Order No. 20/2003/L-CTN promulgating the Ordinance on food hygiene and safety

OF'F\CIAL GAZETTE No. 138 (24-8-2003) THE STATE PRESIDENT ·· -··· ORDER No.20/2003/L-CTN OF AUGUST 7, 2003 PROMULGATING ORDINANCE THE PRESIDENT OF THE SOCIALIST REPUBUC OF VIETNAM Pursuant to A1tic/es 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No,51/2001/QH10 of December 25, 2001 of the )(lh National Assembly, the tdh session; Pursuant to Article 19 of the Law on Organization of the National Assembly; Pursuant to Article 51 of the Law on Promulgation of Legal Documents, HEREBY PROMULGATES: The Ordinance on Food Hygiene and Safety, which was passed on July 26, 2003 by the Standing Committee of the Xl th National Assembly of the Socialist Republic of Vietnam. President of the Socialist Republlc of Vietnam TRAN DUC LUONG State management over food hygiene and safety; Pursuant to the Socialist Republic of Vietnam's 1992 Constitution which .was amended and supplemented under Resohltion No.51/2001/0H10 of December 25, 2001 of the X 111 National Assembly, the 1 dh session; Pursuant to Resolution No, 12/2002/QH11 of December 16, 2002 of the X/ 111 National Assembly, the 2f!d session, on the law- and ordinance-making programs of the National Assembly tor the x11h Leg/stature (2002--2007) and 2003; This Ordinance prescribes food hygiene and safety. Chapter/ GENERAL PROVISIONS Article 1.-This Ordinance prescribes the assurance of food hygiene and safety in the process of food production and business; the prevention and overcoming of food poisoning and diseases transmitted via food. Article 2.~ Vietnamese organizations, households and individuals as well as 1oreign organizations and individuals, that are engaged in food production and business in the Vietnamese territory, must abide by the provisions of ~his o~d:~18.nce and other relevant provisions of law. In ca:;es where the international treaties which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of th is Ordinance, such international treaties sha!t apply. Article 3.~ In this Ordinance, the following terms and phrases are construed as follows: "1 . Food means the products which humans eat and/ ORDINANCE ON FOOD HYGIENE AND or drink in fresh, raw or processed, preserved forms. SAFETY (No. 12/2003/PL-UBTVOl-!11 of July 26, 2003} In ardor to protect human lives and health, maintain ,ind dave!op our race; to enhance llw efficiency of tho 2. Food hygiene and safety mean the necessary conrlitions and rneasums to ensure tt1at food shall not cause harms to human health and lives. a. Food p1oduction and business means the No. 138 (24-8-2003) OFFICIAL GAZETTE performance of one, several or all of the activities of cultivating, rearing, hnrvosting, fishing and catching, preliminarily proce~,sing, processing, packaging, preserving, transporting and/or trading in food. 4. Food-processing estabHshmenls mean e nte rp rises, house 11 o Ids, col I ect ive coo kh o uses, restaurants and other food-processing establishments. 5. Food poisoning means a pathological occurrence due to eating or drinking food which contain toxins. 6. Diseases transmitted via food mean those caused due to eating, drinking food contamlnated with pathogenic agents. 7. Food additf ves mean substances with or without nutritious values, which are added to food ingredients in the course of processing, treating, packaging and transporting food with a view to retaining or improving some characteristics of food. a. Food processing supports mean substances used in the course of processing food raw materials or food ingredients in order to perfect the food-treating or processing technologies. 9. Micro-nutrients mean vitamins, minerals with low contents necessary for the growth, development and sustainment of human body. 1 o. Functional foodm.J:lq.n those used to support the operation of body orga~s, Which have nutritious value and create ease for body and reduce pathogenic dangers. 11 . High-risk food mean those with high possibility of infiltration by biological, chemical and/or physic agents which affect the health of consumers. 12. Food preserved by radiation method are those radiated with sources of radioactive activity to preserve and prevent food from degeneration. 13. Gene means a section of chromosomal molecule playing tt1e role of detnrrn ining the t10redi ty of organism. 14. Genetically n JO( fifi~Jd foor i a1 o ti 1oso originating from 01"9anis1T1s 90110\i<:ally mod:fiud due to tile USfJ of genetic technology. 1. Food business is a conditional business. 2. Organizations, households and individuals producing and/or trading in food must be accountable for the hygiene and safety of the food they produce and/or trade in. Artic/e5. 1 . The State shall work out policies and measures 10 ensure food hygiene and sa1e1y with a v(ew lo protecting human lives and health. 2. The State shall encourage Vietnamese organizations, households and individuals as we/! as foreign organizations and individuais that are engaged in food production and business in the Vietnamese territory to apply advanced qualitycontrol system in order to ensure food hygiene and safety, 3. The State shall create conditions to expand international cooperation in ensuring food hygiene and safety. Article 6.· Vietnam Fatherland Front and its member organizations shall, with in the scope of their respective tasks and powers, have to propagate and mobilize peorle to implement and supervise the implernentati~ n. of the legislation on food hygiene and s'ai.:ity: · · Article 7.- Consumers shall have the right to be informed of food hygiene and safety, to select and use proper food; have the responsibility to observe food hygiene and safety, protect themselves in the use of food, fully comply with the guidance on food hygiene and safety; voluntarily report on food poisoning and diseases transmitted via food; complain about, denounce and detect acts of violatfng the !eg[sfation on food hygiene and safety in otde r to protect the Ilea Ith of theit· own and of the community. Article 8.- "lho followin~J acts are strictly forbidden: ·1 . Cultivalinq, renl'ing, harvo:;,tin(), fishing and c;ttch in q, p rci i rni n ar i ly p rnccss ing, proces,;in g, OFFICIAL GAZETTE No. ·138 (24·8·2003) packaging, preserving, transporting or trading in tood in contravention of !aw provisions. 2. Producing orlrading in: a) S1ale, rotten, degenerated, contaminated food which may cause harm to human lives and health; b) Food containlng toxins or contaminated with toxins; c) Food infected with pathogenic parasites, pathogenic micro-organisms or micro-organisms beyond the prescribed limits; d) Meat or products of meat, which have not gone through veterinary inspection or have been inspected but fail to meet the requirements; e) Cattle, poultry, aquatic resources, which die of diseases, poisoning or unclear causes; products processed from cattle, poultry and/or aquatic resour~es, which die of dfseases,poisoningor unclear causes; f) Food contaminated due to packing, containers which get dirty, broken or torn in the course of transportation; g) Food with expirnct use duration. 3. Proctudng and/or trading in an!mals and/or plants infected with pathogenic agents whioh may spread to humans, animals,. plants. 4. Producing and/or trading in food made of non 1ood raw materials or chemicals outs"ide the lists of those permitted for use. 5. Producing and/or trading in food additives, food• processing supports, micro•nutrients, functional food, high-risk food, food preserved by radiation method, genetica!ly modified food, without permision of competent State management bodies. 6. Using pol!uted means, means already us~;d for Ii ansportation of poisonou~ and l1azardous substaIIc0s to transport food. 7, Informing, advertising, labeling goods untrutr1ful!y or committing other d0ceptive acts mgardi119 iood hygiene and safety. Chapter II FOOD PRODUCTION AND TRADING Section 1. FRESHANDRAWFOOD PRODUCTION AND TRADING Article 9.~ Organizations, households and individuals that produce and/or trade in fresh and raw toad must ensure that the places where the food are reared, cultivated or traded in shall not be polluted by surrounding environments and must be isolated from areas where environmental pollution and/or food contamination may occur. Article 10.- Organizations, households and individuals that produce and/or trade in fresh and raw food must apply measures to treat wastes according to the !aw provisions on environmental protection, Article 11.-The use of ferti/lzers, animal feeds, plant protection drugs, veterinarydrugs, toad preservatives, growth stimulants, weight gain stimulants, breeding irritators and other substances related to food hygiene and safety rnust comply with law provisions. A rtlcle 12.~ Organizations, households and individuals that produce and/or trade in fresh 'lnd raw food shall have the responsibility: 1. To ensure that the food they have produced and/ or traded in are not polluted, are preserved at clean places, isolilted trorn places where chemica!s, chiefly toxic chemicals, are preserved and other pathogenic sources; 2. To be accountable for the origins of food they have produced and/or traded in. Section 2. FOOD PROCESSING Article "/3. 1 Food ·process lng s llos of organ lzations, No. ·t ;JS (?4-H-2003) OFFICll-1L GAZETTE households or individuals must be located at places which meet the food hygiene and safety conditions, 2. The food- processing sites.must be designecl, constructed, installed and operated to satisfy the food hygiene and safety requirements. Article 14. 1. Raw materials used for food processing must ensure hygiene and safety according to law provisions. 2. The food-processing estabfishments must apply all measures to keep food from being contaminated or infected with pathogens which may spread to humans, animals and/Or plants. 3. The food-processing establishments must ensure that the processing process is conformable with the Jaw provisions on food hygiene and safely. Article 15. 1 . The food-processing establishments shall only be permitted to use food additives, food-processing supports and micro-nutrients, which are on the lists of those permitted for use, and must use them within the prescribed dosages or limits. 2. The Health Ministry shall prescribe the lists of food additives, food-processing supports, micro-nutrients, which are permitted for use, and their use dosages or limits. , Article 16.- Organizations, households and individuals, in the course of food processing, shall have the responsibilities: 1 . To use equipment and devices with surfaces which directly contact food being manufactured from materials meeting the food hygiene and safety requirements; 2. To use containers, packings, devices, equipment which satisfy the food hygiene and safety requirements and do nut <..:ause food pollution; 3, To lWe water up to the prescribed standards for food proc1;-1ssin9; subiitances safely without adversely affecting human health and lives and without causing environmental pollution. Section 3. rOOD PRESERVATION, TRANSPORTATION Article 17. 1. Food packages must ensure food hygiene and safety requirements, protect food from being polluted and maintain food quality in the preservation and use duration and must be convenient for labeling. 2. Packages directly contacting food must be tested and inspected in terms of food hygiene and safety. Article 18. 1. Organizations, households and individuals that produce and/or trade in food must apply appropriate f cod-preserving methods in order fo ensure that food shall not spoil, degenerate, shall retain their quality, tastes and flavors, and not to increase poll utan ts in food. 2. Agencies performing the S1ate management over food hygiene and safety shall guide the food-preserving methods, prescribe the dosages of food preservatives and the preservation duration foreach kind of food. Article 19. 1 . Food which are preserved by radiation method and circulated in the Vietnamese territory must have their labels inscribed in Vietnamese with "thuc pham duoc baa quan bang phuong phap chieu xa" (Food preserved by radiation method) or with international signs and must be permitted by competent State management agencies in charge of food hygiene and safety for circulation. 2. Organizations, households and individuals shall only bo porrnittod to trade in radiation-preserved food on the list of food pmserved by radiation method and within the law-proscribed radiation dosages. The l·lealtll Ministry shall prescribe the list of food 4. To use detergents, disinfectants, antidntal preserved by radiation methods. OfFICIAL GAZETTE Artic.:/e 20. 1. Genetically modified food food raw matorials must have their labels inscribed in Vietnamese with '1huu pl1am co gen da bien doi'' {Genetically modified food). import and/or expud food must have certificates of inspection for satisfaction of food hygiene and safety requirements, issued by competent State bodies. 2. Competent State agencies which conduct the inspection of importecl- and exported- food hygiene and safety must be answerable before law for the results of their inspection of food hygiene and safety. 2. The Government shall prescribe in detail the management and use of genetical!y modified food. Article 21.- Organizations, households and individuals, in the course of food transportation, must preserve food and the constituents thereof from being contaminated with biological, chemical and/or physic agents, which are not allowed to appear in food; maintain the quality, hygiene and safety of food sold to consumers. Article 22.- Means used for transportation of food must ensure the following conditions: 1. Being manufactured from materials which do not pollute food or food packages; 2. Being easily cleansed and cleaned; 3. Being able to easily distinguish assorted food; 4. Betng able to combat pollutants, including smoke, dust and to combat contagion among assorted food; 5. Being able to maintain and control conditions to ensure food hygiene and safety in the course of transportation. Section 4. FOOD IMPORT, EXPORT Article 23.- Organizations, households and individuals that import and/or export food, food additives, food-processing supports, micro-nutrients, functional food, high•risk food, radiation-preserved tood, genetically modified food must bear responsibility for the t1ygiene and safety of the food they have imported and/or exported; must comply with the provisions of Vietnamese law when importing them; and must comply v:itt1 the provisions of this Ordinance ,mcl the provisions of the importing countries' laws, when exporting them. ll.rtir.le24. 1. Oroani:wtiom~. households and individuals that The Government sha\\ prescribe the procedures for in specif on of imported- and exported-food hygiene and safety. Article25. 1. Imported, exported food which have already been certified as satisfying the food hygiene and safety requirements by countries which have signed with Vietnam international treaties on mutual recognition in activities of certifying quality, recognizing quality control systems can be inspected if signs of violating the provisions of Vietnamese law on food hygiene and safety are detected. 2. Imported, exported food which have already been certified for standard compatibility, food of production and/or business organizalions and individuals that have already been certlf ied as having the food hygiene and safety quality control system compatible with Vietnamese standards or foreign, international standards applied in Vietnam C.Jn be entitled to reductior. of tne number cl food hygiene·· and safety inspections. Article 26. 1. Imported food which fail to satisfy the food hygiene and safety requirements can be recovered, recycled, subject to change of use purposes, destroyed or re exported under decisions of competent State agencies; organizations, households and individuals shall bear all expenses for handling of their imported food which fail lo satisfy the requirements. 2. Exported food which fail to satisfy the food hygtene and safety requirements can be re-cycled, subject to chanoe of use purposes, or destroyed under decisions of competent State agencies; households and individuals ~hall have to boar all nxpenses for the No. 138 (24•-8K2003) OFFICIAL GAZETrt: handling of their exported food which fail to satisfy th0 requ irem0nts. Article 27.• Food brought along by persons on entry, exit or transit for personal consumption; food used for crew members and passengers on traffic means entering, exiting or transiting Vietnam; food being goods on transit in Vietnam must ensure the food hygiene and safety requirements as provided for in this Ordinance and other relevant legislation. Seation 5. FOOD PRODUCTION AND BUSINESS CONDITIONS Article 28.· 1. Organizations, households and·individuals that produce and/or trade in food must comply with the food hygiene and sa.1ety conditions prescribed in Se.ctions 1, 2, 3 and 4 of this Chapter. 2. Organizations, how,eho/ds and individuals that produce and/or trade in high-risk food must be granted certificates of satisfaction of food hygiene and safety condflions by competent State agencies. The Government shall prescribe the list of high-risk food, the competence and procedures for granting certificates of satisfaction of food hygiene and safety conditions. Article 29. 1. Persons who are directly engaged in food production and trading must satisfy the health criteria, not suffer from contagious diseases and have knowledge about food hygiene and safety. 2. The Health Ministry shall prescribe ihe health criteria, the requirements on knowledge about food hygiene and safety for persons directly involved in food production and tradlng, which are suitab!A to ,~ach production and/or business line. Article 30. 1. Organizations, households and individual;, that produce and track1 it I lood ~hall have to en~,1 m-J the ilenlll 1 criteria of persons directly involved in food production and/or trading at their establishmm1ts as providod for bylaw. 2. The Health Ministry sha/1 stipulate the health examination for persons working at food production and/ or business establishments. Section 6. ANNOUNCEMENT OF FOOD HYGIENE ANO SAFETY STANDARDS Article 31.- Organizations, households and individuals can only produce and/or t(ade in food whlch ensure the food hygiene and safety standards. Article 32.- The competent State agencies shall promulgate food hygiene and safety standards as well as inspection methods, stipulate the food hygiene and safety management over food, 1ood additives, toad· processing supports, micro-nutrients, 1unctiona\ food, high-risk food, radiation°preserved food, genetically modified food, food conta!hers, materials for making food packages, wrappings, devices and equipment used in food production and/or trading. Article 33. 1 . Organizations and individuals that produce and trade in food with business registration must publicize the npµlication of Vietnamese standards or branch standards according to law provisions; in case of publication of the establishment $tandards, such standards must not be lower than the branch standards and the Vietnamese standards. 2. Organizations and individuals that produce and trade in 1ood with business registration must strictly comply with the standards they have publicized and the food hygiene and safety regulations promulgated by competent State agencies; regularly inspect and take responsibility tor iood hygiene and safety with regard to the food they produce and/or trade in. 3. Organizations, households and individuals that pi-ocluce and trade in food without business registratlon must strictly comply with the law provisions on food hyqienE:l and safety and be mspnnsiblo for food hyg km e OFFICIAL GAZETfE and safety with regarrJ to the food they produce and/or trade in. Section 7. FOOD ADVERTISEMENT AND LABELING Artic/e34> 1. The advertisement of food, food additives, food processing supports, micro-nutrients, functional food, high-risk food, radiation-preserved food, genetically modified food and food-related matters must comply with the law provisions on advertisement The advertisers must bear responsibility for the contents of their advertisements. 2. The contents of advertisements of food, food additives, food-processing supports, micro-nutrients, functional food, high-risk food, radiation-preserved food, genetically modif\ed food and food~related matters must be truthful, accurate, clear and not harmful to producers, traders and consumers. Article 35. 1. Pre•packed food must be stuck with food labels. Food labels must be inscribed fully, accurately, clearly and truthfully with food constituents and other contents as prescribed by law: food labels must not be inscribed in ·any form about rood w)th etticacy of subsli1uti1,u curative medicines. 2. Organizations and individuals that produce or trade in pre-packed food in the Vietnamese territory must inscribe food labels bHfore delivering goods from workshops. 3. Food labels must contain the following basic deta!Js: a) The name of the food; h) Thn namo amJ r1ddress of the loorl-producinf} establishment; c) ThH food quantity; cl) The fnod constituPnls; o) J\1'1jw quality nor,ns of the food; f) Dak, of production, use duration, food preservation duration; 9) Instructions on preservation and usH of the food; h) Origin of the food. Chapterl/J PREVENTION AND OVERCOMING OF FOOD POISONING ANO DISEASES TRANSMITTED VIA FOOD Article 36.- Measures to prevent food poisoning and diseases transmmed via food shall include: 1 . Ensuring hygiene and safety in the process of food production, trading and consurnption; 2. Educating, propagating and disseminating knowledge and practice about food hygiene and safety tor producers, traders and consumers; 3, Examining and inspecting food hygiene and safety In food production and tradfng; 4. Analyzing dangers of food pollLJtion; 5. Investigating, surveying and archiving data on food hygiene and safety; 6. Keeping food samples according to law provisions. ArticleJ7 ... 1. Measures to overcome food poisoning and diseases transmitted via food shall include: a) Detecting and treating in time victims of food poisoning and diseases transmitted via food; b) Stopping the production, trading and use of poisoned food; c) Flocovering food which have been produced, beino circulated on markets and poisoned; cl) Notifying in time the consumers of the food poisoning or diseases transmitted via food, food which aro bein9 circulated on the market and poisoned; o, Promptly investi9ating and determining the cause of fnr-.d p'1[~;oniriu or diseasos transmitted via food; f) /\pplyi119 measures to prnvent tt1e i,pmad of No. 138 (24-ll-?003) OrTICIAL GAZ[:nt opidernics due to food poisoning or diseases transrni tied via food. 2. Tile Government shall assign specific respo,nsibi litios to ministrfos, ministr:irial-level agencies and agshcios attacl1ed to thH Government in preventing and over coming food poisoning and diseases transmitted via food. Article 38. 1. Organizations, households and individuals that pmduce, trade in or use food shal\ have to take initiative in preventing and promptly overcoming food poisoning and diseases transmitted via food. 2. Organizations, households and Individuals that produce, trade in or use food, causing food poisoning or diseases transmitted via food shall have to immediately apply measures to overcome the consequences thereof, and at the same time promptly report such to the local People's Committees or the neares1 State management agencies charge of food hygiene and safety and sha!I have to bear all expenses for the overcoming of food poisoning or diseases transm[ttedvia food according to law provisions. Attlcle 39.- Organizations and individuals that detect signs of food poisoning of diseases transmitted via food shall have: to immediately notify them to the nearest medical establishments or focal People's Committoes for working out timely preventivo dnd remodi81 mea[)ures. Article 40.- The Peop!e's Committees at alt levels shall have to apply measures to preclude food poisoning or diseases transmitted via toad in their respective localities; in cases of food poisoning or diseases transmitted via food, they must apply necessary measures to overcome the consequences and prevent the spread thereof; at the same time, report to the immediate superior State agencies, the competent State management agencies in charge of food hygiene and safety and notify the People's Committees of the lcx::alitios where the food poisoning or diseases may spread to. The Peop\e' s Gornmiltees of the localities where food poisonin9 or dii,nases transmitted via food may spread to shall ha\/e to notify tho local population tho roof for prevention thereof and Hie application of measures to coordinate in overcoming the consequences and prevnnting the spread thereof. Article41. ·1 . Whore the People's Committees of the localities where food poisoning or diseases transmitted via food occur are incapable of overcoming the consequences, preventing the spread thereof, they must propose the immediate superior State agencies or the competent State management agencies in ct1arge of food hygiene and safety to settle, or support the settlement of the cases. 2. Where diseases transmitted v\a 1ood 1urn into dangerous epidemics which spread widely, seriously threatening 1he human life and heaflh, the law provisions on emergency state must be complied with, Chapter IV STATE MANAGEMENT 0.VERFOOD HYGIENE AND SAFETY Article 42.- The contents of State management over food hygiene and safety shall include: . "I . Elaborating and organizing the implementation of strategies, policies; plannings and plans on food hyqiene and safety; 2. Promulgating and organizing the implementation of legal documents on food hygiene and safety, the regulations and standards on food hygiene and safety; 3. Elaborating and organizing the implementation of plans to prevent and overcome food poisoning and diseases transmitted via food; 4. Managing the food hygiene and safe1y testing and experimenting systems; 5. Managing the promulgation of food hygiene and safety standards, the certifications of satisfaction of food ~1ygiene and safety conditions; 6. Oryanizing scientil\c and \echno\og\cal research in tt1e field of food hygiene and safety; /, Providing profGssional trnining and fostering on OFFICIAL GAZETTE No. 138 (24-8-2003) food hygiene and safety; 8. Organizing the work of information, propagation and dissemination of knowledge and legislation on food hygiene and safety; 9. Entering into international cooperation on food hygiene and safety; 10. Inspecting, examining and settlir.g complaints, denunciations and handling violations of the legislation on food hygiene and satety. Article 43.~ 1. The Government shall perform the unfffed State management over food hygiene and safety. 2. The Health Ministry shalt be accountable to the Government for perforrning the State management over food hygiene and safety. 3. The rn \s1ries and branches sha\\, within lhe scope of their respective tasks and powers, have to coordinate with the Health Ministry in performing the State management over food hygiene and safety in their assigned fields according to the following principles: a} The State management over food hygiene and safety in the production process shaH be undertaken primarily by the specialized managing ministries or branches, which shall coordinate with the Health Ministry, tt1e concerned ministries. 13.nd/or branches in the f mplementatfon thereof; b) The State management over food hygiene and safety in the circulation process shall be undertaken primarily by the Health Ministry which shal\ coordinate with the concerned ministries and/or branches in the implementation thereof. 4. The People's Committees at all levels shall, within the scope of their respective tasks and powers, pmform the State management over food hygiene and safety in their respective localities. ChapterV FOOD HYGIENE AND SAFETY EXAMINAflON AND INSPECTION Article 44. 1. The State management agencies in charge ol food nygiene and safety shall, within the scope of their tasks and powers, have to examine the observance of law provisions on food hygiene and safety. 2. The Government shall specify the examination of food hygiene and sa1ety in 1ood produc\\on and 1rading. Article 45. 1. The food hygiene and safety inspection shall be undertaken by specialized food hygiene and safety inspectorate. 2. The organization and operation of the specialized food hygiene and safety inspectorate shall be defined by the Government. Article 46.~ The specialized food hygiene anct safety inspectorate shall have the tasks: 1. To inspect the observance of law provisions on food hygiene and safety by organizations and individuals that produce and/or trade in food; 2. To inspect the observance of food hygiene and safety standards; To verify, conclude on, propose competent authorities to handle violations ot the legislat\on on food hygiene and safety; 3. To suggest, participate in the elaboration l)f legal documents on food hygiene and safety. Article 47.~ In the course of inspection, the inspection teams and inspectors shall t1ave the following rights and responsibmUes: 1. To request concerned organiza.tions and individuals to supply information and materials and give ariswers on necessary matters in service of the inspection; to request the inspected subjects to supply documents, reports on matters relattH.l to th8 inspection contents; in case of necessity, to be entltled to take samp\es for testing, to seal documents and eviclc.mces related to the inspection contents, to make records on violations related to food hygiene and safety accordirlSJ to law provisions: No, 138 (24-8-2003) Of flCIAL GAZETTI; 2. To request the expertise and conclusion on necessary matters in order to serve tile inspection work; 3. To-stop acts of violating the rogulations on food hygiene and safety, which cause harrns or threaten to cause harms to human lives and health, and other acts which cause harms to the interests of the State and \he legitimate rights and interesl.s oi organiza11ons, individuals; 4. To handle according competence or propose cornpetent State bodies to handle violations of the legislation on food hygiene and safety according to law provisions; 5. To be answerable before !aw for their conclusions, handling measures of inspection decisions; 6. Other rights and responsibilities according to law provisions. Article 48. 1. Organizations, households and individuals that produce and/or trade in food shall have to create condttions forinspectron teams and inspectors to perform their tasks of inspection over food hygiene and safety; 2. The inspected orgar1izations, households and individuals must abide by decisions of the inspection teams or inspectors on food hygiene and safety. Arlic/049.· 1. Organizations, households and individuals shall have the right to complain about or initiate lawsuits against administrative decisions and/or administrative acts of competent agencies, organizations or individuals in the observance of the !egislatlon on 1ood hygiene and sate1y. 2. Individuals shalt have the rig~1t to denounce acts o! violating the legislation on food hygiene and safety witll competent agencies, organizations and/or individuals. The competence and procedures for set\\ement ol complaints and denunc\alions and the procedures lo initiatH lawsuits, which are prescribed in Clausos 1 ancJ 2 of this Article, shall bl~ effocted accorr!inq to the rrovi~ions of law. Chapter VI COMMENDATION AND HANDLING OF VJOLATfONS Article 50.· Organizations, households and individuals that record achievements in activities of ensuring food hygiene and safety or record merits in detecting violations of the legislation on food hygiene and· safety shall be commended and/or rewarded according to law provisions. Article 51.· Organizations and individuals that produce and trade in food and commit acts of violating the provisions of this Ordinance or other law provisions on food hygiene and safety sha1l1 depending on the nature and seriousness of their violations,. be administratively sanctioned or examined for penal liability; if causing damage, pay compensatlons therefor according to law provisions. Article 52.· Those who abuse their positions and powers to violate the provisions of this Ordinance or other law provisions on food hygiene and safety shall, depending on the nattire and seriousness of their violations, be disciplined or examined tor penal Jiabillty; if causing damage, pay comf)E}nsatlons therefor according to law provisions. Chapter VII IMPLEME~NTATION PROVISIONS Article 53.~ This Ordinance shaU take implementation effect as from November 1, 2003. The previous regulations contrary to this Ordinance are hereby all annulled. Article 54. • The Government shall detail and guide the implementat(on o( thls Ordinance. On behalf of the National Assembly Standing Committee Chairman NGUYEN VAN AN