Decision No. 23/2007/QD-BYT promulgating the Regulation on state inspection of quality, hygiene and safety of imported foods

52 OFFICIAL GAZETTE Issue nos 09.10/April2007 (Cong Bao nos 296-297/May 9,2007) THE MINISTRY OF HEALTH DECISION No. 23/2007/QD-BYT OF MARCH 29, 2007, PROMULGATING THE REGULATION ON STATE INSPECTION OF QUALITY, HYGIENE AND SAFETY OF IMPORTED FOODS THE MINISTER OF HEALTH Pursuant to the Government 50 Decree No, 49/ 2003/ND-CP of May 15, 2003, defining the Junctions, tasks,powers andorganizationalstructure ofthe Ministry ofHealth; Pursuant to Ordinance No. 12/2003/PL UBTVQHII ojJuly 26,2003 on Food Hygiene and Safety and the GovernmentsDecree No. 163/ 2004/ND-CP ofSeptember 7, 2004, detailing the implementation oj a number of articles oj the Ordinance on Food Hygiene and Safety; At the proposals of the director of the Legal Department and the director ofthe Department Jor Food Safety and Hygiene ofthe Ministry of Health, DECIDES: Article 1.- To promulgate together with this Decision the Regulation on state inspection of quality, hygiene and safety of imported foods, Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO," To annul the Minister ofHealth 's Decision No. 1370/19971 QD-BYT of July 17, 1997, promulgating the Regulation on state inspection of quality of imported foods. Article 3.- The director of the Office, the chief inspector, the director of the Legal Department of the Ministry ofHealth, the director ofthe Department for Food Safety and Hygiene, directors ofprovincial! municipal Health Services, heads ofconcerned units of the Ministry of Health, and heads of health sections of other branches shall implement this Decision. For the Minister ofHealth Vice Minister TRINH QUAN HUAN © VIETNAM LAW & LEGAL FORUM Issue nos 09·101April2007 (Cong Baonos 296-297/May 9, 2007) OFFICIAL GAZETTE 53 RECHT ,ATTONON STATE INSPECTION OF QUALITY, HYGIENE AND SAFETY OF IMPORTED FOODS (Promulgated togetherwiththeMinister ofHealthS DecisionNo. 23/2007/QD-BYTofMarch 29, 2007) Chapter I GENERAL PROVISIONS Article 1.- Governing scope 1. This Regulation provides for state inspection method, contents and procedures, and powers and responsibilities of involved parties in assuring quality, hygiene and safety of foods imported for domestic consumption, including the following products (hereinafter collectively referred to as foods): aJFood materials that have undergone industrial processing and can be used directly for production or re-packaging without further processing; bl Substances used in food processing (processing 310';; or food additives); cl Pre-packaged foods for instant use; d/ Products specified in Clause 4 of this Article (upon notification on safety or epidemic risks or the Ministry ofHealth's written request). el Other products on the list of foods subject to standard announcement promulgated by the Ministry of Health in each period. 2. Foods specified in Clause 1 ofthis Article can be circulated or sold in the Vietnamese market only after being granted by the state inspection agency one ofthe following papers: a! Certificate of compliance with import requirements. hI Notice on inspection of dossier of goods lot only. 3. An importing organization or individual that receives a notice on the non-compliance of an imported lot offoods with import requirements may take disposal measures specified in Clause 7,Article 16of this Regulation. 4. The following foods are exempt from state inspection: a/ Foods carried along by persons on entry for personal use within import duty-free quantity. bl Foods donated for the humanitarian purpose or imported in diplomatic or consular bags under law. c/ Foods temporarily imported for re-export. d/ Foods in transit or border gate-to-border gate transfer. e/ Foods consigned to bonded warehouses. fl Foods used as test or research samples. g/Foods used as sample goods for display at fairs. hi Foods exchanged among bonier inhabitants. ifFoods processed by Vietnamese enterprises for foreign goods consignees for export only. j/ Raw materials to be refined or reprocessed (vegetable oil, tobacco leaves and shreds, medicinal herbs used in food processing). k! Fresh or preliminarily processed foods on the list of foods subject to animal or plant quarantine. Article 2.- Subjects of application All organizations and individuals that import foods defined in Clause 1, Article I of this Regulation (hereinafter referred to as goods consignees) shall register for mspection and submit © VIETNAM LAW & LEGAL FORUM 54 OFFICIAL GAZETTE Issye nos09-10/April2007 (Cong Bilo nos 296-297/May 9,2007) to inspectionof these foods by the state inspection agency inchargeoffood quality,hygieneand safety accordingto theprovisionsofthisRegulation before they can market these foods. Article 3.- Interpretationoftenns 1. Food quality, hygiene and safety (hereinafter referred to as food safety for short) means a guarantee that, at the timeofinspection,a foodproduct is safe for consumers and circulated in the market in accordance with law or in conformity with institutional standards announced by a goods consignee responsiblefor goods quality. Criteria for identification and control include: Sensory crtteria; principal quality criteria; quality indicators; nutritional value;chemical,physicaland microbiological hygiene standards; ingredients and food additives; shelf life, usage and preservation instructions; packagingspecifications andmaterials; label contents. 2. State inspection of food quality, hygiene and safety means inspection by state agencies that are technically capable of inspecting, testing and certifying that goods or product lots comply with food safetyrequirements, and that are designatedin writing by the Ministry ofHealth. 3. Registrationfor inspectionmeansregistration by goods consignees with a state inspection agCI1l,;Y in charge of food quality, hygiene and safety (hereinafterreferredto as the inspectionagency)for food safety inspectionof their goods according to theprovisions ofClause I,Article I beforethegoods are allowed for customs clearance. 4. Goods lot means the whole of an import shipment,consisting ofeitherone or severalproduct lots of the same goods item or different types of product. 5. Product lotmeansproductsinthe same import shipment that bear the same product name and trademark, are madeby the same manufacturerand have the same expiry date or manufacturedate. 6. Institutional standards means technical requirementson foodqualityand safetyofa product (withthesameproductname,mark,principalquality criteria and hygienic standards) formulated and announcedby goodsconsignees themselvesand for which good" consignees are held responsible before law and consumers. 7. Hygienic standards means limits or regulations on allowablemaximumlevelsofchemical,physical andmicrobiologicalagentsin a product at which its stable quality and safety is ensured for consumers. 8. Principal quality criteria means levels or quantities ofmainnutritional ingredients ofaproduct that help identify, classify and distinguish that product from other foodsofthe same type. 9. Quality indicators means technical specifications by which the stability of quality or the contentsofmain ingredients of a product canbe determined. 10. Certificate of announcement of product standards (referred to as certificate of product standardsfor short)meansa certificate granted by a competent state agency to a goods consignee that has announced food quality, hygiene and safety standards in compliance with the provisions of Vietnamese law on compulsoryapplicationofthese standards. Chapter Il MODES OF INSPECTION Article 4.- Modes of mspecnon © VIETNAM LAW & LEGAL FORUM Issue nos 09-10/April2007 (Gong Bao nos 296-297/May9, 2007) OFFICIAL GAZETTE 55 1. Tightened inspection: To take probability samples or samples at suspected points (in a sufficient minimum quantity) for test and comprehensive assessment of food safety, for all product lots of the same goods lot in one of the following cases; a/ The product is on the list of high-risk foods (specified in Article 14 ofthe Government's Decree No. 163/2004/ND-CP of September 7, 2004, detailing the implementation ofa number ofarticles ofthe Ordinance on Food Hygiene and Safety) and when the inspection agency or customsoffice detects signs of contamination due to damaged or leaked packages or when the food preservation system on a vehicle of transportation does not work; bl When the food is imported from a foreign processing establishment which is reported to or known by the inspection agency to be located in an area where exist contaminated material sources or pathogens harmful to humans; c/ The last importation fails to comply with import requirements; d/ The Ministry of Health (the Department for Food Safety and Hygiene) requests in writing the application of the mode of tightened inspection because it is detected that the product currently circulated in the market has health risks. 2. Normal Inspection:Totake probabilitysamples (random samples) sufficient for sensory inspection and test according to some food quality, hygiene and safetycriteria, for goods lots not falling into the cases specified in Clauses 1, 3 and 4 of this Article. 3. Reduced inspection: To take only represen tative samples for sensory inspection and inspection ofthe labeling and homogeneity ofthe goods lot (origin, lot number) without testing of samples for comparison with the dossier in one of the following cases: a/ The food is at low risk or bears the stamp of conformity with the announced product standards (GMP,RACep); bl Food of the same type and the same origin shows a stable quality through at least two consecutive inspections or has a written certification of the Ministry of Health as eligible tor reduced inspection; c/ Food ofthe same type and the same ongm has passed the test of samples ofgoods for sale, which comply with the import requirements; d/ Food of the same type, origin and product lot had been inspected before importation or is accompanied with a notice on results ofanalysis by a third party in the country ofmanufacture; el The food is on the list of goods certified as bearing standard conformity stamps ofcountries of exportation or the regional common market bloc recognized and published by the General Department uf Standardization, Measurement and Quality Control in each period; f7 Certifications ofbearingofstandard conformity stamps of countries of exportation or the regional corrunonmarketbloc are confmned in writing by the Ministry of Health and the General Department of Standardization,Measurement and Quality Control. 4. Inspection ofdossier only: This means a mode whereas only dossiers for inspection registration (no product sample is taken) are requested for the issuanceofnoticeson inspectionofdossieronly after the Department for Food Safety and Hygiene certifiesin writingthat foods are subject to inspection of dossier only as specified in Article 5 of this Regulation. Products subject to this mode of inspection shall only be inspected by the mode of normal or reduced inspection m one of Import ~) VIETNAM LAW & LEGAL FORUM 56 OFFICIAL GAZETTE Issue nos 09·10/April2007 (C6ng Baonos 296-297/May 9, 2007) shipments within a year, for goods ofthe same type of the same goods consignee. Article 5.- Imported foods subject to inspection of dossier only (exempted from sample inspection or testing) 1.Imported foods that are certified as complying with food safety requirements by a competent authority of a country concluding with Vietnam an agreement on mutual recognition in food quality, hygiene and safety inspection. 2. Imported foods that are certified as conforming to standards, foods of production or business organizations and individuals that are certified as having a food safety management system conformable with Vietnam standards or foreign standards or international standards permitted for application in Vietnam. 3. Lots of goods of the same type and the same origin that comply with import requirements in five inspections. 4. The Department for Food Safety and Hygiene shall give written certification of"products subject to inspection ofdossier only" upon written request of good" consignees that satisfy one of the three conditions specified in Clauses 1, 2 and 3 of this Article or at the proposal of inspection agencies. 5. Goods lots subject to inspection ofdossier only can be unexpectedly inspected upon detection of signs of violation of the provisions of Vietnamese law on food quality, hygiene and safety. Chapter III INSPECTION PROCEDURES AND PROCESS Article 6.-Inspection registration dossiers A goods consignee shall register for state inspection offood safety with one ofthe inspection agencies defined in Articles 7 and 8 at least five days before hisJher goods arrive at a port (border gate). 1.Adossier ofregistration for state inspection of food safety comprises: a/Written registration for state inspection offood safety, made according to a set form (not printed herein); bl Lawful copy ofthe document on institutional standards (appended with a seal of certification of the Department for Food Safety and Hygiene) or the Department for Food Safety and Hygiene's certification that the product is allowed to be released (when the product standards are not yet announced) as defmed in the Regulation on announcement of product standards promulgated together with the Ministry of Health's Decision No. 42!2005!QD BYT ofDecember 8, 2005; c! Dossier set for completion of customs procedures as prescribed; d! Medical certificate granted by a competent state authority ofthe country oforigin, for foods of animal or plant origin that have been processed by high-temperature disinfection (required only when there is an epidemic declaration of the Ministry of Agriculture and Rural Development or a written notification of the Department for Food Safety and Hygiene); el Copy of the certificate of analysis granted by an accredited laboratory or the manufacmrer with the seal and signature of its director or hislher mandated person, for food" for which standards (if any) have not yet been announced; fJ Relevant documents necessary for application ofthemode ofreduced inspection or inspection of © VIETNAM LAW & LEGAL FORUM Issue nos 09·10JApri12007 (COng Baa nos 296-297/May9, 2007) OFFICIAL GAZETTE 57 dossier only (ifany). 2. Registration for state inspection offood safety for exported foods shall be made in accordance with bilateral or multilateral agreements betweenVietnam and foreign countries and concerned international organizations or at the proposal of export goods consignees that perform service contracts on certification offood safety for goods lots or product lots at the request ofcountries of importation. Article 7.- Designated inspection organizations 1. Inspection agencies are technically specialized agencies or units that have sufficient technical conditions and capability and have been and willbe designated by the Ministry ofHealth to perform the function ofstate management offood safety. 2. Depending on management requirements, state technical or research organizations or units that have sufficient technical conditions and capability may also be considered and designated by the Ministry ofHealth to perform the function of state management of food quality, hygiene and safety for imported goods and foods or designated to conduct inspection in the special cases specified in Article 8. 3. Border medical quarantine agencies that have not yet been designated in writing hy the Ministry of Health to perform the function of state management offood safety at border gates may only take control samples according to specific procedures and regulations ofthe Ministry ofHealth when so requested in writing. Article 8.- Designation ofinspection agencies in special cases Goods consignees that regularly store their goods at places far from head offices ofinspection agencies may request the Department for Food Safety and Hygiene to temporarily designate a technical agency located in the same locality ofgoods storage places to conduct physical inspection ofgoods lots in order to make conclusions and issue notices on inspection results before requesting the Ministry of I Iealth to make an official designation in writing. Article 9.- Cases of independent assessment If imported goods consignees detect by themselves that foods are lost or deteriorated in the course ofunloading, preservation or transportation, for which a written record of loss or deterioration and an independent assessment are required in order to request foreign parties to pay damages according to international practice, those goods consignees may request an independent assessment agency to issue certificates without having to seek for state inspection offood safety. Article 10.- Inspection procedures 1. The inspection agency shall receive and consider an inspection registration dossier to select a mode of inspection for a goods lot (consisting of one or more product lots), and certify the inspection registration. Particularly for products subject to inspection ofdossier only, it shall issue a notice that the goods lot is subject to inspection ofdossier only, if an unexpected inspection defined in Clause 5, Article 5 of this Regulation is not required. 2.The inspection agency shall conduct inspection and sampling at the place registered by the goods consignee. Ifthe goods consignee sells or disperses the goods lot from the temporary storage place before samples are taken for inspection, the inspection agency shall notify such in writing to the customs office that has made customs clearance and the Department for Food Safety and Hygiene for recall © VIETNAM LAW & LEGAL FORUM 58 OFFICIAL GAZETTE Issue nos 09·10/Apri12007 (C6ng Bao nos296-2971May 9, ~U07) ofthe goods or application ofappropriate remedies. 3. The inspection agency shall make written records of inspection and sampling. These written records must bear all signatures of the involved parties and be included in the inspection dossier of the goods lot. 4. Grounds for inspection and test: Based on the inspection registration dossier and the compliance history of the goods, the inspection agency shall determine the specific mode ofinspection, quantity of samples, number of criteria to be tested, and testing method; and inspect samples according to the following contents: a! For food products for which product standards have been announced: Based on the announced contents ofinstitutional standards and product samples, to decide whether to apply the mode ofnormal inspection or reduced inspection; Expiry date and label contents; Other safety requirements upon receipt of information on risks or written request of the Ministry ofHealth. bl For food products for which product standards have not yet been announced, at least two normal inspections shall be conducted in five consecutive inspections: Inspection offood safety indicators; Expiry date and label contents; Other safety requirements upon receipt of information on risks or written request of the Ministry ofHealth (the Department for Food Safety and Hygiene or the Inspectorate). 5. Grounds for assessment of inspection results: al Document on institutional standards of products already appended with the seal of certification ofthe Department for Food Safety and Hygiene (for which a certificate ofproduct standards has been granted). blVietnam's food quality,hygiene and safety and labeling regulations and standards subject to compulsory application, for products for which product standards have not yet been announced. cl In the absence of relevant Vietnamese regulations, international regulations (Codex standards) or regional regulations, for special foods and food additives which are certified in writing by the Department for Food Safety and Hygiene as products permitted for use. 6. Conclusions upon completion of inspection shall be made according to the provisions ofArticle 11. 7. Notices on inspection results shall be issued under the provisions ofClause 2,Artic1e 14 of this Regulation. Article 11.- Conclusions upon completion of inspection I. If the goods lot complies with the prescribed importrequirements,the inspectionagencyshallgrant a certificateofcompliance with import requirements or issue a notice on inspection ofdossier only (made according to a set form, not printed herein) 2. If the goods lot fails to comply with the prescribed import requirements, the inspection agency shall send a notice on the goods lot's non compliance with import requirements (made according to a set form, not printed herein) enclosed with a test result slip to the goods consignee and the customs office of the port or border gate of arrival ofthe goods, and concurrently send a written report to the Ministry ofHealth (the Department for Food Safetyand Hygiene), proposing ameasure todispose © VIETNAM LAW & LEGAL FORUM Issue nos 09.10/April2007 (Gong BaD nos 296297/May 9, 2007) OFFICIAL GAZETTE 59 of the goods lot. Within 15 days (excluding weekends and holidays), the Department for Food Safety and Hygiene shall issue an appropriate handling decision. Chapter IV INSPECTION CHARGES AND FEES Article 12.- Payment ofcharges and fees Goods consignees shall pay inspection charges and fees according to the Regulation on rates, payment, management and use ofcharges and fees for food quality, hygiene and safety management, promulgated together with the Ministry ofFinance's Decision No. 80/2005/QD-BTC ofNovember 17, 2005, to the inspection agency before they are issued notices on inspection results. Article 13.- Management of inspection charges and fees Inspection charges and feel' shall he managed according to current regulations of the State. Chapter V RESPONSIBILITIES AND POWERS Article 14.- Responsibilities of the inspection agency 1. To certify the inspection registration within one working day and conduct the state inspection within the designated scope. 2. To notify inspection results within the following time limits: a/ For certificates of compliance with import requirements: Five working days after samples are taken for inspection plus the testing time required by the applied testing method, for foods subject to tightened inspection specified in Clause 1, Article 4 of this Regulation. Two working days after samples are taken for inspection plus the testing time required by the applied testing method, for foods subject to normal inspection Orreduced inspection speci fied in Clause 2 or 3, Article 4 ofthis Regulation. hi For notices on inspection ofdossier only: Two working days after the arrival ofgoods at the port, for foods specified in Article 5 ofthis Regulation. cl A notice on results oftightened inspection or a notice on non-compliance with import requirements delivered to the import goods consignee must be enclosed with a test result slip for each product lot, and a report thereon must be sent to the Ministry of Health(theDepartmentforFood SafetyandHygiene). 3. To keep food samples according to regulations for each type of food for re-testing upon request. Past the set time limit, the inspection agency may request the goods consignee to take back samples or make a written record ofthe disposal ofsamples according to regulations. 4. To ensure accurate, honest and objective food safety inspection and certification ofimported food lots. To strictly comply with regulations on inspection and testing procedures. 5. To receive and settle goods consignees' complaints about its food safety inspection and certification. To bear responsibility for errors made in the course of inspection and certification. If causing damage to goods consignees, it shall pay compensations therefor according to current regulations. 6. Tokeep inspection dossiersfor three years from the date ofissuance ofinspection result notices, and © VIETNAM LAW & LEGAL FORUM 60 OFFICIAL GAZETTE Issue nos 09·10/April2007 (Cong B60 nos 206-297/May 9, 2007) produce them upon request ofcompetent agencies. 7. To send quarterly reports (ten days after the end of each quarter), made according to a set fonn (not printed herein) to the Ministry of Health (the Department for Food Safety and Hygiene), and propose the list offoods that may be considered and granted permits for reduced inspection or inspection ofdossier only. 8. To report to the Ministry of Health (the Department tor Food Safety and Hygiene) when: a/It relocates its head office or has new working offices; bl It suspends or terminates operation. Article 15.- Powers ofthe inspection agency 1.To request goods consignees to supply relevant documents specified inArtic1e 6 ofthis Regulation. 2. To enter places where goods are preserved or permit enterprises to present whole product lots at its office for inspection and sampling. 3. To inspect foods by modes and according to procedures specified in this Regulation and may take the initiative in conducting no more than two normal inspections in five inspections. 4. To issue inspection result notices and notify border-gate customs offices of cases where goods consignees register for inspection but fail to present goods for inspection or inspection results show that the goods fail to comply with import requirements. 5. To grant inspection registration certificates with the phrase "goods lot waiting inspection results" and notify border-gate customs offices to allow customs clearance only after inspection results are obtained in the following cases: a/There isobjective evidence that import goods lots registered for inspection fail to comply with the food safety requirements; blApreviously imported lot ofgoods ofthe same type ofthe same consignee fails to comply with the food safety requirements; cl Goods are subject to tightened inspection specified in Clause 1,Article 4 of this Regulation. dI Imported food additives are not on the list of food additives permitted for use promulgated by the Ministry ofHealth and for which no standards have been announced yet or which have not yet been certified by the Department for Food Safety and Hygiene as permitted for use for food processing, after referring to Codex standards and free circulation permits granted by the country oforigin. e/ Special types of food (including therapeutic nutritional foods, meal replacements taken through catheters for acute patients, supplements, foods fortified with micro-nutrients, firnctional foods) that have neither been granted certificates of announcement ofproduct standards nor certified in writing by the Department for Food Safety and Hygiene. 6. To supervise the disposal of goods lots that fail to comply with import requirements and/or request local competent health agencies to join in supervising the disposal ofthose goods lots in their localities. Article 16.- Responsibilities of imported goods consignees 1. To register for state inspection of food safety with the inspection agency according to Clause 1, Article 6 of this Regulation and pay the prescribed inspection charges and fees before carrying out customs procedures. 2.After the goods are, upon permission of the © VIETNAM LAW & LEGAL FORUM Issue nos 09·10/April2007 (Gong Bao nos 296-297/May 9,2007) OFFICIAL GAZETTE 61 customs office, transported to a storehouse with adequate preservation conditions, to take the initiative in producing the goods in the original conditions together with their dossier sets that have gone through customs procedures and inspection registration certificates as prescribed to the inspection agency for state inspection offood safety. 3. To put imported foods into use and circulation only after the inspection agency issues one of inspection result notices specified in Clause 2, Article 1 of this Regulation. 4. To preserve the inspected goods pending the making of inspection conclusions or issuance of competent agencies' decisions in relation to goods lots that have been concluded to be compliant with import requirements according to regulationson food safety or labeling or announced product standards. 5. To pay all expenses borne by the agency supervising the disposal of goods lots failing to comply with import requirements, including expenses borne by staffofthe supervising agency. 6. Tobe allowed to request re-inspection or prove that a goods lot complies with food safety requirements by producing certificates of analysis uf LIH: goods lot granted by at least two other accredited test laboratories, attesting to compliance with the grounds for assessment ofinspection results specified in Clause 5, Article 10 ofthis Regulation. 7. To be allowed to propose to the Department for Food Safety and Hygiene one of the following disposal measures: aJ Reprocessing: Goods consignees shall report the measure of reprocessing and the address of the goods reprocessing place to the inspection agency and may conduct the reprocessing only after obtaining approval of the inspection agency. After the reprocessing, the goods consignee shall request in writing the inspection agency to inspect the reprocessed goods lot and take follow-up actions as follows: If the reprocessed goods lot complies with import requirements and/or needs relabeling as the quality of products is lower than that stated in the labels, the inspection agency shall report the case to the Ministry of Health (the Department for Food Safety and Hygiene) for written opinions before granting a certificate of compliance with import requirements for the reprocessed goods, clearly stating "goods lot compliant with import requirements after reprocessing" for the goods to be sold in the domestic market. Ifthe reprocessed goods lot still fails to comply with import requirements, the inspection agency shall issue a notice on the reprocessed goods' non compliance with import requirements and request the Ministry of Health (the Department for Food Safety and Hygiene) to designate an agency to supervise the goods consignee in disposing of the goods lot or redirecting the goods not for use as foods according to Clause 6 of this Article. bl Redirection ofgoods not for use as foods after they are relabeled. cl Re-export: The goods consignee shall submit re-export documents to the inspection agency for completion of the dossier. dI Destruction: The goods consignee shall enter into a contract with an agency incharge ofdestruction and obtain a written certification of the destruction time, place, method and content from the environ mental management agency or the inspectorate ofthe provincial/municipal Health Service of the locality that has supervised the destruction. 8. To be sanctioned according to current regulations if 111l;y violate the provisions of this (Q VIETNAM LAW & LEGAL FORUM 62 OFFICIAL GAZETTE Issue nos 09.10/Apri12007 (Gong Bao nos 296-2971May 9, 2007) Regulation. Article 17.- Powers of imported goods consignees 1.Within10daysafterreceiving noticesongoods lots' non-compliance with import requirements, goods consigneesmay furnishwrittenevidenceand requestthe mspectionagencythathas inspectedtheir goods to reconsider inspection or reinspection results. After their requests are accepted: a/Ifreinspection results arecontraryto inspection results, goods consignees are not required to pay the reinspection charge. hi If reinspection results are consistent with inspection results, goods consigneesshall bear the reinspection expenses. 2. Goods consignees may present to the inspection agency and the Ministry of Health (the DepartmentforFoodSafetyandHygiene) theresults of analysis of samples certified and tested by standardized laboratories and texts of international law or laws of countries that permit the circulation of goods on allowable contamination contents and minor errors in foods for human consumption. 3. Goods consignees may propose to the Departmentfor Food SafetyandHygieneoneofthe measures specified in Clause 7, Article 16 of this Regulation to dispose of product lots that fail to comply with import requirements. Proposed measures must be specificand compliantwith legal provisions if they are to be accepted. 4. Complaintsand denunciations shallbe lodged andsettledin accordance withthe lawon complaints and denunciations. 5. Goods consignees may cut expenses and receiveinspectionresultnoticesearlierfor imported foods in the following cases: aJ They request the Department for Food Safety and Hygiene to approve in writing the reduced inspection oftheirgoodsaftertheyare issued notices on compliance with import requirements twice, if the conditions specified in Clauses 3 and 4 of this Regulation aresatisfied, andtheinspection ofdossier only, if the conditions specified in Clause 5 of this Regulation are satisfied. bl Imported products satisfy the conditions specified in Clauses 3 and 4 of this Regulationfor reduced inspectionby the inspectionagency. c/ They request the Department for Food Safety and Hygieneto permit inwritingtechnicalagencies locatedneargoodsstorageplaces (defmed inArticle 8 of this Regulation) to perform the state managementoffood safety. Article 18.- Responsibilities of the Department for Food Safety and Hygiene 1. To decide on and guide measures for disposal of importedgoods lots failing to comply with food safetyrequirements. 2.Todecide onthemodeofinspection ofimported goodslots: reduced inspectionor inspection ofdossier onlyat the proposal ofthe state inspection agencyor the requestofgoodsconsignees. 3. To assume the prime responsibility for, and coordinate with concerned units (the Inspectorate and concerned departments of the Ministry of Health)in, evaluatingand proposingto the Ministry ofHealth for designation state technical or research organizations and units to perform the state inspection of food quality. hygiene and safety for imported foods or to conduct inspection in special cases specified in Article 8. 4. To periodically inspect the professional @VIETNAM LAW & LEGAL FORUM Issue nos09·1 O/April 2007 (C6ng Bao nos 296-297/May 9,2007) OFFICIAL GAZETTE 63 capability of state inspection agencies and propose to the Ministry of Health measures of suspension, expansion or narrowing ofthe scope ofoperation of those state inspection agencies. 5. To propose the Ministry of Health to suspend an inspection agency that fails to make quarterly reports twice from conducting the state inspection offood safety. 6. To settle proposals of goods consignees and the state inspection agency, and propose the Inspectorate of the Ministry of Health to administratively handle acts of law violation. 7. To review and report annually to the Department for Food Safety and Hygiene on matters related to the state inspection ofimported foods, and concurrently propose management measures appropriate to each period. Chapter VI ORGANIZATION OF IMPLElVlENTATION Article 19.- Organization of implementation of the Regulation 1. The Department for Food Safety and Hygiene shall organize the implementation ofthis Regulation. 2. The Inspectorate ofthe Ministry ofHealth shall coordinate with the Department for Food Safety and Hygiene in conducting biennial or extraordinary examinations or inspections of the implementation ofthis Regulation by inspection agencies and report them to the leadership of the Ministry ofHealth. Fur the Minister ofHeatth Vice Minister TRINH QUAN HVAN © VIETNAM LAW & LEGAL FORUM