Circular No. 25/2010/TT-BNNPTNT guiding the food hygiene and safety inspection of imports of animal origin

64 OFFICIAL GAZETTE Issue nos 1o-121April2010 (Gong Bao nos 193-1941Apri128, 2010) THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT Circular No. 25/2010(fT-BNNPTNT of April S, 2010, guiding the food hygiene and safety inspection of imports of animal origin Pursuantto the Government's Decree No. all 2008/ND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure ofthe Ministry ofAgriculture and Rural Development; and the Government's Decree No. 7512009/ND-CP a/September10, 2009, amending Article 30jthe Government's DecreeNo. Ulf2()()8! ND-CPofJanuary 3,2008, defining thefunctions, tasks, powers and organizational structure of the Ministry ojAgriculture and Rural Development; Pursuant 10 Food Hygiene and Safety Ordinance No. J2I2003IPL·UBTVQH, which was passed on July 26) 2003,p by the National © VIETNAM LAW & LEGAL FORUM Issue nos 1o..121April 2010 (Gong Beo nos 193-1941ApriI28, 2010) OFFICIAL GAZETTE 65 Assembly Standing Committee; Pursuant to Animal Health Ordinance No. lSI 2004IPL-UBTVQH, which was passed on April 29, 2004, by the National Assembly Standing Committee; Pursuant to the Government's Decree No. 16JI2004/ND-CPofSeptember 7, 2004, detailing a number ofarticles of the Ordinance on Food Hygiene and Safety; Pursuant to the Government's Decree No. 79/ 2008/ND-CP of July 18, 2008, stipulating the organizational system of jood hygiene and safety management, inspection and testing; Pursuant to the Government's Decree Nu. 33/ 2005/ND-CP of March 15, 2005, detailing a number of articles of the Animal Health Ordinance; and the Government's Decree No. Jl9/2008/ND-CP of November 28, 2008, amending and supplementing a number of articles ofthe Government's Decree No. 33120051 ND-CP of March 15, 2005, detailing a number ojartictes of the Animal Health Ordinance; The Ministry of Agriculture and Rural Development guides the food hygiene and wJety inspection of imports of animal origin under its management as follows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation 1. This Circular guides the food hygiene and safetyinspection of imports ofanimal originunder the Ministry of Agriculture and Rural Development's management, which includefood products of terrestrial and aquatic animal origin. and responsibilities and powers of involved parties. 2. This Circular does not regulate the quarantine of animals and animal products. Article 2. Subjects of application This Circular applies to domestic and overseas manufacturers and traders of food productsof animaloriginimportedinto Vietnam. Article 3. Importsof animal origin free from food hygiene and safety inspection 1. Hand-carried goods for personal consumption, foodbeinggiftsanddiplomatic and consular packages as defined hy law; 2. Transit goods; 3. Goods stored at bonded warehouses. Article 4. Interpretationof terms Tn this Circular, the terms helow are.construed as follows: 1. Food hygieneand safety meansnecessary conditions and measures to ensure that food be harmless to the health and life of users. 2. inspection of the food hygiene and safety control system meansexaminationof the system of legal documents on and organizational apparatus andcapacity offood hygiene andsafety control bodies of exporting countries. 3. Import lot means the quantity uf products registered for inspection at one time. 4. Lot for inspection means the qaantity of goods of thesametypeandthesamemanufacturer or trader registered for inspection at 0lIe time. Article 5. Requirements on an import Jot 1. To be manufactured by a manufacturer which is recognized by a competent Vietnamese agency as fully meetingfood hygiene and safety requirements under Vietnam law; 2. To be accompanied by a certificate of compliance with food hygiene and safety © VIETNAM LAW &LEGAL FORUM 66 OFFICIAL GAZETTE Issue nos 10·121April 2010 (G6ng BaD nos 193·1941April 28, 2010) regulations issued by a competent body of the exporting country (except aquatic animals which are caught and processed at sea by foreign fishing vessels and sold directly to Vietnam); 3. To he produced or sold in Vietnam only after it is inspected at a border gate or storage yard by a competent Vietnamese inspection agency and obtains a certificate or notice of proper food hygiene and safety. Article 6. Inspection principles 1. Inspection in exporting countries: To inspect food hygiene and safety control systems of exporting countries and food hygiene and safety conditions of registered Vietnam-bound exporters; 2. All lots of food imports of animal origin are subject to examination of registration dossiers and visual and sensory inspection. Sampling for analysis of food hygiene and safety criteria complies with Article 14 of this Circular. Article 7. Inspection grounds 1. Inspection grounds are Vietnam's regulations and relevant national technical regulations corresponding to each type of manufacturers, products Or product groups registered for export to Vietnam. 2. WJ1en Vietnam has signed bilateral treaties or agreements with exporting countries, those treaties or agreements shall be complied with. Artide 8. Inspection and control agencies I. Agencies conducting inspection in exporting countries: The National Agro-Forestry-Fisheries Quality Assurance Department shall assume the prime responsibility for, and coordinate with the Animal Health Department and concerned agencies in, conducting such inspection. 2. Agencies conducting inspection at border gates: units under or authorized by the Animal Health Department. 3. Agencies conducting inspection at storage yards and issuing certificates or notices of food hygiene and safety quality: a! For terrestrial animal products: units under or authorized by the Animal Health Department. bl For aquatic animal products; units under or authorized by the National Agro-Forestry Fisheries Quality Assurance Department. 4. Agencies inspecting and controlling products on market sale: al Animal Health Sub-Departments of provinces and centrally run cities shall inspect and control lots of imported terrestrial animal products within the control program provided in the Agriculture and Rural Development Ministry's Circular No. 0512010m-BNN of January 22, 2010, guiding the hygiene and safety inspection and control of agricultural food before market sale. bl Agro-Forestry-Fisheries Quality Assurance Sub-Departments of provinces and centrally run cities or units assigned by provincial-level Agriculture and Rural Development Departments to manage agro-forestry and aquatic product quality shall inspect and control imported aquatic animal products within the control program provided in the Agriculture and Rural Development Ministry'S Circular No. 56/20091 TT-BNN of September 7, 2009, guidiug the hygiene and safety inspection and control of aquatic food before market sale. Chapter II FOOD HYGIENE AND SAFETY INSPECTION IN EXPORTING COUNTRIES Article 9. Registration dossiers The competent body of an exporting country shall submit registration dossiers to the National Agro-Forestry-Fisheries Quality Assurance Department. A dossier comprises: © VIETNAM LAW & LEGAL FORUM Issue nos10·121April2010 (Gong Baanos 193·1941ApriI28, 2010) OFFICIAL GAZETTE 67 Alist of registered Vietnam-bound exporters, made according to a form provided in Appendix 1 to this Circular (nut priflll:d herein), Information on the food hygiene and safety control system and capacity of the competent body of the exporting country, made according to a form provided in Appendix 2 to this Circular (nut primed herein), Brief information of food hygiene and safety conditions ofexporters, made according to a form provided in Appendix 3 to this Circular (not printed herein). Article 10. Verification of registration dossiers Within 30 working days after receiving a complete registration dossier and list ofexporters of the competent body of an exporting country, the National Agro-Forestry-Fisheries Quality Assurance Department shall assume the prime responsibility for, and coordinate with theAnimal Health Department in, verifying the dossier, notify that body of verification results and the inspection plan when inspection in the exporting country is required. Adide 11. Inspection contents 1. The legal system on food hygiene and safety management and control; 2. Capacity of the food hygiene and safety control body of the exporting country; 3. Food hygiene and safety conditions of registered Vietnam-bound exporters. Article 12. Inspection modes t. First-time inspection: To inspect the food hygiene and safety control system and food hygiene and safety conditions of exporters of an exporting country to recognize their export to Vietnam. 2. Supervisory inspection: To inspect the maintenance of the food hygiene and safety control system of an exporting country and food hygiene ami safety ccmlitions of recognized exporters. Article 13. Processing of inspection results and announcement of lists of eligible Vietnam bound exporters 1. When physical inspection in an exporting country is not required, the National Agro Forestry-Fisheries Quality Assurance Department shall announce inspection results together with a list of eligible Vietnam-bound exporters. 2. When physical inspection in an exporting country is required, within 30 working days after concluding an inspection in the exporting country, the National Agro-Forestry-Fisheries Quality Assurance Department shall process and announce inspection results together with a list of eligible Vietnam-bound exporters. When inspection results show that food hygiene and safety requirements are not fully met. the National Agro-Forestry-Fisheries Quality Assurance Department shall notify such and clearly state the reasons for ineligible Vietnam-bound exporters. 3. When wishing to add Vietnam-bound exporters. the competent body of an exporting country shall submit a dossier under Article 9 of this Circular to a competent Vietnamese agency for consideration (dossier verification or physical inspection in the exporting country) andaddition to the list of eligible Vietnam-bound exporters. Chapter III FOOD HYGIENE AND SAFETY INSPECTION OF IMPORT LOTS IN VIETNAM Article 14. Inspection contents. order and procedures © VIETNAM LAW & LEGAL FORUM 68 OFFICIAL GAZETTE Issue nos 10.12fApriI2010 (Gong Bao nos 193-194/ApriI28, 2010) 1. For lots of aquatic animal products: To comply with the Agriculture and Rural Development Ministry's Decision No. 11812008/ QD-BNN of December 11, 2008. promulgating the Regulation on inspection and certification of quality and food hygiene and safety of aquatic products, and Circular No. 78/2009m-BNN of December 10. 2009. on inspection and sampling for testing of aquatic product lots, and relevant laws. 2. For lots of terrestrial animal products: To comply with the Agriculture and Rural Development Ministry's Decision No. 86120051 QD-BNN of December 26, 2005, promulgating dossier forms of animal and animal product quarantine and veterinary hygiene inspection; Decision No. 1512006/QD-BNN of March 8, 2006, providing the process and procedures for quarantine of animal and animal products and veterinary hygiene inspection; and Circular No. 1l/2009rrT-BNN of March 4, 2009, amending and supplementing a number of provisions on the process and procedures for quarantine of animals and animal products and veterinary hygiene inspection promulgated together with Decision No. 15/2006/QD-BNN of March 8, 2006, and relevant laws. Article 15. Inspection and control of goods on market sale I. To dleck the origin of import lots; 2. To inspect conditions of preservation, division, packing and circulation in the market; 3. To take and send samples to laboratories designated to analyze food hygiene and safety criteria when detecting elements of violation or doubtful about food hygiene and safety or upon request of line management departments. Chapter IV MEASURES TO HANDLE VIOLATIONS OF FOOD HYGIENE AND SAFETY REGULATIONS Article 16. For import lots 1. Depending on the severity of violation of food hygiene and safety regulations. to handle them under law and apply appropriate measures such as forced re-export or destruction. 2. To notify competent bodies of exporting countries of violations and request them to find out causes and Lake remedies. Article 17. For exporters 1.To suspend inspected exporters that fail to fully meet Vietnam's food hygiene and safety requirements from export to Vietnam. 2. To permit exporters to resume their export to Vietnam if subsequent inspection results show that they fully meet Vietnam's food hygiene and safety requirements. Article 18. For exporting countries I. To suspend the import of products of an exporting country when inspection results show that this country's food hygiene and safety control system fails to comply with Vietnam's regulations. 2. To permit a country to resume its export to Vietnam when subsequent inspection results show that this country's food hygiene and safety control system fully meets Vietnam's requirements. Chapter V CHARGES, FEES AND FUNDS FOR IMPLEMENTATION Article 19. Charges and fees © VIETNAM LAW & LEGAL FORUM Issue nos 10·12/Apri12010 (Cong Bao nos 193·1941April 28,2010) OFFICIAL GAZETTE 69 1. Border-gate inspection agencies shall collect charges and fees for the inspection and cer tification of registered import IlJlS under the Ministry of Finance's current regulations. 2. Inspection agencies issuing certificates or notices of food hygiene and safety quality shall collect inspection charges and fees for the issuance of notices of fuod hygiene and safely quality of import lots under the Ministry of Finance's current regulations. Article 20. Funds for implementation 1. Funds for inspection in exporting countries shall be allocated from the state budget. The National Agro-Foresrry-Fisheries Quality Assurance Department shall assume the prime responsibility for. and coordinate with the Animal Health Department in. elaborating plans and estimating costs for annual inspection in exporting countries and submitting them to competent authorities for approval. 2. Funds for inspection and control of products on market sale shall he allocated from the state budget. Inspection and control agencies shall elaborate plans and estimate costs for annual implementation and submit them to competent authorities for approval. Chapter VI ORGANIZATION OF IMPLEMENTATION Article 21. The National Agro-Forestry Fisheries Quality Assurance Department 1. To be the focal point for receiving from competent bodies of exporting countries dossiers uf Iuod hyg,icllc and safely assurance of registered exporters of products of animal origin; to exchange information and reach agreement on inspection plans with competent bodies of exporting countries and propose the Ministry to issue decisions to set up Vietnam teams to conduct inspection in exporting countries; 2. To announce lists of exporters of products of animal origin (of the exporting country) that assure food hygiene and safety; and those suspended from export to Vietnam; to inform and warn competent bodies of exporting countries of import lots failing to assure food hygiene and safety and request them to find out causes and take remedies. 3. To assume the prime responsibility for, and coordinate with the Animal Health Department in. elaborating questionnaires for competent bodies of exporting countries to provide answers and information before inspection visits to exporting countries; 4. To assume the prime responsibility for. tormulate plans and programs on, and conduct inspection of food hygiene and safety control systems and manufacturers and traders of products of animal origin in exporting countries. 5. To direct and supervise its attached units in conducting food hygiene and safety inspection and issuing certificates of assurance, or notices of non-assurance. of food hygiene and safety for import lots. 6. To assume the prime responsibility for, and coordinate with the Animal Health Department in. tracking down causes of non-assurance of hygiene and safety assurance of imported goods of animal origin. 7. To direct its attached units in coordinating with functional agencies according to their assignment in handling and supervising those failing to meet food hygiene and safety requirements. 8. To guide Agro-Forestry-Fisheries Quality Assurance SUb-Departments of provinces and centrally run cities or units assigned by © VIETNAM LAW & LEGAL FORUM 70 OFFICIAL GAZETTE Issue nos 10·12JApril2010 (Gong Baanos 193·194IApri/28, 2010) provincial-level Agriculture and Rural Development Departments to conduct food hygiene and safety iuspection and control of imported aquatic animal products circulated in the local market. 9. To annually or irregularly (upon request) report on food hygiene and safety inspection of imports of animal urigin. 10. Toannually elaborate plans and estimate costs to conduct food hygiene and safety inspection of imports free of charge and submit them to the Ministry of Agriculture and Rural Development for approval and fund allocation. Article 22. The Animal Health Department L To coordinate with the National Agro Forestry-Fisheries Quality Assurance Departrnent in inspecting food hygiene and safety control systems in exporting countries. 2. To assume the prime responsibility for conducting physical inspectionof manufacturers and traders of terrestrial animal products in exporting countries. 3. To direct and supervise its attached units in conductingfood hygieneand safety inspection and issuing certificates of assurance or notices of non-assurance of food hygiene and safety for import lots. 4. To coordinate with the National Agro Forestry-Fisheries Quality Assurance Department in tracking down causes of import lots' non-assurance of food hygiene and safety. 5. To coordinate with (he National Agro Forestry-Fisheries Quality Assurance Department in announcing lists of exporters of products of animal origin assuring food hygiene and safety and those suspended from export to Vietnam; to inform and warn competent bodies of exporting countries of import lots failing to assure food hygiene and safety and request them to find out causes and take remedies. 6. To direct its attached units in coordinating with functional agencies according to their assignment in handline and supervising the implementation. 7. Toguide Animal Health SUb-Departments of provincesand centrallyruncities inconducting hygiene and safety inspection and control of terrestrial animal products circulated in their localities. 8. To annually or irregularly (upon request) send reports on inspection results, issuance of certificates and noticesof food hygieneand safety quality of imports to the NationalAgro-Forestry Fisheries Quality Assurance Department for summarization and reporting to the Ministry. 9. To annually formulate plans and estimate costs for food hygiene and safety inspection of imports free of charge as assigned and submit them to the Ministry of Agriculture and Rural Development for approval and fund allocation. Article 23. Provincial-level Agriculture and Rural Development Departments 1.To direct Animal Health SUb-Departments and Agro-Forestry-Fisheries Quality Assurance Sub-Departments of provinces and centrally run cities or units assigned by provincial-level Agricultureand RuralDevelopmentDepartments to conduct food hygiene and safety inspection and controlof importsofanimalorigincirculated in their localities under the guidance of line management departments. 2.Todirecttheirattachedunitsin coordinating with functional agencies according to their assignment in handling violations (destruction, re-export) and supervising implementation 3. To annually or irregularly (upon request) © VIETNAM LAW & LEGAL FORUM Issue nos 10.121ApriI2010 (Gong BaD nos 193-1941ApriJ 28,2010) OFFICIAL GAZETTE 71 submit reports on hygiene and safety inspection and control of terrestrial animal products to the Animal HealthDepartmentandofaquatic animal based food, to the National Agro-Forestry Fisheries Quality Assurance Department for summarization and reporting to the Ministry. 4. To annually elaborate plans and estimate costs for food hygiene and safety inspection and control of imports of animal origin as assigned and submit them to competent authorities for approval and fund allocation. Article 24. Responsibilities of goods owners 1. To create conditions for inspectors of inspection ann control agencies to inspect, sample for analysis and control goods under regulations. 2. To circulate goods lots only when having obtained a certificate or notice of assurance of food hygiene and safety issued by a competent agency under regulations. 3. To observe handling (destruction, re export)decisionsand be supervised by competent agencies. 4. To provide related dossiers and specimens for inspection and trackingdownofgoodsorigin; 5. To pay inspection charges and fees under the Ministry ofFinance's current regulations and pay actual expenses for disposal of goods lots failing to assure food hygiene and safety. Article 25. Responsibilities of inspection teams in exporting countries; I. To inspect food hygieneand safetycontrol systems and food hygiene and safety conditions of exporters of exporting countries after the Ministry of Agricultureand Rural Development issues a decision to form an inspection team. 2. To coordinate with competent bodies of exporting countries in conducting inspection. 3. To report on inspection results of food hygiene and safety control systems and manufacturers and traders of animal food products of animal origin of exportingcountries to the Ministry of Agriculture and Rural Development within 15 days after concluding inspections in an exporting country. Chapter VII IMPLEMENTATION PROVISIONS Article 26. Effect This Circular takes effect on July 1, 2010. Article 27. Amendment and supplementation Any problems arising in the course of implemen-tation should bereported to tite Ministry of Agnculture and Rural Development tor consideration, amendment and supplementation. For the Minister of Agriculture and Rural Development Deputy Minister LUONG LE PHUONC © VIETNAM LAW & LEGAL FORUM