Circular No. 29/2012/TT-BCT providing the grant and revocation of food safety certificates for establishments under the management of the Ministry of Industry and Trade

10 Issue nos 03-05/November 2012 (COng Bao nos 647-648/Norember (17, 2012) defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; Pursuant to the Government's Decree No. 44/2011/ND-CP of June 14, 2011, amending and supplementing Article 3 of the Government's Decree No. 189/2007/ND-CF of December 27, 2007, defining the Jiinctions, tasks, powers ond organizational structure of the Ministry of Industry and Trade: Pursuant to June 17, 2010 Law No. 55/ 2010/QH12 on Food Safety: Pursuant to the Government is Decree Na. 38/2012/ND-0" of April 23, 2012, detailing a number of articles of the Laic on Food Safety; The Minister of industry and Trade promulgates the Circular to provide the grant and revocation of food safety certificates for establishments under the Inaltagement 4 the Ministry of Industn , and Trade as follows: Chapter I THE MINISTRY OF INDUSTRY AND GENERAL PROVISIONS TRADE Article 1. Scope of regulation Circular No. 29/2012/TT-BCT of October 5, 2012, providing the grant and revocation of food safety certificates for establishments under the management of the Ministry of Industry and Trade Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, This Circular provides dossiers of application for food safety certificates for establishments (below referred to as dossiers), procedures and competence to grant and revoke food safety certificates (below referred to as certificates) for organizations and individuals (below referred to as establishments) producing or trading in liquor, beer, beverages, processed milk, vegetable oi I, Issue nos 03-05/November 2012 11 (Cong Bac) nos 647-648/November 07, 2012) products processed from flour and starch, and confectionery; food-packaging tools and food packages and containers under the management of the Ministry of Industry and Trade. Article 2. Subjects of application 1. This Circular applies to establishments producing or trading in food products, food packaging tools and food packages and containers under the management of the Ministry of Industry and Trade, except the cases specified in Clause 2 of this Article. 2. Establishments not subject to the grant of certificates: a/ Small-sized preliminary producers which each have 1 or 2 laborers directly engaged in production; b/ Small-sized food traders which each have 1 or 2 employees directly engaged in trading; c/ Street vendors; bound into 1 volume (2 sets), comprising: 1. An application for food safety certificate, made according to the form provided in Appendix 1 to this Circular; 2. A notarized copy of the business registration certificate stating a food production or trading line; 3. An explanatory report on physical foundations, equipment and tools satisfying food safety conditions, made according to Appendix 2 or 3 to this Circular; 4. The original or a certified copy of the certificate of training in food safety and hygiene knowledge of the establishment's owner and persons directly engaged in food production or trading, or a list of the establishment's staff directly engaged in food production or trading issued by a competent agency which is assigned by the Ministry of Industry and Trade under regulations; d/ Traders of prepacked food subject to no 5. The original or a certified copy of the special preservation conditions under health certificate of the establishment's owner regulations. Chapter II DOSSIERS, PROCEDURES AND COMPETENCE TO GRANT AND REVOKE FOOD SAFETY CERTIFICATES FOR ESTABLISHMENTS and persons directly engaged in food production or trading, or a list of the establishment's staff directly engaged in food production or trading issued by a district- or higher-level health establishment under regulations. Article 4. Receipt and evaluation of the Article 3. Dossiers of application for validity of dossiers certificates 1. Receipt and evaluation of the validity of A dossier of application for a certificate is dossiers 12 Issue nos 03-05/November 2012 (COng Bao nos 647-648/November 07, 2012) Within 5 (five) working days after receiving a dossier, a competent agency specified in Article 8 of this Circular shall evaluate the validity of such dossier under regulations. For an invalid dossier, the competent agency shall inform such in writing to the applicant for dossier supplementation. The time for dossier supplementation is not counted into the time limit for dossier evaluation. 2. Formation of an evaluation team a/ Within 15 (fifteen) working days after receiving a complete and valid dossier, a competent agency shall evaluate the dossier and conduct a field examination at the establishment. b/ A team for evaluating a dossier and conducting a field examination at an establishment shall be formed under a decision of an agency competent to grant certificate, or an agency authorized to evaluate the dossier, composed of between 3 and 5 members, of whom at least two-thirds are those specialized in food safety or specialized food safety inspectors (other relevant experts may be invited to join the evaluation team). 3. Contents of evaluation To examine information and evaluate the legality of dossiers of application for certificate against the original dossiers kept at establishments as prescribed. Conditions for food safety assurance as prescribed. a/ Evaluation results must indicate "pass" or "failure" in the written record of evaluation of food safety conditions for food producers according to Appendix 4 or the written record of food safety conditions for food traders according to Appendix 5 to this Circular in conformity with the establishments' registered type of production or trading. b/ For case of failure, the reasons and the time limit for re-evaluation (up to 3 months) must be clearly stated. When satisfying the requirements of the evaluation team as indicated in the evaluation written record, the establishment shall report its remedy results according to Appendix 6 to this Circular to a competent agency for re-evaluation under Clause 1 of this Article. If re-evaluation results are still failure, the evaluation team shall make a written record thereof and propose a competent agency not to grant a certificate or suspend the establishment's operation for application for re-grant. An evaluation written record must be made in 2 copies of the same value, one to be kept by the evaluation team and the other by the establishment's owner. Article 5. Grant and re-grant of certificates 1. Grant of certificates a/ Within 5 working days after obtaining evaluation results of "pass', a competent agency shall grant a certificate to the applicant according to Appendix 7 or 8 to this Circular; 4. Results of evaluation b/ A dossier of application for certificate Issue nos 03-05/November 2012 13 (Gang Bac) no) 647 -648/Noyember 07 2012) must be preserved at the establishment and the shall reply in writing clearly stating the reason. agency competent to grant certificate, including: Dossier of application for certificate: the original preserved at the establishment and the copy preserved in the agency competent to grant the certificate: The decision on formation of the evaluation team and the letter of authorization (for case of authorized evaluation): The evaluation written record of the evaluation team indicating "pass" results; Food safety certificate. 2. Re-grant of certificates 3. A certificate is valid for 3 (three) years. Article 6. Charges and fees for the grant of certificates I. Establishments applying for certificate shall pay charges for application dossier evaluation and grant of certificates under the law on charges and fees. 2. The management of charges and fees for examination complies with current regulations. Article 7. Competence to grant certificates 1. Grant of certificates for food producers a/ At least 6 months before the expiration and processors: date of a certificate, if the establishment wishes a/ The Ministry of Industry and Trade mav to continue its production or trading, it shall grant certificates for establishments producing submit an application dossier according to food products ‘vithin a designed capacity Appendix 9 to this Circular. Dossiers and procedures for re-grant of certificates comply )vith Articles 3. 4 and 5 of this Circular. b/ If its granted certificate is lost, mislaid or damaged. the food producer or trader shall submit an application for re-grant of certificate, made according to Appendix 9 to this Circular, to the agency competent to grant certificate for considering re-grant. Within 5 (five) working days after receiving a valid application dossier, based on preserved documents, the agency competent to grant certificate shall consider and re-grant the Liquor: At least 3,000.000 liters/year; Beer: At least 50.000,0(10 liters/year; Beverages: At least 20,000.000 liters/year; Processed milk: At least 20.000 liters/year: Vegetable oil: At least 50.000 tons/year; Confectionary: At least 20,000 tons/year: Flour and starch: At least 100.000 tons/ year: Food-packaging tools and food packages and containers. b/ Provincial-level Departments of Industry certificate to the establishment. In case of and Trade may grant certi ficates to refusal to re-grant the certificate, the agency establishments producing food products under 14 Issue nos 03-05/November 2012 (COng Sao nos 647-648/Noi 0111)0 07 2012) the management of the Ministry of Industry and Trade in their localities with a designed capacity lower than that of establishments specified at Point a, Clause 1 of this Article. 2. Grant of certificates for food traders: a/ Thc Ministry of Industry and Trade may grant certificates to trading establishments of food producers with production capacity and products specified at Point a. Clause 1 of this Article; food trading establishments of wholesale traders or agents operating in 2 provinces and centrally run cities. b/ Provincial-level Departments of Industry and Trade may grant certificates for food trading establishments of wholesale administrative violations in the field of food safety. 2. Competence to revoke certificates a/An agency competent to grant a certificate may revoke that certificate. b/ A superior competent agency may examine. inspect and revoke certificates granted by its subordinate competent agencies in case of detecting a serious violation of food safety conditions by the establishments. Chapter III RESPONSIBILITIES OF RELATED PARTIES traders or agents operating in one province Article 9. Responsibilities of agencies or centrally run city: food retailers in such competent to grant certificates province or city and trading establishments of Agencies competent to grant certificates producers with production capacity, products specified in Article 7 shall: and locations specified at Point b, Clause 1 of 1. Grant food safety certificates for this Article. establishments specified in Article 2 of this Article 8. Revocation of certificates Circular under regulations. 1. Cases of revocation 2. Preserve dossiers of application for certificates under regulations. A food producer or trader has its food safety 3. Coordinate with related agencies in certificate revoked in the following cases: conducting inspection and examination NA hen a/ It fails to operate in the registered food receiving a complaint or denunciation. or business line, detecting a sign of violation of food hygiene b/ There is a decision of a competent state agency on change of business line of the former establishment. c/ It is deprived of the right to use the certificate under the law on sanctioning of and safety conditions under regulations. Article 10. Responsibilities of certificate applicants I. To apply for certificates under the order Issue nos 03-05/November 2012 15 (Gang Bao nos 647-648/November 07, 2012) and procedures provided in this Circular 2. To create all favorable conditions for evaluation teams to conduct evaluation at establishments. 3. To preserve dossiers of application for certificates under regulations. 4. To pay charges and fees for the evaluation and grant of certificates under the law on charges and fees. Chapter IV ORGANIZATION OF IMPLEMENTATION AND EFFECT Article 11. Organization of implementation I. The Ministry of Industry and Trade shall assign: a/ The Department of Science and Technology to act as a focal point for receiving dossiers, evaluating the validity of dossiers and proposing the leadership of the Ministry of Industry and Trade to consider granting certificates for establishments producing and processing food products within designed capacity as specified at Point a, Clause 1, Article 7 of this Circular; and guide the implementation of this Circular nationwide. h/ The Department of Domestic Market to act a focal point for receiving dossiers, evaluating the validity of dossiers and proposing the leadership of the Ministry of Industry and Trade to consider granting certificates for food traders specified at Point a, Clause 2, Article 7 of this Circular. 2. Provincial-level Departments of Industry and Trade shall guide the implementation of this Circular in their localities. Article 12. Effect 1. This Circular takes effect on November 19, 2012. 2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Industry and Trade for consideration and settlement. For the Minister of Industry and Trade Deputy Minister NGUYEN CAM TU * All appendices to this Circular are not translated.