Decision No. 99/2008/QD-BNN promulgating the Regulation on management of safe vegetable, fruit and tea production and trading

lssue nus 06-07f(X.iobtlr 2008 (GOng Baooos585$tOdc6er27, JX/8) OFFlCIAL GAZETTE 15 ....------------- . -----------"' . ---~~ TBKMLNISTRY OF AGRICULTURE AND RURAL DEVELOPMENT DECISION No. 99f2008fQO·BNN OF OCTOBER 15,2008, PROMULGATING THE RECULATIQN ON MANAGEMENT OF SAFE VEGETABLE, FRUIT AND TEA PRODUCTION AND TRADING THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT Pursuant to the Government's Decree No. OlI2008IND-CP of January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; At the proposal of {he director vf t lie Cultivation Department and tire director of the Agricultural, Forestry and Aquatic Product Quulity Management Department, DECIDES: Article 1.- To promulgate togerher with this Decision the Regulation on management of safe vegetable, fruit andtea productionandtrading. Article 2.- This Decision takes effect 15 days afteritspublication in" CONG BA0" andreplaces the MinisterofAgricuitureandRural Development's Decision No.4312007/QD-BNNofMay 16,2007, promulgating theRegulation onsaferea production. processing andcertification; andDecision No, 106/ 2007/QD-BNN ofDecember28,'2fJ)7, promulgating © VIETNAM lAW& LEGAL FORUM 16 OFFIC!AL GAZETTE .'."" ..... . . ....,.. ~------------, Issue nos 06-07/October 2008 (C6ng Bao nos585-586!OctobBr27, 2008) the Regulationon managementof safe vegetable production and trading. Article 3.-The director of theMinistry'sOffice, the director of rhe Cultivation Department, the director of theAgricultural, Forestry and Aquatic Product QualityManagement Department,heads of unitsattachedto the MinistryofAgriculture and Rural Development,directorsof provincial-level Services of Agriculture and Rural Development, and concernedorganizations and individualsshall implementthisDecision. For the Ministerof Agriculture and Rural Development Vue Minister BUf BA BONG REGULATION ON MANAGEMENT OF SAFE VEGETABLE, FRUIT AND TEA PRODUCTION AND TRADING {Promulgated together with the Minister of Agriculture and Rural Development's Decision No. 9912008lQD-BNN of October 15, 2008) Article 1.- Governing scope and subjects of application 1. This Regulation prescribes conditions and certification ofeligibility forsafevegetable andfruit productionandpreliminary processing; conditions for safe tea production and processing; safe vegetable, fruit and tea assessment and certification; safe vegetable, fruit and tea notification; businessconditions: inspection,and handlingof violations in safe vegetable, fruit and tl"ll production and trading. 2. This Regulation applies to domestic and foreignorganizationsand individualsthat register for safe vegetable, fruit and tea production and trading; organizationsand individualsinvolvedin the certification of eligibility for production and prehmmary processing; certifrcatron and notification; andinspectionandhandlingofviolations in safe vegetable, fruit and tea production and trading inViemam. 3. Ifa treaty to which Vietnamis a contracting party otherwise provides, that treatyprevails. Article 2.- Interpretationof terms In this Regulatirm, the terms below are construedas follows: L Safe vegetables and fruits mean fresh vegetablesand fruitsproduced and prehmmanly processed in accordance with food hygiene and safetyregulationsinVietGAP(VietnameseGood Agriculrural Practices for safe vegetables and fruits) or other GAP standards equivalent to VietGAPandtypical samples meetingfood hygiene aud safcty 1,.;1i teria piescribed in Appendix 3 to this Regulation. 2. Safe tea means fresh tea buds produced in accordance with food hygiene and safety regulations in VietGAP (Vietnamese Good Agricultural Practices for safe fresh tea buds) or other GAP standards equivalent to VietGAP; © VIETNAM LAW & LEGAL FORUM Issue nos 06-07/0ctober 2008 (GOng Baonoo 585-586iOctober27, 2008) OFFICIAL GiAZEiTE 17 processed according to the safe tea processing process promulgated by the Ministry ofAgriculture and Rural Development and typical samples meetingfoodhygieneandsafety criteriaprescribed in Appendix 3 to this Regulation. 3. Safe vegetable, fruit and tea producers means organizationsand individualsthat register forvegetable production andpreliminary processing or tea production and processing and notify safe vegetable, fruitand teaproductsmeetingtechnical standards and regulations at provincial-level Services of Agriculture and Rural Development asguidedin thisRegulation. 4. Certificate of eligibility for safe vegetable and fruit production and preliminary processing means a certificategranted by a provincial-level Service ofAgricultureand RuralDevelopmentto a producerthatmeets therequirementsprescribed inArticle3 of thisRegulation. 5. Organization certifying VietGAP for safe vegetables, fruits and rea {below referred to as certtrying organtzarton) means a (;t'Tljfyill~ organization designated and operating under the VietGAP Certification Regulation promulgated {og<:too- wilh Decision No, 84/2008IQD-D"NN of July 28, 2008, of the Minister of Agriculture and RuralDevelopment(belowreferredto asDecision No. 84/2008/QD-BNN). 6. VietGAP certification for safe vegetables, fruits and tea (below referred to as VietGAP certification) means the assessment, supervision andcertification by a certifyingorganization of the vegetable, fruit and tea production process of a producer,whichiscompliant wi thVietG-AP. 7. VietGAP certificate is a certificate issued by a certifying organization [Q a producer thut producesand preliminarilyprocesses vegetables, fruitsor tea incompliance withVietGAP. 8.Self-assessmentreport of aproducer means a report on the assessment by a producer or by a hired assessorof the process of vegetable, fruit or tea production andpreliminary processing under VietGAP;teaprocessing accordingto the process of safe teaprocessing and typical sampleanalysis according to the food. hygiene and safety criteria prescribedinAppendix3 to thisRegulation. 9. Safe vegetable. fruit and tea notification means that producers base themselves on the resultsofcertificationby certifyingorganizations or their self-assessment and sample-analyzing results to notify that their products are produced and preliminarily processed in accordance with VietGAP (or equivalent GAP), with a safe processing process and achieve the food hygiene and safetycriteriaprescribedinAppendix3 to this Regulation. Article3.· Safe vegetableand fruit.production andpreliminary processingconditions Pending the promulgation of technical regulationson safevegetableand fruic production andpreliminary processingconditionsfCf thegrant of certificatesof eligibllity for safe vegetable and fruit production and preliminary processing, producers mustmeetthefollowing basicconditions: 1. Safe vegetable and fruit production conditions aJEmployees: e VIETNAM LAW & lEGAL FORUM 18 OFFICIAL GI~ZETTE Issue nos 06.Q7/0ctober 2OQ8 (rmgBanms!YJ5-fiRf).!Odch!r')7 .2iXJR) ,--,----•.. -- ... Employing or hiring cultivation or plant protection technicians withintermediate or higher qualifications toguideand supervise safevegetable andfrui t production techniques (production units' technicians, agricultureextension orplantprotection techniciansor thoseworkingunderpermanentor non-permanentlaborcontracts); Laborers who have attended technical training courses and obtained training certificates issued by provincial-level Services of Agriculture and Rural Developmentor organizations permittedto provide VietGAP training, and strictly observe regulations on safe vegetable, fruit and tea productionandtrading management, bI Cultivation soilandgrowingmedia Cultivationsoilareasmust be includedin the planning approved by provincial-level People's Committees, not directly affected by industrial wastes and daily-life wastes from population quarters, hospitals, slaughter houses, cemeteries, andbig roads; The contents of anumber of heavy metalsin :;ojllluu gl 0 wiugII redW.l.Jc;fQlt d.wlJUtiJJ~ 0oolJt:UOJl (inspection-is conducteduponrea1izationofpolluting danger) must not exceed the allowable limits defined in Appcndix 1 to this Regulation. cIIrrigatingwater Industrial wastewater, wastewater from hospitals, population quarters, cattle farms or slaughterhousesmustnotbeusedtodirectly water vegetables,fruits and tea. The contents ofa number of chemicals and heavy metal s in irrigatingwaterbeforeand during production (inspection isconductedupon realization ofpolluting danger)mustnotexceedtheallowable limitsprescribed inAppendix 2 to thisRegulation. Water used in the production of sprout vegetablesmust be up to the standards of dai Iy life waterfor humans, l1ISafe vegetableand frui t producrlon process Producers shall fannulate production processes suitable to cultivated trees and local practical conditionswhich, however, mustcomply with the food hygieneand safetyregulationsinVietGAP. e/ Producers must commit to ensure food hygiene and safety and keep full records of the productionprocesses underVietGAP. 2. Safe vegetable and fruit preliminary processingconditions at Employees must satisfy the conditions defined ar Itcru a, Clause 1uf this Arlick and have periodical health checks to ensure that they are free from contagious diseases under the Health Ministry's current regulations; bfPreliminary processing locations, workshops andinstruments, packages, andmeansof transport must satisfy thefood·hygiene and safely condiuons underVietGAP; c/Water usedforwashingvegetables andfruits must be up to thestandardsdefined in the Health Minister's Decision No. 132912002lQD-BYT of April 18, 2002, promulgatingdrinking waterhygiene standards; d/ Having contracts on purchase of safe fresh vegetables and fruits from producers (in case of purchase of raw materials for preliminary processing); el Producers must commit to ensure food hygiene and safety and keep full records of the © VIETNAM LA.W & LEGAL FORUM Issue nos 06-07/0ctober 2008 (GOng Baonos 585-586!Odober27, 2(08) OFF,CIAL GAZETTE 19 preliminary processing processunderVietGAP. Article4.- Safetea production andprocessing conditions I. Safe tea production and preliminary processing conditions are the same as those prescribed inArticle3 of thisRegulation. 2. Safeteaprocessing conditions Pending the promulgation of technical regulations on teaprocessing establishments and food hygiene and safety conditions, safe tea producers or processors mustsatisfy thefollowing basic conditions. aJ Theiremployeesmustsatisfy the conditions prescribedat Item a, Clause 2, Article 3 of this Regulation; bl Processing locations, workshops, equipment and instruments; regulations on treatment of discarded materials and wastes as well as enviromnental sanitation arecompliantwithbranch standard lOTCN605-2004; the means for transportation of dry tea must beclean and free from strangesmells; cI Tea storehouses must be dry, clean, well ventilated, far away from sources of polluting chemicals, heavy metals orharmful microorganisms; tea preservationpackages mustbe tightanddurable, dry andclean, free fromstrangesmells; dJ Having contracts on purchase of raw materia! fresh lea huds from safe fresh tea bud producers (in case of purchaseof raw materials for processing), whichareup to thefood hygiene andsafety standards definedinAppendix 3 to this Regulation; eJProducerscommit to ensure food hygiene and safety under the safe tea processing process in compliance withHACCP, and keepfull records of the processing process. 3.VVith regardtosafeleaproduction, producers arenot requiredto registerfor safeteaproduction andprocessing eligibility asprovidedfor inArtic1e 5 below, but theyshallguaranteetocontinuously maintain theconditions definedinClauses 1and2 of this Article in the process of production and processing. Article 5. - Order of and procedures for the gnmt ofceru ficates ofeligibilily fUJ safe vegetable, fruit and tea production and/or preliminary processing 1. Producers shall file their registration applications for certificates of eligibilityfor safe vegetable and fruit production and preliminary processing to the provincial-level Services of AgricultureandRural Developmentofthelocalities ofproduction, eachcomprising: at A written registration application for a certificate ofeligibility for safevegetable andfruit production and preliminary processing, made according to the set form in Appendix-a to this Regulation (not printed herein); blAlistof safe vegetableand fruitproduction and preliminary processing conditions, made according to the set form in Appendix 5 to this Regulation (not printed herein); cIOtherrelevantdocuments(if any). 2.Within 15(fifteen) daysafterreceiving valid © VIETNAM LAW &LEGAL. FORUM Issue nos 06-0710ctober 2008 (GOng Baooosfa5.5B61fJctr:rer27, 20)8) OFFICIAL GAZETTE20 .',--.. .' registration dossiers, theprovincial-level Services ofAgriculture andRuralDevelopmentshallsetup assessment teams,eachcomprising between 3 and 5 members.The assessmentteamsshallexamine the dossiers and conduct on-site inspections; if necessary, takesoilandwatersamples foranalysis; make assessment records to be certified by representatives of the assessment teams and producers. If the prescribed conditions are met, the assessment teams shallrequest theprovincial-level ServicesofAgriculture andRural Development to grant certificatesof eligibilityfor productionand preliminary processing. If producers only preliminarilyprocess vegetables and fruits, they will be granted certificates of eligibilityfor safe vegetableand fruitpreliminaryprocessing. If the conditions are not yet fully met, the assessment teams shall clearly state in the assessmentrecordsthenormsnot vet meetingthe requirements and the timelimits for producers to remedy. After receiving the remedy reports, the assessment teamswillconductre-examination and propose the grant of certificates when the requirements are met 3. A certificate ofeligibility for safe vegetable andfruitproduction andpreliminary processing is validfor not more than 3 (three)years. One month before the expiration of their certificates, producers shall file dossiers of application for re-grant of certificates to the concerned provrncral-level Services ofAgriculture andRuralDevelopment togetherwiththeirreports on safe vegetable and fruit production and/or processing results in me validity period of the grantedcertificates. In case of having their certificates ofeligi bility for safe vegetable and fruit production and preliminaryprocessingrevoked,producers shall, after taking remedies, file dossiers ofapplication for re-grant of certificates to the concerned provincial-levelServicesofAgricultureandRural Development together with their reports on remediesalreadytaken. Dossiers and procedures for the regrant of certificates comply with Clauses 1 and 2 of this Article. 4. Dossiers for the grant of certificates of eligibilityfor safe vegetableand fruit production and preliminary processing will be archived by provincial-level ServicesofAgriculture andRural Development and producers in service of examination andinspection. 5. Producers that have already been assessed and granted VietGAP certificates by certifying organizationsare not required to file registration dossiers for certificates of eligibility for safe vegetable and fruit production and preliminary processing to the provincial-level Services of AgricultureandRuralDevelopment. Article 6.-Certification of safevegetable, fruit, tea productionand preliminaryprocessingunder VietGAP and tea processing under the sate tea processingprocess 1. In case of assessment, certification and supervisionbycertifying organizations aJ The procedures for, and contents of, assessruciu alld ~Iant ofVietGAPand supervision © VIETNAM LAW & LEGAL FORUM Issue nos 06-07/0ctober 2008 (C0r7gBaooos595-5.96,Q;fobr;r27, 2fXJ8) OFFIC!AL GAZETTE 21 after the grant of certificates comply with the VietGAP Certification Regulation promulgated togetherwithDecisionNo. 84J2008/QD-BNN; bl The procedures for. and contents of. assessmentand grantof certificatesof conformity with other GAP standards and supervisionafter the grantofcertificatescomplywiththeregulations of agencies that managesuch standards; cI For safe tea: Certifying organizationsshall adclitionallyassessprod~' processingprocesses and certify their conformity with the safe tea processing process promulgatedby the Ministry ufAgiic uluu c and Rural Development. 2. In case of self-assessment and internal supervision by producers aJ Conditionsfor self-assessmentand internal supervision: Safe vegetable, fruit, tea producers shall themselves assess and supervise the production process underVietGAPwhenmeeting thefollowing conditions: Possessinga certificateof eligibi Iity for safe vegetable and fruit production and preliminary processing;for safe tea producers, the jistof safe tea production and processing conditions,made according the set form in Appendix 5 to this Regulation (not printed herein), is also required; Havinga designatedoraccreditedlaboratory or a contract on the rent of a designated or accreditedlaboratory for testingfoodhygieneand safetycriteriaon vegetables,fruits and tea; Possessing or hiring designated or certified samplersto conduct tests. Possessing or hiring cultivation or plant protectiontechnicianswitha university or higher degreeandworking seniority ofthree yearsormore, and a certificate of training in assessment and internal supervision. b! Self-assessment and internal supervision order and contents: Elaborating a plan for self-assessment and internal supervision; Disseminatingandguidingtheself-assessment andinternal supervision plan, criteriaandmethods as wellasproductioninformation-updating forms tolaborers; Conducting the sel f-assessrnent and supervisionaccording to the criteriaand methods mentioned in Appendix 3 to the VietGAP Certification Regulation promulgated together with DecisionNo. 84/2008/0D-BNN, For safe tea: Producers shall themselves additionallyassessand supervisetheirprocessing processes and certify their conformity with the safe tea processing process promulgated by the Ministry ofAgricultureand RuralDevelopment; ' Iaking typical vegetable, fruit and rea samples (representing eachkindof product)inproduction, preliminary processing, processing or inthemarket tar testing foodhygiene andsatery crlterlaspecified. inAppendix. 3 tothisRegulation; Based on the self-assessment results. if deeming that they fully meet the conditions, producers shall make self-assessment reports servingas a basis for safe vegetable, fruit and tea notification. © VIETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE Issue nos 06-07/0ctober 2008 (Q)nq BJonos585-586KJcbX;er2~2COO1 Article7.-Safevegetable, fruitand teaproduct notification 1. Producers shall file their dossiers of safe vegetable, fruitand teaproductnotification to the provincial-level ServicesofAgriculture andRural Developmentof the localities of production, each comprising: aJ In case of notification based on results of assessment and supervision by certifying organizations: ~ The safe vegetable,fruit and teanotification document, made according to the set form in Appendix 6 IO this Regulation (noiprimed herein); ~ A valid copy of the VietGAPcertificate (or certificate of conformity with other GAP standards); A validcopy of the certificate of conformity with the safe tea processing process (in case of safe tea product notification), issued by the certifyingerganization; A vaHd copyof thetypical sample-testing result card (if any). bl In case of notification based on results of self-assessmentand mternat supervision; The safe vegetable,fruit and teanotification document, made according to the set form in Appendix 6 to thisRegulation (notprintedherein); The self-assessment and international supervision planandcriteria: The report on self-assessment of the production,preliminaryprocessingor processing procc",,; A valid copy of the producer's decision designating the laboratory a taborarorv-rentinz contract; A valid copy of the decision designating, or training certificates of, samplers; Valid copies of professional certificates of assessorsand internal supervisors; A valid copyofthetypical sample-testingresult card. 2. Within 7 (seven) working daysafterreceiving thevaliddossiers, theprovincial-level Servicesof Agriculture and Rural Development shall send writtennotices.made accordingto the set fonn in Appendix 7to thisRegulation (notprimedherein), to producershavingsubmittedthesedossiers, 3, After making the nonttcauons, producers shall: 31 Publicize their notifications on the mass media; bl Submit to the certifying organization's supervision or conduct the internalsupervisionin order to guarantee that theproduction, preliminary processing or processing processes conform LO YietGAP or sate tea processing process; cI Upon detectingthat thequality ofproduced or tradedvegetables. fruits andteais notcompliant with the notifications, immediately carry out remedies, stop the production and trading and recover unconformable products already harvested, preliminarily processed, processed or being circulatedon the market. In case of failure to remove the non-safety e VIETNAM LAW & LEGAL FORUM Issue nos 06-07/0ctober 2008 (COng RRof):)S 58s.586iOdober27, XOO) OFFICIAL GAZETTE 23 danger, report such to the concerned provincial level Services of Agriculture and Rural Development for invalidationof thenotifications, 4. Notification dossiers will be archived by provincial-level ServicesofAgriculture andRural Development and producers in service of examination andinspection. Article 8.- Safe vegetable,fruitandtea trading 1.Organi zarions and individual" Tf'.gi>:t~ring fnr vegetable, fruit and tea tradingat shopsor agents (belowreferred toas goods sellers)shall observe the relevant regulations of trade andhealth services andalsosatisfy thefollowing conditions: aJ Having a validcopy of the notice of receipt of the safe vegetable, fruit and tea notification document of the provincial-level Service of Agriculture andRural Development of thelocality ofpnxluclion; hi Having contracts, warehousing anddelivery bills, goodsoriginpapersorbooksclearly recording types, volumes andoriginsofsafevegetables, fruits and tea and the warehousingand deliverytime; cI Safe vegetable, fruit and tell products must be contained in hygienic packagesand cases; the packages of or labels directly attached to each product must contain at least the following information: Nameand addressof thesafe vegetable, fruit UJ tea produi..X:I, The phrase "rau, qua, che an toan" (safe vegetable, fruit, tea). It is encouraged to print the numerical or bar codes;VietGAPlogo,brandsof the producer and certifying organization and other information on packagesor labels. Forfinished teaproducts, apartfrom theabove mentioned information, their labelsmust havefull contents according to theState'scurrentregulations. 2. Producers or goods sellers, when troding in safe vegetables, fruitsand tea in the form efdirect supply to customers or wholesale at wholesale markets, must satisfy the following conditions: aJ Havingcontracts, warehousing anddeli very biUs; goodsorigin papers orbooks clearlyrecording types, volumes andorigins of safevegetables, fruits and teaand the warehousingand delivery time; bI Safe vegetable, fruit or tea products must be contained in hygienic packages, cases and transported on hygienic means, but must not necessarily contain the information specified at Pointe, Clause 1of thisArticle. 3.Organizations andindividuals exporting safe vegetables,fruits or tea must ensure theirquality required by importers; if they cannot export but put themintodomestic circulation, theymustmeet the management requirements defined in this Regulation andrelevantlegal provisions, 4. Orgunizations and individuals importing safe vegetables,fruits or tea mustensure theirquality andabidebythemanagementrequirements defined in this Regulation as well as other legal provisions. Article9.- Inspection, andhandling ofviolations 1.Inspection © VIETNAM LAW & lEGAL FORUM 24 OFFICIAL GAZETTE Issue nos 06-07fOctober 2008 (GOng Bao nos585-SB61October27, 2008) a/TheCultivationDepartment; meAgricultural, Foresrry andAquaticProduct Quality Managernem Department; theAgriculmral, Forestry andAquatic Product Processing and Trading and Salt Production Department; the Plant Protection Department; and provincial-level Services of Agriculture and Rural Department (below collectivelyreferredtoasinspection agencies) shall, accordingto theirfunctions and tasks,setup teams for regular and extraordinary inspections of vegetable, fruit or tea producers, preliminary processorsand processors underArticle29of the law onProductand GoodsQualityanditsguiding documerus. When necessary, the Cultivation Department shallassume theprimeresponsibility for setting up an inspectionteam comprising representativesof the above-said agencies. bl Safe vegetable, fruit, tea sellers, exporters and importers submit to regular and extraordinary inspectionsbycentral andlocal inspection agencies according to law. c/ The specific order of and procedures for inspection ofsafe vegetable, fruitor tea producers, importers and sellerscomply with Articles29,35 and39oftheLaw on Product andGoods Quality and itsguidingdocuments. 2 Hanclling of violarions committed hy producers aJ In the course of inspection, if detecting that producersfail to meet theproduction, preliminary processing orprocessingconditions, fail tocomply with VietGAP (or other GAP standards) and the safe teaprocessingprocess,fail tonotifyproducts> conformity with standards and technical criteria, the inspection teamsshallrequest the producersto immediately take remedies within specific time limits: andwithin 24 hourstoreport to theinspection teamsforhandlingaccordingto theircompetence; beforeputting their products into the market, the producersshallnotifytheinspectionteamsthereof inwriting. If theproducers continue theirviolations, within 7 working days after the issuance of conclusions on violations,theinspectionteams shallpublicize on the mass media the names and addresses of the producers and the names of unconformable productsand the levelsof non-unconformity, lfthe producerskeepcommitting theviolations after the announcement on the mass media, the inspection teams shall propose competent state bodies to handle under the guidance at Item c, Clause2ofthisArticle andrelevant legalprovisions. bl In the courseof'Inspection, if detecting signs of failure toensurethequality, the inspection teams may take product samples. If the test results I;;onfirm the pr oduc.ts" non-conformity with provisions of Appendix 3 to this Regulation, the inspectionteamsshallpublicizethemon themass media; stop the production and processing of unconformable products for remedies; and, depending on the severity of violations, propose competent state bodies to impose <;;!ln~tinn<;;(fnrl~T theguidancein Itemc, Clause 2 ofthisArticleand other legal provisions. cl If producers commit serious violations or decline to remedy them after the announcement on the mass media or repeat their violations after two consecutive inspections, the Cultivation @ VIETNAM LAW & lEGAl. FORUM Issue nos 06-0710ctober 2008 (GOng Bi!OfYJS585.586iOctcber27, 2OCJ8) OFI=ICIAL GAZETTE 25 Department and the concerned provincial-level Services of Agriculture and Rural Development shaH consider the withdrawal of certificates of vegetable, fruit and tea production andpreliminary proc~.",,,ing under Vit>:tGAp, or certificates of te::l processingunder the safe-teaprocessing process. Depending on the severity of violations, the inspection teams shall also propose competent state bodies toimposeadministrative sanctions according to current regulations on sanctioning of administrative violations in the domain ofproduct andgoodsquality; incaseof.serious violations, penal liability will be examined. 3.Thehandling ofviolations committed bysafe vegetable, fruit andteasellers complies withArticle 40 of theLaw on Product and GoodsQuality and its guidingdocuments. 4. Thehandling ofviolations committed bysafe vegerahle, fruit and tea importers complies with Article 36 of the Law on Product and Goods Qualityanditsguidingdocuments. 5. Inspection, and handling of violations committedbycertifying organizations aJ VietGAP-certifyingorganizations shall submit to supervision,inspectionand violationhandling under the VietGap Certification Regulation promulgated togetherwithDecisionNo.84/2008/ QD-BNN and other legalprovisions; b/TheCultivation Departmentshallassume the prime responsibility for, ::mriroordin::ltt>: with the Agricultural, Forestry andAquatic ProductQuality Management Department in, inspecting, and handling violations committedbyorganizations and individuals having registered their operations in Vietnam in order to certify the conformity with other GAP standards equivalent to VietGAP. Article 10.- Provisions on sampling and sample testing I. The sampling of soil, water and vegetable, fruit, tea products under this Regulation must be conductedby designatedorcertifiedsamplers. 2. Sampling methods: a/ The soil sample volume and sampling methods comply with TCVN 4046:1985 and TCVN5297:1995 or 1OTCN 367:1999; hI The water sample volume and sampling methodscomply with TCVN6COO: 1995,fgground water; TCVN 5996-1995, for river and stream water; or TCVN5994-1995, forpond,naturaland man-made lake water; c/ Vegetable, fruit and tea samples will be taken by the sampling methods prescribed in technical standardsand norms corresponding to each type ofproduct. 3. Soil, water and vegetable, fruit as well as tea samples shalJ be analyzed at designated or accredited laboratories by the testing methods statedinAppendices 1,2 and 3 to thisRegulation orothertestingmethodswithequivalentaccuracy degree. 4. Pending the promulgation of technical regulation: Safe Vegetable. Fruit and Tea - Food Hygieneand Safety Criteria, vegetable, fruit and tea samplesareconsideredsafe if theysatisfy the food hygiene and safety criteria mentioned in Appendix 3 to thisRegulation. © VIETNA LAW & LEGAL FORUM 26 OFI=ICIAL GAZETTE Issue nos 06-07fOctober 2008 (GOng Bilonos 585-586!October27, 2(08) Article 11.~ Samplingand testingcosts 1. Producers shall bear the costs at soil and wafer sampling and analysis for the grant of certificatesof eligibility for safe vegetable,fruit and rea production and preliminary processing; the costsof productsampling andtesting; thecosts of certification of safe vegetable, fruit and tea productioa OUID preliminary processing illconformity with VietGAP, the costs of certification of tea processing in conformity with the safe tea processing-process, UnlCS3 they arc provided with statebudget supports. 2.Thecosts of samplingand sampletestingin service ofinspection inproduction andmarketsale shall 00paidbyinspection agencies; iftheinspection agencies conclude thatproducersor sellersbreach theregulations, suchproducersor sellersshallpay thecosts of samplingand sampletesting. Article12.- Assignmentof implementation 1.TheCultivationDepartmentshall: af Guide the formulation of a planningon safe vegetable, fruitandteaproduction zones nationwide and in each locality;to direct the implementation of safe vegetable, fruit and tea development programsand projects; bl Conduct training, designate samplers and iaboratories andmanagetheiroperation according to regulations. Designate safevegetable, fruitand tea certifying-organizations and manage their activities underDecisionNo.84/2008/QD-BNN. cl Train and retrain assessors and internai supervisors in VietGAP andVietGAP certification for concerned organizations and individuals throughout thecountry; dIGuideprovincial-level Services ofAgriculture andRuralDevelopment incertifyingtheeligibi lity for safe vegetable, fruit and tea production and preliminary processing; designateandoverseethe operations of,certifying organizations; el Assume the prime responsibility for, and coordinate withrelevantbodiesof theMinistryin, examining, inspecting,and handling complaints abuut safe vegetable, fruit arul tea IJJUdUCliuJI, tradingandcertification underVietGAP; fl Publicize on the mass media lists of designatedsamplers, laboratories and certifying organizations; producers fully qualified for safe production and preliminary processing; and VletGAP-certltled producersnanonwide. 2. The Agricultural, Forestry and Aquatic ProductQuality ManagementDepartmentshall aJCoordinatewith theCultivation Department in examining, inspecting and settlingcomplaints dbuut saft;; vegetable, [wit and tc-a pJodul:-tioJJ, tradingandcertification underVietGAP; bl Participate in training and retraining in VietGAP, standardsand technicalregulations for safe vegetable, fruit and tea producers and processorsnationwide; d Assume theprimeresponsibility forinspection and detectionof the causesofproducts' faiIUTeto meet the food hygiene and safety requirements andproposeremedies; dI Selectively inspect according 10 approved annual plans or extraordinarily under thl' Minister's © VIETNAM LAW & LEGAL FORUM ~ Issue nos 06-07/0ctober 2008 (COng8don:JS~S861~27. ;.we) OFFICIAL GAZETTE 21 assignment the safe vegetable, fruit and tea production, preliminary processing and processing conditions. 3. The Agricultural, Forestry and Aquatic Product Processing and Trading and Salt Production Departmentshall: u/ Submit to the Ministry for promulgation technical regulations, the safe tea processing process; regulations oncertification of conformity with the safe tea processing process; hICoordinate with theCultivation Department in examining,inspecting,and settlingcomplaints about safe tea productionandprocessing; cl Participate in training and retraining in technical standards and processes of preserving and preliminarilyprocessing safe vegetablesand fruits and processing safe tea for safe vegetable, fruit and tea producers nationwide. 4. The PlantProtectionDepartmentshall: nJ Conduct training and retraining in, and direct the application of, integrated pest management (IPM, ICM) processes on vegetables, fruits and tea, and safe vegetable, fruit, 1...:'1 production processes under VietGAP; hi Professionally direct and guide the plant protection systemsin localities in performingthe tasks of safe vegetable, fruit, tea production and trading; c/Coordinatewithconcernedbodiesunderthe Ministry in examining, inspecting, and settling complaints ahout safe vegetable, fruit and tea production andlrading nationwide. 5.The Science,Technologyand Environment Department shall: aJ Assume the prime responsibility for, and coordinate withconcernedbodiesin,scrutinizing, amending and formulating standards, technical regulations, safevegetable, fruit. tea production and processingprocesses; bl Manage research subjects,projects on trial production, preliminaryprocessing andpreservation of safe vegetables, fruits and tea. 6. The National CenterforAgricultural-Fishery Extension shall: aJParticipate in VietGAPtraining, retraining anddissemination; bI Conductpropagation in service ofpromorion of safe vegetable, fruit and tea production and trading; cl Build up demonstration models on safe vegetable, fruitand teaproductionunder VletGAP in key regions for recommendation of wide application. 7.Provincial-level ServicesofAgricultureand RuralDevelopment shall: al Submit to provincial-level People's Committeesplannings on safevegetable, fruit and tea production zones and investment projects on safe vegetable, fruit and tea production development in tlieir respective k)(;<llitic-~; bl Suggest mechanisms and policies to encourage and support safe vegetable, fruit and tea production and trading in their © VIETNAM LAW &LEGAL FORUM 28 OFFICIAL GAZETTE Issue nos 06-07fOctober 2008 (GOng DaooosS05-506~27. 2(08) localities; cIOrganize thegrantofcertificates ofeligibility for safe production and preliminary processing; designate andmanagetheoperations of,certifying organizationsin their localities; norify thereceipt of localproducers' notification of safevegetables, fruits and tea produced underVietGAP; dJ Promulgate safe vegetable, fruit and tea producties processes suitable to local practical conditions, based on VietGAP; e/Train andretrainin,and grantcertificatesof training or retraining in, safe vegetable,fruit and teaproduction andpreliminaryprocessingin their localities; HExamine and inspect safe vegetable, fruit and tea production and coordinate with local state managementbodies in inspectingsafe vegetable, fruit and tea trading in localities: gJ Publicize on the mass media the lists of producershaving notifiedsafevegetable, fruitand teaproduction; producersfullyqualified for safe productionandpreliminary processing; VietGAP certifiedproducers; producerscertified for safe tea processing;designatedsamplers,Iaboratones andcertifying organizations inlocalities. Article 13.- Implementation provisions 1.Organizations andindividualshavingmade registration for vegetable, fruitandteaproduction and trading must fully satisfy the production, preliminary processing and processing conditions andpromulgate safevegetables, fruits andteaunder this Regulation according to the following schedules: a/Enterprises, non-business units, cooperatives, supermarkets, wholesaling households: before December31, 20ro. bIPeasanthouseholds carryingoutproduction after the fann model and retailing hou.whoJds: beforeDecember 31, 2012; cl Otherorganizationsand individuals: before December31,2013. Organizations and individuals thatcomplywith this Regulation ahead of schedule will enjoy incentives andpriority for statebudget supports(if any). 2.Toassign the CultivationDepartment to act as the majorbody tomonitor,guide and organize the implemenrationof this Decision. Anydifficulties and problems arising in the course of implementationshouldbereportedto theMinistry of Agriculture and Rural Development (the Culuvation IkfJiHlHJCHt) fut timely suJutivn. For the Ministerof Agriculture and Rural Development VICe Minister BUI BA BONG @ VIETNAM LAW & LEGAL FORUM Issue nos 06-07/0ctober 2008 (GOngBaoms585fJJ5,1();trJEr27, 2C(8) OFFICIAL GAZETTE Appendix 1 29 AlIoWllbl~ maximum limits of a numbee of heavy metals in soil (Attached to Decision No. 9912008lQD-BNN of October 15, 2008, of the Minister ojAgriculture and Rural Development) Allowable maximum No. Element limit (rng/kg of Testing method * dry soil) I Arsenic (As) 12 TCVN 6649: weo 2 Cadmium (Cd) 2 (ISO 11466:19(5) TCVN 6496: 1999 3 Lead (Pb) 70 (15011047: 19%) 4 Copper (Cu) 50 5 Zinc (Zn) 200 * Other testing methods with equivalent accuracy degree om be u,,<,n. Appendix 2 Allowable maximum limits of a number of heavy metals in irrigating water (Attached to Decision No. 9912008lQD-BNN of October 15,2008. of the Minister ofAgriculture and Rural Development) No. Element Allowable maximum limit Testing methode (mg/liter) 1 Mercury (Hg) 0.001 TCVN 5941:1995 2 Cadmium (Cd) 0.01 TCVN 665:2000 1 Arsenic (As) 0.1 TCVN 665:2000 4 Lead (Ph) 0.1 TCVN 665:2000 '" Other testing mernods with equivalent accuracy degree can be used. e VIETNAM LAW & LEGAL FORUM 30 OFF ICIAL GAZETTE Appendix 3 Issue nos 06-01fOctober 2008 (COn.q &ionos 585-586KJdoter27, 2008) Allowable maximum limits of a nwnber of microorganisms and harmful chemicals in vegetable, fruit and tea products (Attached to Decision No. 99!2008lQD-BNN ofOctober 15, 2008, of the Minister ufAgriculture and Rurul Development} No. Content Allowable Testing method maximum limit I NO} content (for vegetables) mg/kg TCVN 5247: 1990 1 Cabbage lectuce 1,500 2 Spicy vegetables 600 3 Cabbage, kohlrabi, cauliflower, silver 500 beet, garlic 4 Shallot, gourd, pumpkin, squash, chilly 400 311hP.rsint" 5 Vegetable maize 300 6 Potato. carrot 250 7 Pea and bean, asparagus, sweet chilly 200 8 Tomato, cucumber 150 9 Melon 90 10 Onion 80 11 Water melon 60 11 Harmful microorganisms (for CFU/g ** vegetables, fruits) 1 Salmonella 0 TCVN 4829:2005 2 Coliforrns 200 TCVN 4883:1993; TCVN 6848:2007 3 Escherichia coli 10 TCVN 6846:2007 e VIETNAM LAW & LEGAL FORUM Issue nos 06-07/0ctober 2008 (Cong Belo1m585-596/O:;iulA:il2 7, 2008) OFFICIAL GAZETTE 31 III Heavy metal content (specified for mglkg vegetables, fruits and tea) 1 Arsenic (As) 1.0 TCVN 7601 :2007; TCVN 5367:1991 2 Lead (Pb) TCVN 7602:2007 Cabbage, leaf vegetables 0.3 Fruits, other vegetables 0.1 Tea 2.0 3 Mercury (Hg) 0.05 TCVN 7604:2007 4 Cadmium (Cd) TCVN 7603:2007 Leaf vegetables, basil, mushroom 0.1 Stem vegetables, root vegetables, 0.2 potato Other vegetables and fruits 0.05 Tea 1.0 IV Pesticide residue (for vegetables, fruits, tea) 1 Chemicals defined in the Health Under the Health Under TCVN or Ministry's Decision No. 46120071QD- Ministry's corresponding ISO, BYT of December 19,2007 Decision No. CODEX 46/20071QD BYTof December 19, 2007 2 Chemicals not defined in the Health Under CODEX Ministry's Decision No. 46/2007/QD~ or ASEAN BYT of December 19, 2007 Note: Ras.p.cl no the practical situation of pesticide use at production establishments to determine chemicals threatening to cause high pollution that requires analysis. * Other testing methods with equivalent accuracy degree can be used. ** ('al(,lIhlt~d on 2'l g of Salmonella © VIETNAM LAW & lEGAL FORUM