Circular No. 12/2015/TT-BNNPTNT guiding food safety inspection of imports of plant origin

54 OFFICIAL GAZETTE Issue nos 01-03/April 2015 THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT No. 12/2015/TT-BNNPTNT THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, March 16, 2015 CIRCULAR Guiding food safety inspection of imports of plant origin<*J Pursuant to June 17, 2010 Law No. 55/2010/QH12 on Food Safety; Pursuant to the Government's Decree No. 38/2012/ND-CP of April 25, 2012, detailing a number of articles of the Law on Food Safety; Pursuant to the Government's Decree No. 199/2013/ND-CP of November 26, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; Pursuant to Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT of April 9, 2014, guiding the assignment and coordination in state management of food safety; At the proposal of the directors of the National Agro-Forestry-Fisheries Quality Assurance Department and the Plant Protection Department, The Minister of Agriculture and Rural Development promulgates the Circular guiding food safety inspection of imports of plant origin as follows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation 1. This Circular prescribes the method of inspection, the order of and procedures for food safety registration and inspection of goods of plant origin used as food (below refened to as goods) which are impo1ted into Vietnam under the management of the Ministry of Agriculture and Rural Development; and responsibilities and powers of related parties. 2. Goods governed by this Circular are food of plant origin defined in Appendix 2 to Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT of April 9, 2014, guiding the assignment and coordination in state management of food safety. 3. This Circular does not govern contents and provisions on plant quarantine activities. Article 2. Subjects of application This Circular applies to domestic and foreign organizations and individuals engaged in the ('J Cong Bao Nos 397-398 (01/412015) © Vietnam Law and Legal F ornm ISSU(' nos 01-03/Aplil 2015 OFFICIAL GAZETTE 55 production of and trading in goods of plant origin used as food which are imported into Vietnam under the management of the Ministry of Agriculture and Rural Development. Article 3. Imports not subject to food safety inspection 1. Goods for personal use within duty-free quotas. 2. Goods in diplomatic and consular bags. 3. Goods in transit and transshipment. 4. Goods in bonded warehouses. 5. Goods as samples for testing or research. 6. Goods as samples displayed at trade fairs or exhibitions. Article 4. Interpretation of tem1s In this Circular, the tem1s and phrases below are construed as follows: 1. Impo1t lot means a quantity of goods of the same type and origin and registered for import inspection one time. 2. Importer means the (direct or authorized) legal owner that manages imports. 3. Violation of food safety regulations means goods detected not to be of the type and origin as declared or showing signs of damage, contaminated with mold or impurities putting food at risk of becoming unsafe; goods detected to contain chemical residues or microorganisms exceeding the prescribed limits. 4. Serious violation of food safety regulations means goods detected to violate food safety regulations, which are at high risk of adversely affecting users' health. 5. Lot sampling frequency is the percentage oflots having samples taken for testing against the total number of lots of the same type and counhy of origin imp01ted into Vietnam. 6. Goods of the same type means products of the same plant species and the same characteristics (fresh or processed). Article 5. Grounds for inspection 1. Vietnamese and international regulations, standards and technical regulations on food safety. 2. In case Vietnam has signed a treaty or bilateral agreement on food safety with an expo1ting countiy, that ti·eaty or agreement shall prevail. Article 6. Inspection no1ms An inspection agency shall decide on food safety no1ms to be tested based on the histo1y of observance of regulations by the producer and impo1ter; the actual situation of risks for food unsafety in the place and counhy of production, and the actual condition of the impo1t lot and accompanying dossiers. Article 7. Inspection agencies 1. Inspection agencies at border-gates or storing yards: Units of the Plant Protection ©Vietnam Law and Legal Forum 56 OFFICIAL GAZETTE Issue nos 01-03/Aptil 2015 Department or units assigned by the Ministiy of Agriculture and Rural Development at the request of the Plant Protection Department. 2. Agencies inspecting and supervising goods circulated in the market under assignment and decentralization: Assigned units of provincial-level Agriculture and Rmal Development Departments. 3. Food safety inspection agencies in exporting countries: The National Agro-Forestly Fisheries Quality Assurance Department taking the main charge in coordination with the Plant Protection Depa1tment and relevant agencies. Article 8. Charges, fees and funds for food safety inspection and supervision 1. Inspection agencies shall collect charges and fees under the Finance Ministry's cunent regulations. 2. Funds for inspection in exporting countries shall be taken from the state budget. The National Agro-Forestry-Fisheries Quality Assurance Department shall assume the prime responsibility for, and coordinate with the Plant Protection Depa1tment, in estimating costs for inspection in expo1ting countries and submit to competent authorities for approval. 3. Funds inspection and supervision of commodities circulated in the market shall be taken from the state budget within the supervision program prescribed in the Ministry of Agriculture and Rural Development's Circular No. 05/201 0fIT-BNNPTNT of January 22,2010, guiding food safety and hygiene inspection and supervision of agricultural food prior to market circulation or from other legitimate funding sources. 4. Funds for food safety inspection of imports of plant origin for contents for which char·ges or fees must not be collected shall be planned and estimated by inspection agencies for submission to the Ministiy of Agriculture and Rural Development and the Ministiy of Finance for approval and allocation from non-business economic funds for implementation. Chapter II METHODS OF FOOD SAFETY INSPECTION Article 9. Regular inspection 1. Step 1: Registration by expo1ting countries a/ The competent agency in charge of food safety for goods of plant origin used as food of an expo1ting counhy (below refened to as competent agency of expo1ting colmti·y) shall send its registration dossier according to Article 13 of this Circular to the National Agro-Forestiy Fisheries Quality Assurance Department for appraisal and recognition of its control system fully meeting food safety conditions and requirements according to Vietnam's regulations and submission to the Ministi·y for inclusion into the list of countries registering expo1t of food of plant origin to Vietnam; b/ Procedures for registration and appraisal for recognition of satisfaction of Vietnam's food safety assurance requirements and inclusion into the list of countries registering expo1t of food of plant origin to Vietnam must comply with Chapter III of this Circular; © Vietnam Law and Legal F ornm I SSU(' nos 01-03/Aplil 2015 OFFICIAL GAZETTE 57 c/ Step 1 shall not apply to impo11s which are packaged processed food having obtained a receipt of written announcement of regulation confonnity or a ce1tificate of announcement of conformity with food safety regulations, are goods temporarily imp011ed for re-expo1t or goods impo1ted as raw materials for subcontract production and processing for export. 2. Step 2: Inspection of import lots a/ At border gates or storing yards, to conduct dossier and visual inspection and sampling at the frequency of 10 percent of impo1t lots depending on the risk level of goods. Organizations or individuals may cany out customs clearance procedures after satisfying requirements in dossier and visual inspection and granted a ce1tificate of food safety inspection by inspection agencies according to the fonn provided in Appendix 5 of this Circular; b/ Within 6 (six) months of inspection, if goods of the same type and countiy of origin are detected to violate food safety regulations 3 (three) times or more, the method of strict inspection ( defined in Article 10 of this Circular) shall be applied to that type of goods impo1ted from the exporting country with violating goods. The time for applying strict inspection shall be counted from the detection of the third violation of food safety regulations by goods of the same type and countiy of origin; c/ The order of and procedures for food safety inspection of impo1t lots must comply with Chapter IV of this Circular. 3. Step 3: Post-customs clearance inspection Customs-cleared impo1ts are subject to inspection according to Alticle 19 of this Circular. Article 10. Strict inspection 1. At border gates or storing yards, to conduct dossier and visual inspection of import lots and take samples of goods subject to strict inspection at the frequency of 30 percent. 2. For an import lot subject to strict inspection for which sampling is not required, the organization or individual may cany out customs clearance procedures after satisfying requirements in dossier and visual inspection by inspection agencies. 3. For an impo1t lot subject to strict inspection for which sampling is required: a/ For an impo1t lot that does not contains previously violating goods of the same type and countiy of origin: Customs clearance procedures may be canied out after dossier and visual inspection results show satisfaction of requirements; bl For an impo1t lot that contains goods of the same type and countiy of origin previously violating food safety regulations: Customs clearance procedures may be can-ied out only after inspection and sample testing results show satisfaction of requirements. 4. Based on the results of strict inspection for 6 (six) months, the application of the next inspection method shall be detennined as follows: a/ Import suspension shall be applied if 5 (five) or more lots of imports of the same type and country of origin cun-ently under strict inspection are detected to violate food safety regulations; b/ Strict inspection shall continue for another 6 (six) months if 1 (one) to 4 (four) lots of © Vietnam Law and Legal F 01um 58 OFFICIAL GAZETTE Issue nos 01-03/Aptil 2015 imports of the same type and counhy of origin ClllTently under strict inspection are detected to violate food safety regulations; c/ Sti-ict inspection shall be removed if samples of at least 5 (five) lots of imports of the same type and counhy of origin ClllTently under sti-ict inspection are detected not to violate food safety regulations. 5. In case of an international warning of se1-ious risks for food unsafety, a specific method to control imports shall be applied based on international methods cunently applicable to the warned goods. 6. The order of and procedures for registration and food safety inspection of import lots must comply with Chapter IV of this Circular. 7. Customs-cleared imports shall be inspected according to Article 19 of this Circular. Article 11. Reduced inspection To apply according Clause 2, Article 39 of the Law on Food Safety and Article 15 of Decree No. 38/2012/ND-CP. The method of inspection and sampling of import lots for testing must comply with treaties on mutual recognition of food safety ce1ti:fication to which Vietnam is a contracting party or acceded. Article 12. Customs clearance of goods Goods imported into Vietnam may only be clear·ed from customs procedures when having obtained a ce1tificate of food safety inspection of imports of plant origin from an inspection agency according to the fonn provided in Appendix 5 to this Circular. Chapter III REGISTRATION BY EXPORTING COUNTRIES AND INSPECTION IN EXPORTING COUNTRIES Article 13. Registration dossiers of exporting countries The competent agency of an exporting counhy shall send an original registration dossier in English or Vietnamese to the NationalAgro-Foreshy-Fisheries Quality Assurance Department (directly or by post), which must comprise: 1. Info1mation on the management system and capacity of the competent food safety control agency of the exporting country according to the form provided in Appendix 1 to this Circular. 2. The list of pesticides, plant growth regulators and preservatives used in goods production and trading according to the fo1m provided in Appendix 2 to this Circular. 3. An annually updated food safety supervision program of the expo1ting country for goods in domestic production and trading process and expo1t according to the fo1m provided in Appendix 7 to this Circular. Article 14. Appraisal of registration dossiers The National Agro-Foreshy-Fisheries Quality Assurance Department shall assume the prime responsibility for, and coordinate with the Plant Protection Department in, appraising © Vietnam Law and Legal F ornm ISSU(' nos 01-03/Aplil 2015 OFFICIAL GAZETTE 59 registration dossiers specified in Aliicle 13 of this Circular, and notify inspection results to the competent agency of an exporting count:J.y as follows: 1. If the dossier appraisal result shows full satisfaction of Vietnam's food safety requirements, the National Agro-Forestly-Fisheries Quality Assurance Depaiiment shall repo1i to the Minister of Agriculture and Rural Development for recognition and updating to the list of countries registering expo1i of food of plant origin into Vietnam on the website of the National Agro-Forest:J.y-Fisheries Quality Assurance Department (www.nafiqad.gov.vn) . 2. If the dossier appraisal result shows failure to meet Vietnam's food safety requirements, the National Agro-Forest:J.y-Fisheries Quality Assurance Departlnent shall notify in writing to the competent agency of the exporting countiy for supplementing info1mation to complete its dossier under regulations. Article 15. Inspection in exporting countries 1. In case ofnecessity, the NationalAgro-Forestiy-Fisheries Quality Assurance Depa1iment shall assume the prime responsibility for, and coordinate with the Plant Protection Department in, elaborating inspection plans; notify and work with the competent agency of an exporting countiy in inspecting food safety control systems and conditions for assurance of food safety at establishments producing expo1is to Vietnam. 2. Within 30 working days after completing an inspection in an exporting country, the National Agro-Forestiy-Fisheries Quality Assurance Depaitment shall assume the prime responsibility for, and coordinate with the Plant Protection Department in, completing a draft report on inspection results and send it to the competent agency of the exporting countiy for fu1iher comment within 30 days prior to the official announcement of the inspection result repo1t. The report must cleai·ly state specific reasons for cases ineligible for exporting goods to Vietnam if inspection results show failure to fully meet the prescribed requirements. Chapter IV FOOD SAFETY REGISTRATION AND INSPECTION OF IMPORT LOTS Article 16. Registration for inspection of impo1i lots Organizations and individuals shall register food safety inspection directly with border gate inspection agencies. An inspection registi-ation dossier must comprise: 1. The original application for food safety inspection (made according to the fo1m provided in Appendix 3 to this Circular). 2. For impo1is containing genetically modified contents: To be named on the list of genetically modified plants obtaining a certificate under the Ministiy of Agriculture and Rural Development's Circular No. 02/2014/TT-BNNPTNT of Januaiy 24, 2014, prescribing the order and procedures for grant and revocation of certificates of genetically modified plants eligible for use as food and animal feeds. 3. For inadiated goods: A copy of the ce1iificate of free sale ( CFS) granted by the competent agency of the expo1ting countiy under the Ministiy of Agriculture and Rural Development's Circular No. 63/2010/TT © Vietnam Law and Legal F 01um 60 OFFICIAL GAZETTE Issue nos 01-03/Aptil 2015 BNNPTNT of November 1, 2010, on certificates of free sale for imported and exported products and goods under the management of the Ministry of Agriculture and Rural Development. Article 17. Inspection contents 1. Dossier examination: Inspection agencies shall consider registration dossiers ( origin, history of compliance with food safety regulations by organizations, individuals and producers; regulations on genetically modified food, and inadiated food and relevant regulations). 2. Visual inspection (not applicable to lots temporarily imported for re-export) : Inspection agencies shall inspect package conditions and labels after goods anive at border gates; examine conformity with declared information and unusual signs likely causing food unsafety. 3. Sampling (not applicable to lots temporarily imported for re-export): a/ Inspection agencies shall take samples to test food safety at locations ah-eady registered under the methods specified in Articles 9, 10 and 11 of this Circular; b/ Sampling must ensure representation of imports and be random among inspected import lots. 4. A record of dossier examination and visual inspection and sampling shall be made according to the form provided in Appendix 4 to this Circular. Article 18. Grant of certificates of food safety inspection 1. A certificate of food safety inspection for an import lot shall be granted within 1 (one) working day: a/ After receiving a complete registration dossier, for the cases defined at Point a, Clause 2, Article 9, and Clause 2 and Point a, Clause 3, Article 10, of this Circular; b/ After the analysis result of an appointed lab shows satisfaction of requirements, for the cases defined at Point b, Clause 3, Article 10 of this Circular. 2. An import lot failing to meet food safety requirements shall be notified (according to the form provided in Appendix 6 to this Circular) within 1 (one) working day after the inspection result is available. 3. The time for taking and sending samples, testing and notifying results must not exceed 10 working days. Article 19. Inspection contents of imports circulated in the market 1. To inspect preservation conditions, packages, labels (if any) of goods circulated in the market under assignment prescribed in Clause 2, Article 7 of this Circular. 2. To inspect information and origin of import lots. 3. To take and send goods samples to the testing agency assigned to analyze food safety nonns when detecting signs of violations or having doubts about food safety or at the request of competent state agencies. 4. To trace origin, recall and handle violating lots in accordance with Circular No. 74/2011/TT-BNNPTNT of October 30, 2011, on traceability, recall and handling of unsafe agricultural and forest food under the management of the Ministry of Agriculture and Rural Development. © Vietnam Law and Legal F ornm ISSU(' nos 01-03/Aplil 2015 OFFICIAL GAZETTE 61 ChapterV METHODS OF HANDLING OF VIOLATIONS OF FOOD SAFETY REGULATIONS Article 20. For import lots 1. To force re-export or destmction of import lots seriously violating food safety regulations. 2. To change the use purpose of import lots detected to violate food safety regulations which, however, may be used for other purposes without harming human health. 3. To request the competent food safety agency of an exporting country to join investigating causes and working out appropriate remedies. 4 . To notify and coordinate with related domestic functional agencies in requesting importers to recall and handle and supervise the handling of import lots seriously violating food safety regulations. 5. To publish in the mass media cases seriously violating food safety regulations which are subject to traceability and recall and to guide consumers in preventive measures. Article 21. For exporting countr·ies 1. To suspend imports from an exporting country in the following cases: a/ As prescribed at Point a, Clause 4, Article 10 of this Circular; b/ The inspection result prescribed in Article 15 shows that the food safety control system of the exporting country fails to fully meet the prescribed requirements; c/ The exporting country fails to neither cooperate with nor facilitate competent Vietnamese agencies in conducting inspection according to Article 15 of this Circular·. 2. An exporting country may resume its export of goods to Vietnam only when the inspection result prescribed in Article 15 shows that the competent agency of the exporting country has worked out food safety control measures fully meeting the prescribed requirements. 3. The Minister of Agriculture and Rural Development shall, at the proposal of the directors of the Plant Protection Department and the National Agro-Forestry-Fisheries Quality Assurance Depariment, decide to suspend the impori, or permit the resumption of export to Vietnam, of goods of plant origin as follows: a/ A decision on import suspension shall take effect aBer 60 (sixty) days after the date of its signing which is the deadline for performing food safety inspection procedures for import lots to Vietnam; bl A decision on impori resumption shall take effect on the date of its signing which is the deadline for starting food safety inspection procedures for impori lots to Vietnam; c/ Within 3 (three) working days, a decision on impori suspension or import resumption to Vietnam shall be notified to the competent food safety agency of an exporiing country and updated on the website of the National Agro-Forestry-Fisheries Quality Assurance Depa1iment ( www.nafiqad.gov.vn) . © Vietnam Law and Legal F 01um 62 OFFICIAL GAZETTE Issue nos 01-03/Aptil 2015 Chapter VI RESPONSIBILITIES AND POWERS Article 22. Responsibilities of inspection agencies 1. Inspection agencies at border gates and storing yards: al To inspect and grant a certificate of food safety inspection or a notice of ineligibility for food safety for impo11s in accordance with Chapter IV of this Circular; bl To notify accurately, objectively and trnthfully and strictly comply with the process of inspection and sampling of goods for testing under regulations; cl To coordinate with customs offices in inspecting impo11s, handling and supervising the handling of violations of food safety regulations in accordance with law; d/ Within 1 (one) working day after detecting impo11 lots violating food safety regulations, to notify such to the Plant Protection Depai1ment for summarization and repo1ting to the Ministry of Agriculture and Rural Development (via the National Agro-Forestry-Fisheries Quality Assurance Depaitment) ; el To collect chai·ges and fees under regulations. 2. Agencies inspecting and supervising goods circulated in the mai·ket under assignment and decenti-alization: a/ To conduct food safety inspection and supervision of impo1ts circulated in localities according to A1ticle 19 of this Circular; bl To promptly repo11 to provincial-level Agriculture and Rural Development Depa11ments on circulated imports in localities violating food safety regulations; cl To ti·ace, recall and handle impo1t lots failing to meet food safety requirements according to Circular No. 7412011/TT-BNNPTNT of October 30, 2011, after being notified that those impo1t lots seriously violate food safety regulations. 3. Food safety inspection agencies in expo11ing countries: a/To elaborate inspection plans and conduct food safety inspection in an expo11ing country after the Ministry of Agriculture and Rural Development promulgates a decision establishing an inspection team; bl To coordinate with the competent agency of the exporting country in conducting inspection; cl To repo1t inspection results to the Ministry of Agriculture and Rural Development within 15 days after completing an inspection in the exporting country; d/To notify inspection results to the competent agency of the expo11ing country according to Al1icle 15 of this Circulai·. Article 23. Powers of inspection agencies 1. To request organizations and individuals to supply relevant documents and dossiers for inspection. 2. To conduct inspection and take samples of imports according to the method and order and procedures prescribed in this Circular. © Vietnam Law and Legal F ornm ISSU(' nos 01-03/Aplil 2015 OFFICIAL GAZETTE 63 3. To decide on remedies and supervise the handling of import lots failing to meet import requirements. Article 24. Responsibilities of importers 1. To register for food safety inspection according to Article 16 of this Circular. 2. To create conditions for inspection agencies' staff to inspect, take samples for testing and supervise goods according to regulations. 3. To fully provide relevant dossiers and specimens for inspection and origin traceability. 4. To comply with handling decisions and be subject to supervision by inspection agencies. 5. To trace, recall and handle import lots failing to meet food safety requirements according to Circular No. 74/2011/TT-BNNPTNT of October 30, 2011, when being notified that imp01t lots seriously violate food safety regulations. 6. To pay inspection and testing charges and fees under cmTentregulations of the Ministiy of Finance and pay for actual expenses for handling imp01t lots failing to meet food safety regulations. 7. To take responsibility for preserving impo1ts pending the conclusion of inspection of lots as prescribed at Point b, Clause 3, A1ticle 10 of this Circular or pending the issuance of handling decisions of competent agencies. Article 25. Rights of importers 1. To request inspection agencies to reconsider inspection results. 2. To lodge and settle complaints and denunciations in accordance with the laws on complaints and denunciations. Chapter VII ORGANIZATION OF IMPLEMENTATION Article 26. The National Agro-Forestiy-Fisheries Quality Assurance Depa1tment 1. To receive dossiers of registration for exporting goods to Vietnam from competent agencies of exporting countries; to exchange information and notify inspection plans (in case of necessity) to competent agencies of exporting counti-ies and submit to the Ministiy of Agriculture and Rural Development for promulgation of a decision establishing a Vietnamese inspection team to conduct inspection in an exporting country. 2. To assume the prime responsibility for, and coordinate with the Plant Protection Deprutment in: a/ Proposing the Minister of Agriculture and Rural Development to announce the list of countries assessed by Vietnam for mutual recognition and the list of countries registering to expo1t food of plant origin to Vietnam; deciding on cases of import suspension or pennitting resumption of the import of goods of plant origin to Vietnam. Notifying competent agencies of expo1ting counti·ies of impo1t lots failing to meet food safety requirements and requesting coordination in investing causes and working out appropriate remedies. © Vietnam Law and Legal F 01um 64 OFFICIAL GAZETTE Issue nos 01-03/Aptil 2015 bl Inspecting food safety control systems and conditions assuring food safety of goods manufacturers in exporting countries; cl To trace, recall and handle import lots seriously violating food safety regulations. 3. To rep01i ammally or iiTegularly (upon request) to the Ministry of Agriculture and Rural Development on the situation of food safety inspection of imports. 4. To annually elaborate plans, make cost estimates and settlement of funds (allocated by the state budget) for food safety inspection for exporting countries and impo1is under the assignment regarding contents for which charges and fees must not be collected and include them into the annual general estimate and settlement of the Ministry of Agriculture and Rural Development in accordance with the Law on the State Budget and guiding documents. Article 27. The Plant Protection Depaiiment 1. To assume the prime responsibility for, and coordinate with related competent agencies in, dete1mining impo1is seriously violating food safety regulations. 2. To dii·ect and supervise inspection agencies at border gates or storing yards: a/ To inspect imports with inspection methods prescribed in this Cii·cular; bl To grant certificates of food safety inspection, or notify impo1i lots failing to meet food safety requirements according to Aliicle 18 of this Circular; cl To coordinate with related agencies in handling lots failing to assure food safety and supervise the implementation. 3. To guide units assigned by the provincial-level Agriculture and Rural Development Depa1iment to conduct food safety inspection and supervision of impo1ts cii·culated in the market. 4. To timely send a repo1i to the Ministry of Agriculture and Rural Development (via the National Agro-Forestry-Fisheries Quality Assurance Department) when: a/ Detecting an impo1i lot violating food safety regulations for coordination in traceability, recall and handling of the impo1i lot seriously violating food safety regulations and warning to the competent agency of an expo1iing country; bl Proposing suspension from impo1i of goods into Vietnam for the case specified at Point a, Clause 4, Article 10 of this Cii·cular. 5. To repo1i annually or iiTegularly (upon request) on the situation of food safety inspection of impo1is to the Ministry of Agriculture and Rural Development (via the National Agro-Forestiy Fisheries Quality Assurance Depa1iment). 6. To coordinate with the National Agro-Forestry-Fisheries Quality Assurance Depaiiment in canying out the activities provided in Clause 2, Aliicle 26 of this Circular·. 7. To annually elaborate plans, make cost estimates and settlement of funds (allocated by the state budget) for food safety inspection of impo1ts under the assignment regarding contents for which charges and fees must not be collected and include them into the annual general estimate and settlement of the Ministry of Agriculture and Rural Development in accordance with the Law on the State Budget and guiding documents. © Vietnam Law and Legal F ornm ISSU(' nos 01-03/Aplil 2015 OFFICIAL GAZETTE 65 Article 28. Provincial-level Agriculture and Rural Development Depa1iments 1. To guide their assigned units to conduct food safety inspection and supervision of imports circulated on the market. 2/ To timely repo1t to the National Agro-Forestry-Fisheries Quality Assurance Depaitment and the Plant Protection Depaiiment on cases of imports circulated in their localities violating food safety regulations. 3. To coordinate with relevant agencies in organizing traceability, recall and handling of impo1t lots failing to assure food safety and supervise the implementation. 4. To annually or irregularly (upon request) send reports on food safety inspection and supervision results of imports circulated in their localities to the Plant Protection Department for summarization and reporting to the Ministry of Agriculture and Rural Development. 5. To annually elaborate plans and cost estimates for food safety inspection and supervision of impo1ts under assigmnent and subinit them to competent authorities for approval and fund allocation. Chapter VIII IMPLEMENTATION PROVISIONS Article 29. Effect 1. This Circular takes effect on May 5, 2015. 2. This Circulai·replaces Circulai·No. 13/ 2011/TT-BNNPTNTofMai·ch 16, 2011, guiding food safety inspection of impo1ts of plant origin, Circular No. 05/2013/ TT-BNNPTNT of Januaiy 21, 2013, amending and supplementing a number of articles of Circular No. 13/2011/ TT-BNNPTNT of Mai·ch 16, 2011, guiding food safety inspection of imports of plant origin, and consolidated Document No. 03NBHN-BNNPTNT of December 19, 2013, guiding food safety inspection of imports of plant origin. 3. Countries with appraised dossiers and recognized to expo1i goods of plant origin to Vietnam according to Circular No. 13/2011/TT-BNNPTNT ofMai·ch 16, 2011, and Circular No. 05/2013/TT-BNNPTNT of Januaiy 21, 2013, amending and supplementing a number of a1ticles of Circulai· No. 13/2011/TT-BNNPTNT ofMai·ch 16, 2011, remain to be recognized when this Circular takes effect. 4. In the course of implementation, any problems should be repo1ted to the Minishy of Agriculture and Rural Development (via the National Agro-Forestry-Fisheries Quality Assurance Depaitment and the Plant Protection Department) for consideration, modification and supplementation. Minister of Agriculture and Rural Development CAODUCPHAT © Vietnam Law and Legal F 01um