st be airy. cool, sufficiently lit and kept clean and have equipment to prevent insects and harmful animals. 6. Having food preservation equipment and toilets and collecting waste and garbage daily. 7. Heads of units having collective kitchens shall take responsibility for food sa fety. Article 29. Food safety assurance conditions forfood processors andcatering services providers 1. To have separate utensils and containers for raw and cooked food. 2. To ensure safety and hygiene of cooking and processing utensils. 3. The tableware must be made of safe materials and kept clean and dry. 4. To comply with regulations on health, knowledge and practices of persons directly engaged in food production and trading. Article 30. Food safety assurance conditions for food processing and preservation 1.To use safe food and food materials of clear origin and keep food samples. 2. To process food safely and hygienically. 3. Food on sale mu st be placed in glass showcases or hygienic preservation containers on tables or shelves above the ground, which can prevent dust, rain, sunshine, insects and harmful animal s. Section 5. FOOD SAFETY ASSURANCE CONDITlONS FOR STREET FOOD SALE Article 31. Food safety assurance condition s for street food display places 1. To be separated from toxic and contaminating sources. 2.To display food on tables, shelves or means which meet requirements on food hygiene and Issue nos 04·06/September 2010 OFFICIAL GAZETTE (Gong Bao nos 564·565/Sepfember 25,2010) 17 safe ty and stree t landscape. Article 32. Food safety assurance conditions for food materials and containers, eating utensiIs. food containers and street vendors I . Material s for process ing street food must meet food safety requirements and have clear source and or igin. . 2. Ea ting utensils and food containers must be hygienically safe. 3. Packages and materials in direct contact with food must neither contaminate nor release contami nants into food. 4. To have devices to prevent sunshine, ra in, dust, insects and harmful animals. 5. To sufficiently have technically qualified water for foo d processing and trading. 6. To co mply wi th regul ati on s on heal th , knowled ge and practices of persons directly engaged in food production and trading. Article 33. Responsibilities for management of street food sale I. The Mini ster of Health shall specify food safety ass urance conditions for street food sa le. 2. People' s Committees at all levels shall manage street food sale in their localities. Chapter V CERTIFICATION OF FOOD SAFETY ELIGIBILITY FOR ESTABLISHMENTS IN FOOD PRODUCTION AND TRADING Article 34. Establishments and conditions for the grant and withdrawal uf certi ficates uf fuud safety eligibility J. An e stab lis hme nt sha ll be grunted u certificate of food safety eligibility when it fully meets the following conditions: a/ Having adequate conditions for assuring food sa fe ty suitable to eac h type of foo d production and trading as prescribed in Chapter IV of this Law; b/ Having registered for food production and trading as indicated in its business registration certificate. 2. An organization or individual shall have its/his/her certi ficate of food safety eligibility withdrawn when it/he/she no longer satisfies all conditions prescribed in Clause I of this Article. 3. The Government shall specify e stabli shme nts not subject to th e grant of ce rtifica tes of food safety eligibility. Articl e 35. C ompetence to gran t an d withd raw certificates of food safety eligibility The Mini ster of Health , th e Mini ster of Agriculture and Rural Development and the Mini ster of Industry and Trade shall specify the competence to grant and with draw certificates of food safety eligibility in their assigned management domains. Article 36. Dossiers, order and procedures for the grant of cert if ic ates of food safety eligibility I. A dossier of application for a certificate of food safety eligibility comprises: aJ An application for a certificate of food safe ty eligibility; b/ A copy of the bu s in e ss regi stration certificate; c/ Written explanations about the satisfaction of food safety and hygiene conditions of physical foundations, equipment and tools as prescribed by competent state management agencies; d/ Health certificates of the establishment's owner and persons directly engaged in food 18 OFFICIAL GAZETTE Issuenos 04·06/Seplember 2010 (Gong Baa nos 564·5651Seplember 25, 2010) production and trading, issued by a district- or higher-l evel health establishment: e/ Certificates of training in knowledge about food safety and hygiene of the establishment's owner and persons directly engaged in food production and tradin g as prescribed by line ministers. 2. The order ofand procedures for the grant of certificates of food safety eligibility a/ Food prod ucers and traders shall submit doss iers of application for certificates of food safety eligibility to a competent state manage ment agency defined in Article 35 of this Law; b/ Within 15 days after the receipt of a complete and valid dossier, the competent state agency shall conduct field inspection of food safety ass urance conditions at the producer's or trader's establishment. If all conditions are met, it shall grant a certificate offood safety eligibility; in case of refusing to grant a certilicate, it shall issue a written reply clearly stating the reason. Article 37, Validity duration of certificates of food safety eligibility I. A certificate of food safety eligibility is valid for 3 years. 2. Ar least 6 months before the expiration date of a certificate of food safety eligibility, if the food producer or trader wishes to continue its/ hislher product ion or trading activities. it/he/she shall submit a dossier of application for tbe re grant of a certificate of food safety eligibility. DOSSIers of appllcation and tile order of and procedures for re-grant of certificates comply with Article 36 of this Law. Chapter VI FOOD TMPORT ANn EXPORT Section I. SAFETYASSURANCE CONDlTInNS POR lMPORTPD POOD Article 38. Safety assurance conditions for imported food 1. Imported food. food additives. processing aids and imported food-packaging tools, food packages and containers must satisfy relevant conditions prescribed in Chapter III of this Law and the fo llowing condit ions; a/ Hav ing th ei r tec hnica l regu lat ion conformity announcements regi stered at a competent state agency before import; hi Having ohtained a notice of satisfaction of imp ort req uirements issued by a designated inspecti on ag e ncy for each goods lo t as prescribed by line ministers. 2. In addition to the conditions prescribed in Cla use I of this Ar tic le, func ti uu al f ood. mi cronutr ien t- fort ified food , ge ne tica ll y modi fied food and irradiated food must obta in a certificate of free sale or health certificate as prescribed by the Government. 3. In case Vietnam has not yet promulgated re levan t tech nical regu latio ns applicab le to imported food , food additives and proce ssing aids and imported food- packaging tools, food packages and co ntai ners, in ternational agreements or treaties to which the Sociali st Republic of Vietnam is a contracting party will apply. Article 39. St3ate inspection of food safety wit h regard to imported foo d I. Import ed foo d , food addit ives a nd processing aids and imported foo d-pa ckaging tool s, food packages and cont ainers are subject to state inspection of food safety, except for some kinds of food which are exempted from state inspection of food safety as prescribed by the Government. Issue nos04·06lSeptember 2010 OFFICIAL GAZETTE (CongBaD nos 564-5651September25, 2010) 19 2. Food imported from countries which have concluded with Vietnam treaties on mutual recognition of food safety certification is eligible for reduced inspection, except for cases in which signs o f violation of Vietnarn's law on food safely are warned or have been detected. 3. Th e G overnment s ha ll spec ify th e exemption from state inspection of food safety for some kinds of imported food; the order of and procedures for state inspection of food safety in countries from which food will be exported to Vietnam under treaties to which Vietnam is a contracting party. Article 40. Order, procedures and methods of state inspection of food safety with regard to imported food 1. The order of and procedures for state inspection of food safety with regard to imported food. food addirives . procp.xsing aids . food packaging tools. food packages and containers co mply with the law on prod uct and goods quality and the following provisions: a/ Food may be transported to warehouses for prese rvation pen di ng cu stoms clearance only when they have a registration for food safety inspection: b/ Customs clearance shall only be effected when there is a written certification of satisfaction of import requirements. 2. Modes of state inspection of food safety for imported food. food additives. processing aids. food-packaging tools. food packages and containers: aJTightened inspection; bl Normal inspection; cl Reduce d inspect ion. 3. The Minister of Health. the Minister of Agriculture and Rural Development and the l!) Minister of Indu stry and Trad e shall specify ~ep.l1 r.i p. <; in (' h ~ rge of conducting state inspection of food safety and the application of modes of state inspection of food safety with regard to imported food. food additives, processing aids, food-packagin g tool s. food packages and containers. Section 2. SAFETY ASSURANCE CONDITIONS FOR EXPO RTED FOOD Article 41. Safety assurance conditions for exported rooo 1. Meeting Vietnam's food assurance safety cundiiions. 2. Being conformable with food safety regul at ions of countries of importation as provided in contracts or treaties and international agreements on mutual recognition of results of confor mity evaluation signed with co ncerned countries or territories. Ar ticle 42. Certification of exported food I. Competent Vietnamese state agencies shall grant certificates of free sale. health cert ificates. ce rtifica tes of origin or other certifi cates for exported food, if so requested by count ries of importation. ? The. Minister of Health, the Minister of Agric ulture and Rural Development and the Minister oflndustry and Trade shall provide for d oss ie rs and pr ocedu res tor the gran t of certificates specified in Clause 1 of this Article in their assigned management domains. Chapter Vfll FOOU AU VEIUI::iEMENT AND LABELING Article 43. Food advertisement •• 20 OFFICIAL GAZETTE Issue nos 04·06/September 2010 (Gong Bao nos 564·565lSeptember 25, 2010) I. Food advertisement shall be carried out by food producers and traders or advertisement service providers under the law on advertisement. 2. Before registering for food advertisement, organ izations and individuals that have food to be advertised shall send dossiers to competent stare management agencies for certification of advertisement contents. 3. Adverti sem ent makers, adve rtise me nt se rv ice p roviders and organizations a nd individuals with to-be-adver tised food may only make advertisement after the adverrisement contents are appraised, and must strictly comply with certified contents. The Mini ster of Health, the Mini st er of Agriculture and Rural Development and the Minis ter of'Industry and Trade shall specify kinds of foo d of which adve rtiseme nt must be registered; and the competence, order and procedures tor certification of contents at toad advertisements under their assigned management domain s. Article·44. Food labeling 1. Pro ducer s aud iurponers of Iood, Iood additives and processing aids in Vietnam shall label food under the law on goods labeling. The shelf life of food shown on their labels shall, depending on the type of food. be written as "expiry date", "use by" or "best before". 2. For functional food , food additives, irrad iated food and genetically modified food , in addition to the provisions of Clause I of this Article , the following provisions must be complied with: aIFor functioual food, the phrase "thuc pham clute nang" (functional food) must be shown and the effect of substitutin g curative medicines must not be expressed in any form; bl For food additives. the phrase "phu gia thuc pham" (food additives) and information on the. scope of use, dosage and use instructions must be shown; c! For irradiated food, the phrase "thuc pham da qua chieu xa" (irradiated food) mu st be shown; dl For certain kinds of genetica lly modified food. the phrase "thuc pham bien doi gen" (genetically modified food) must be shown. 3. Based on socio-economic condit ions in each period, the Government shall issue specific regulations on food labeling and shelf life; and kind" of genetically modified food s and thc composition percentage of food with modified genes to be indicated on their labels. Chapter VII! FOOD TESTING, ANALYSIS OF FOOD SAFETY RISKS, PREVENTION AND REMEDY OF FOOD SAFETY INCIDENTS Section 1. FOOD TESTING Article 45. Requirements on food test ing 1. Food testing shall be conducted in the following cases: aIAt the request of food producers and traders or other concerned organizations and individuals; bl For the state management of food safety. Food testing for state management work shall be conducted by food test ing estab lishmen ts designated by line ministers. 2. Food testing must: aI Ensure objectivity and accuracy; bl Obse rve pro fess io na l and technical regulations. Issue nos 04·06/September 2010 OFFICIAL GAZETTE (Gong Beonos 564-5651Seplember 25, 2010) 21 Article 46. Food testing establishments 1. A food testing establishment must satisfy the following conditions: a/ Having an organizational apparatu s and technical capacity meeting the requirements of national or internat ional standards applicable to testing establishments; bl Establishing and maintaining a managerial system meeting the requirements of national or international standards; cl Registering the operation of assessment of conformity with standards or technical regulations with a competent state agency when engaged in certification of standard or regulation conformity. 2. Food testing establishments may provide testing services, collect testing charges and take responsibility before law for the results of tests they perform. 3. Line ministers shall specify conditions for testing establishments defined in Clause 1 of this Article. Article 47. Testing for the settlement offood safety-related disputes 1. Age ncies with dis pute se tt lement competence shall designate testing-verification establishments to test foods involved in disputes. Testing results of these establishments shall be used as a basis for the settlement of food safety related disputes. 2. Testing es tab lis hments de sign ated to conduct verification are state-run ones which satisfy all the conditions specified in Clause L Article 46 of this Law. 3. Line ministers shall specify conditions for testing-verification establishments and a list of elig ible testing-verification establishments. Article 48. Expenses for food sampling and testing 1. Expenses for food sampling and testing to serve food safety examination and inspection shall be paid by agencies that decide on such examination and inspection. 2. Based on testing resul ts, if agencies that decide on food safety examination and inspection conclude that food producers or traders violate the law on food safety, the violators shall refund food sampling and te sting ex penses to the examination and inspection agencies. 3. Organizations and individuals that request food sampling and testing shall themselves pay expenses for food sampling and testing. 4. Expenses for food sampling and testing in food safety-related di sputes UJ complaints shall be paid by petitioners or complainants. When testin g results affi rm that food producers or traders violate regulations on food safety, the violators shall refund expenses for sampling and tes ting of food s inv olved in di spu tes to the petitioners or complainants. Sect ion 2. ANALYSIS OF FOOD SAFETY RISKS Article 49. Objects subject to analysis offood safety risks 1. Foods of high poisoning late. 2. Foods with samples taken for surveillance show ing high rate of vio la t ing technical regulations on food safety. 3. Food production or trading environment or establishments which are suspected of causing pollution. 1. Foo ds or food prod uction or trading establishments which are subject to risk analysis to meet management requirements. Ii '1 ,11 22 OFFICIAL GAZETTE Issue nos 04·06/Seplember2010 (G6ng Baanos 564-565lSeptember 25, 2010) Article 50. Analysis of food safety risks 1. Ann lysi s nf fnorl safe ty risks cove rs assessment , management and communication of risks to food safety. 2. Assessment of food safety risks covers: aI Investigating and testing to identify hazards to food safe ty whic h belong to group' ur • microbiological, chemical and physical agents ; bl Identifying risks of health hazards to food safety, extent and scope of impacts of hazards on the community health. 3. Management of food safety risks covers: aI Imprementing solutions to limiting food safety risks in each stage of the food supply chain; bl Controlling and coordinating to limit food safety risks in providing catering services nnti conducting other food production or tradin g activities. 4. Communication on food safety risks covers : al Provid ing infor mation on preven ti ve measures ill cases of food poisoning or unsafe food-borne diseases to raise public awareness about and responsibility for food safety risks; bl Notifying or forecasting food safety risks; buiIding an information system lor waming food safety risks and food-borne diseases. Article 51. Responsibility to analyze food safety risks The Ministry of Health. the Miuisu y uf Agriculture and Rural Development and the Ministry of Industry and Trade shall analyze food safety risks in the ir assigned management domains under Articles 49 and 50 of this Law. Section 3. PREVENTION AND REMEDY OF FOOD SAFETY INCIDENTS Articl e 52. Prevention of food safety incidents 1. Organizations and individuals that detect signs of a food safety incident shall immediately notify it to the nearest health establishment or People's Committee or a competent state agency for taking prompt preventive measures. 2. Measures to prevent food safety incidents include: aI Ensuring safety in the process of food production, trading and consumption; bl Educating, propagating and disseminating food safety-related knowledge and practices to producers, traders and consumers ; cl Examining and inspecting food safety in food production and trading; dl Analyzing food contamination risks; cl Investigating, surveying and storing data on food safety; fl Storing food samples. 3. People' s Comm ittees at all levels shall implement measures to prevent food safety incidents in their localities. 4. The Ministry of Health, the Ministry of Agricultu re and Rura l Developme nt and the Ministry ofl ndustry and Trade shall organize the implementation uf lJl ugrauu, VII sut veillance WIU prevention of food safety inc ide nts and the application of measures to prevent food safety incidents occurring overseas which are likely to affect Vietnam in their assigned management domains . 5. The Ministry of Health shall assume the prime responsibility for. and coordinate with concerned ministries and sectors in. establishing a system for warning food safety incidents. Issue nos 04·06/September 2010 OFFICIAL GAZETTE (Cong Baa nos 564·5651Seplember 25, 2010) 23 Article 53. Remedy of food safety incidents 1. Organiza tions and individuals that detect a food safety incident occurring at home or overseas which affects Vietnam shall declare it to the nearest health establishment or People's Committee or to the Ministr y of Health , the Ministry of Agriculture and Rural Development or the Ministry ofI ndustry and Trade for taking prompt remed ies. 2. Remedies for food safety incidents include: aI Promptly detecting. and giving first aid and medical treatment to , po isoned persuns ur persons infected with food-borne diseases or in other food-induced ci rcumstances harmful to human health or life; bl Inv esti gating cases of food poisoning, ldeutlfying causes of poisoning and food-borne diseases and tracing the origin of poisoning or disease-transmitting food: cI Suspending production or trading activities; recalling and disposing of poisoning or disease transmitting food being marketed: dI Notifying food poisoning and food-borne di sease s to co ncer ned o rganiz ation s and individuals: el Taking measures to prevent risks of food poisoning and food-borne diseases. 3. People' s Committees at all levels shall take remedies Iur Iuud safety inctdent s in rheir localiti es. 4 The Minister of Health shall: al Speci fy the decl aration of food safety incidents: bl Assume the prime responsibility for. and coordinate with concerned ministries and sectors in. taking mea sures to prevent fo od safety incidents occurring overseas which are likely to affect Vietnam . 5. Suppliers of poisoning foods sha ll pay all medical treatment expenses for poisoned persons and pay compensations under the civil law. Section 4. TRACING OF TIlE ORIGIN AND RECALL AND DISPOSAL OF UNSAFE FOODS Article 54. Tracing of the origin of unsafe foods I . Food producers and traders shall trace the origin of unsafe foods in the following cases: aI At the request of competent state agencies: bl When detecting that food product s they produce or trade in are unsafe. 2. Food producers and traders that trace the origin of unsafe foods shall: al Ide ntify and notify lots of unsafe food products; bl Request food trading agents to report on the quantity of products of unsafe food lots. actual quantities of products left in stock and being marketed: cl Summari ze, and report to competent state agencies on, recall plans and disposal measures. 3. Competent state agencies shall inspect and supervise the tracing of the origin of unsafe foods. Article 55. Recall and disposal of unsa fe foods I. The following foods shall be recalled: aI Foods which are still marketed after their .heif life: bl Foods uncon formable with re leva nt technica l regulations; cl Foods being new technological products not yet been permitted for circulation: !I : llii ill iF 24 OFFICIAL GAZETTE Issue nos 04·06/Seplember 2010 (G6ng Baanos 564·5651Seplember 25, 2010) dl Foods which are degenerated duri ng preservation, transportation or trading: el Foods which contain substances banned from use or in which appear contaminants in excess of allowable limits; fl Imported foods which are notified by a competent authority of the exporting country or another country or an international organization to containcontaminants harmful to human health and life. 2, Recall of unsafe foods takes the following forms: al Voluntary recall by food producers or traders themselves; bl Compulsory recall by food producers and tradersat the requestofcompetentstateagencies. j, Unsate toads shall bedisposedof through: at Correction of product flaws or labeling erro rs; bl Change of use purposes; cl Re-export: dl Destruction. 4. Unsafe food producers and traders shall publish information on recalled products, recall and dispose of unsafe foods within the time limit decided b,y a competent state agency, and pay all recall and disposal expenses. Past theprescribed time limit, foodproducers and traders that fail to recall foods shall be coerced to do so under law. s. Competent state agencies shall: atBased on theseverity of violationsof safety assurance conditions, decide on the recall and disposal of unsafefoods as well as the time limit for completing such recall and disposal; bl Inspect the recall of unsafe foods: cl Handle violations of the law on food safety according to theircompetence as definedby law: dl For food products which are likely to seriously affect the community health or in other emergency cases. directly recall and dispose of them and request their producers and traders to pay recall and disposal expenses. 6. The Minister of Health. the Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall specify the recall and disposal of unsafe foods in their assigned management domains. Chapter IX INFORMATION, EDUCATION AND COMMUNICATION ON FOOD SAFETY Article 56. Purposes and requirements of information, education and communication on food safety 1.Information,educationandcommunication on food safety aims to raise public awareness about food safet y, and cha nge backward behaviors. customs and practices in production, trading and living which cause food unsafety, contributingto protectinghumanhealthand life; and about business ethics and responsibility of food producers and traders towards consumer health and life. 2.Information,educationandcommunication on food safety must be: al Accurate, prompt, explicit, simple and practical; bl Suitable to the nation's traditions, culture and identity, religions, social ethics, beliefs, L: U 5tO Ill~ and practices, cl Suitable to each category of targeted SII hje r-tc. Ar ticle 57. Co ntents of information, education and communication on food safety llllllIIIIlIIIIlii!! Issue nos04·06lSeptember2010 OFFICIAL GAZETTE (Gong Beonos 564-565lSeplember 25,2010) 25 1. Providing, propagating and disseminating knowledg e and law on food safety. 2.Providing information on causes and ways of identify ing food poisoning risks. food-borne diseases allu measures to tJle vent awl remedy food safety incidents . 3. Providing information on exemplary models of safe food production or trading; recall of unsafe foods, and handling of establishments that seriously violale the law on food safety. Article 58. Entities eligible to access informarion, education and cornrnunicatlon on food safety 1. All organizations and individuals have the right to access information, education and communi cation on food safety. 2. Priority will be given to the following entities in accessing information, education and communication on food safety: aI Food consumers; bl Managers and executive officers of food produc tion or tradin g es tab lishments; food producers and traders; cI Fresh and raw food producers and traders and small-sca le food prod ucers and traders; inhabitants inextreme socio-economic difficulty hit areas. Article 59. Forms of information. education and communication on food safety 1.Through competent slate agencies in charge of food safety. 2. In the mass media. 3. Integration in teaching and learning acti vit ies at ed uca tio na l ins titutions of the national education system. 4. Through cultural and community activities and activities of mass organizations and social organizations. and other forms of public cultural activi ties. 5. Through food safety-related inquiry points at line ministries. Article 60. Responsibilities in information, education and communication on food safety 1. Agencies, organizations and units shall, within the ambit of their tasks and pow ers , conduct information, education and communication on food safety. 2. The Minister of Hea lth, line ministers and heads of concerned ministerial-level agencies shall direct concerned agencies in providing accurate and sc ientific inform ation on food safety; and promptly give responses to untruthful information on food safety. 3. Th e Min ister of In formation and Co mmu nicatio ns shall direc t mass me dia agencies in regularly providing information and communication on food safety and integrating programs on information and communication on food safe ty in to other information and communication programs. 4. The Minister of Education and Training shall assume the prime responsibility for, and coordinate with the Minister of Health. line ministers and heads of concerned ministerial level agencies in, combining education about food safety with other educational contents. 5. People's Committees at all levels shall organize the provision of information. education and co mmunicatio n on food safety to loc al people . 6. Mass media agencies shall prioritize in terms of schedule and length of broadcasts to provide information, education and communication on food safety on radios and televisions; and reserve appropriate spaces for articles and broadcasts on 26 OFFICIAL GAZETTE Issue nos 04·06lSeptember 2010 (Gong Biionos 564·5651September 25, 2010) food safety in printed newspapers. televisions or online newspapers under regulations of the Minister of Information and Commumcanons. Information, education and communication on food safety in the mass media is free of charge. unless it is provided under separate contracts with programs or projects or financed by domestic or foreign organizations UI iudividuuls, 7. The Vietnam Fath erland Front, ma ss organizations and social organizations shall. within the ambit of their responsibilities, conduct th e work of in formati on , ed ucatio n and couuuunicatiou Ull Iood safety. Chapter X STATE MANAGEMENT OF FOOD SAFETY Section L RESPONSIBILITIES FOR STATE MANAGEMENTOF FOOD SAFETY Article 61. Resp onsibilities fo r state management of food safety I . The Government shall perform the unified state management of food safety 2. The Ministry of Health is ·answerable to the Government for performing the state management of food safety. 3. Ministries and ministerial-level agencies shall. within the ambit of their respective tasks and powers, coordinate with the Ministry of Health i n performing the. state. management of food safety. 4. People' s Committees at all levels shall perform the sate management of food safety in their respective localities. Article 62. Responsibilities of the Ministry of Health for state management of food safety 1. General responsibilities: al To assume the prime responsibility for formulating and submitting national strategies and master plans on food safety to competent state agenci es forpromulgation, and organize the implementation thereof. bl To promulgate national technical regulations on safety criteria and limits on food pr odu ct s; food -packag ing tools and foo d packages and containers. cl To requ est mini stries, se cto rs and provincial-level People 's Committees to make regul ar and irregul ar report s on food safety management; dl To prescribe general conditions on food safety assurance for food producers and traders; el To assume the prime responsibility for organizing the propagation and education about the law on food safety; to warn food poisoning incidents. fI To unexpectedly inspect and examine all stages in the process of food production, import and trading under the scope of management of other ministries when necessary. 2. Responsibilities in sectoral management: a/ To assume the prime respons ibility for formulating and promulgating or submitt ing strategies, policies, master plans, plans and legal documents on food safety to competent state agencies for promulgation, and organize the implem entati on the reof in it s ass ig ned management domain; bl To manage food safety throughout the process of production. preliminary processing, processing, preservation, transportation. export, imp ort and trading of food additives. food processing aids, bottled drinking water, natural mineral water. functional food and other foods Issuenos 04·06/September2010 OFFICIAL GAZETTE (Gong Bao nos 564·565fSeplember 25, 2010) 27 under the Government's regulations; c/ To manage.f"od safety with regard to food. packaging tool s and food packages and containers in the process of food production, proces sing and tr adi ng in its assigned management domain; dJTo inspect , examine, and handle violati ons of the law on food safety in the process of food production, export, import and trading in its assigned management domains. Article 63. Responsibilities of the Ministry or Agriculture and Rural Development 1. To assume the prime responsibility for formulating aud proruulgatiug ur submiuing policies, strategies, master plans, plans and legal documents on food safety in its assign ed management domain to competent state agencies for promulgation, and organize the implementation thereof. 2. To manage food safety in the primary production of agricultural, forest, aquatic and salt products. 3. To manage food safety throughout the process ot production , co llec tion , slaughter, preliminary processing, processing, preservation, tran sportation. import. export and trading of cereal s, meat and pro ducts thereof, aquatic animals and products thereof, vegetables, tubers and Fruits and PIUUUL:LS thereof, eggs and products thereof. fresh milk. honey and products thereof, genetically modified food, salt and other farm products under the Government's regulations. 4. To manage food safety with regard to food packaging tools and food packages and containers in the process of food production, processing and trading in its assigned management domain. 5. To make regular and irregular reports on the management of food safety in its assigned management domain. 6. To inspect, examine, and handle violations of the law on food safety in the process of food production, export, import and trading in its assigned management domain. Article 64. Responsibilities of the Ministry ofIndustry and Trade I. To assume the prim e responsibility for formulating, promulgating or submitting policies, strategies, master plans, plans and legal documents on food sa fe ty in its as signed management domain to competent state agencies for promulgation and organize the implementation thereof 2. To manage food safety in the process of produc tio n, processin g , preserv ation , transportation, import, export and trading of liquor, beer, beverage, processed milk, vegetable oil, powder and starch processed products and other products under the Government's regulations. 3. To manage food safety with regard to food packagin g too ls and food packages an d containers in the process of food production, processing and trading in its assigned management domain. 4. To promulgate policies and master plans on markets and supermarkets and regulations on food trading at markets and supermarkets. 5. To assume the prime responsibility for preventing and controlling fake food, and trade fraud in food circulation and trading. 6. To make regular and irregular reports on the management or food safety in its assigned management domain . 7. To inspect, examine, and handle violation; of the law on food safety in the process of food production, import, export, and trading in its 28 OFFICIAL GAZETTE Issue nos 04·06/Seplember2010 (Gong Bso nos 564-565lSepfember 25, 2010) assigned management domain. Article 65. State management responsibilities of People's Committees at all levels I. To promulgate according to the ir competence or submit local legal documents and technical regulations to competent state agencies for promulgation; to formulate and implement master plans on safe food production zones and establishments so as to ensure management in the entire food supply chain. 2.To be responsible for managing food safety in their respective localiti es; to manage food safety assurance conditions for small-scale food production and trading establishments, street food, catering establishments, and food safety at local markets ann ~ \Ibj e('t s in their r1 .c:. c:. ignp,r1 management domain. 3. To make regular and irregular reports on the management of food safety in their respective localities. 4. To arrange human reso urces, train and improve qualifications of human resources for the work of food safety assuranc e in their respective localities. 5. To organi ze the work of information, education and communication to raise awareness about food safety. the sense of observing the law Ull Iuud safety lIHtUagelHelll, the sense ~f res ponsibi lity of food producers and traders toward the community and the awareness of consum ers about food safety. 6. To inspect, examine and handle violations of the law on food safety in their respective localities. Section 2. FOOD SAFETY INSPECTION Article 66. Food safety inspection I. Food safety inspection is specialized inspection. Food safety inspection shall he conducted by the health ; agriculture and rural development; and industry and trade sectors under the law on inspection. 2. Th e Gove rn men t shall specify th e coordination among food safety ins pecrorates of ministries and ministerial-level agencies with other forces in ensuring food safety. Article 67. Contents of food safety inspection I. Compliance with technical standards and regulations on food safety applicable to food production and trading and food products promulgated by competent state agencies. 2. Compliance with relevan t food safety standards announced by food producers for application to food production and trading and food products . 3. Advertising and labeling of food within the scope of management. 4. Regulation conformity certification and food safety testing. 5. Compliance with other legal provisions on food safety. Section 3. FOOD SAFETY EXAMINATION Article 68. Responsibilities for food safety examination I. Food safety management agencies under l i ne rui ni suies shul l conduct Iu ud safety examination in food production and trading under Articles 61 thru 64 of this Law. 2. Food safety management agencies under provincial-level People 's Committees shall con duct food sa fe ty examination in their respective localities under regu lations of line ministries and the assignment by provincial-level Issue nos 04·06/Seotember 2010 OFFICIAL GAZETTE (Gong Baanos 564-565lSeptember 25, 2010) 29 People' s Committees, 3. In case an inter-sector examination of food safety is related to the management scopes of many sectors or localities, the agency in charge of the examination shall coordinate with concerned age ncies under related mini stries, ministerial-level agencies and provincial-level People 's Committees in conducting the examination. 4. Food safety examination must ensure the following principles: al Obj ectivity, accuracy, pub lici ty, transparency and non-discrimination. b/ Keepiug cuuf'ideuti al ln forrnarlon, documents and results of examination related to inspected agencies and food producers and traders pending the availability of official 'conclusions; cl Causing no troubles to food producers and traders. d/ Taking respon sibili ty before law for relevant examination results and conclusions. 5. Line ministers shall specify food safety examination activities in their assigned management domains. Article 69. Powers and tasks of food safety management agencies in food safety examination I. Within the ambit of their respective tasks and powers, food safety management agencies have following powers in food safetyexamination: a/ To decide to form examination teams to conduct planned or unexpected examinations. bl To wam food unsafety risks; cl To handle violati ons in the course of examination under Articles 30, 36 and 40 of the Law on Product and Goods Quality: dl To sett le complaints and denunciations about decisions of examination teams, and acts of inspection team members under the Law on complaints and denunciations. '1.. The food safety management agencies, within the ambit of their tasks and powers, have the following tasks: a/ To draw up annual examination plans and submit them to competent state agencies for decision; b/ To receive regi stration dossiers of registration for testing of the safety of imported food; to certify food safety assurance conditions for imported food; cl To issue handling decisions within 3 working days from the date of receivmg reports of inspection teams regarding suspending food production, and trading activities, sealing up food and suspending advertisement of unsafe food. Article 70. Examination team I. An examination team shall be formed under a decision of the headof a food safety management agency on the basis of an examination program or plan approved by a competent state agency or in case of unexpected examination. 2. In the course of food safety examination, examination teams has the following powers and tasks: a/ To request food producers and traders to present related documents, and handle violations in the course of examination under Articles 30 and 40 of the Law on Produ cts and Goods Quality, to supply copies of the documents mentioned in this Clause, when necessary; b/ To take samples for testing when necessary; c/To seal food, suspend the sale of unsuitable food, suspend food advertisements containing improper contents in the course of market 30 OFFICIAL GAZETTE Issue nos 04·06/Seplember2010 (Cong Baanos 564-565/September 25, 2010) examination and report to the food safety management agency within 24 hours after so doing; dJ To request organizations and individuals pro duc ing and tr adi ng in foo d whic h is unconforma ble with anno unced appli cabl e standards, technical regulations and regulations or relevant conditions to take remedies; e/ To propose the food safety management agency to handle vio lations acco rding to its competence specified in Article 69 of this Law; f/ To ensure the examination principles provided in Clause 4, Article 68 of this Law during examination; g/ To accurately and timely report examination results to the food safety management agency. Chapter XI IMPLEMENTATION PROVISIONS Article 71. Effect This Law takes effect on July 1. 2011. The Ordinance No. 1212003IPL-UBTVQHll on Food Hyg iene and Safety ceases to be effective on the effective date of this Law. Article 72. Implementation detailing and guidance The Government shall detail and guide the impl em entation of art ic les and clau ses as assigned in this Law; and guide other necessary provisions of this Law to meet state management requirements. Tills Law was passed a ll June 17, 2010, by the XIII" National Assembly of the Socialist Republic of vietnam at its 7''' session> Chairman of the National Assembly NGTlYF.N PHT) TRONG m 2