In what cases is the food testing conducted in Vietnam?

In what cases is food testing conducted in Vietnam?

Pursuant to Article 45 of the 2010 Food Safety Law stipulating the following cases of food testing:

Requirements on food testing

1. Food testing shall be conducted in the following cases:

a/ At the request of food producers and traders or other concerned organizations and individuals:

b/ For the state management of food safety.

Food testing for state management work shall be conducted by food testing establishments designated by line ministers.

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Food testing means the conduct of one or several tests and assessments of the conformity with relevant technical regulations and standards of food, food additives, food processing aids, food fortifiers, packages, tools and food containers.

Food testing will be conducted in the following 2 cases:

- At the request of food producers and traders or other concerned organizations and individuals;

- Testing as conducted by food testing establishments designated by line ministers for the state management of food safety.

In what cases is the food testing conducted in Vietnam? (Image from the Internet)

What conditions must a food testing establishment satisfy in Vietnam?

Pursuant to Article 46 of the 2010 Food Safety Law regulating food testing establishments:

Food testing establishments

1. A food testing establishment must satisfy the following conditions:

a/ Having an organizational apparatus and technical capacity meeting the requirements of national or international standards applicable to testing establishments;

b/ Establishing and maintaining a managerial system meeting the requirements of national or international standards:

c/ Registering the operation of assessment of conformity with standards or technical regulations with a competent state agency when engaged in certification of standard or regulation conformity.

2. Food testing establishments may provide testing services, collect testing charges and take responsibility before law for the results of tests they perform.

3. Line ministers shall specify conditions for testing establishments defined in Clause 1 of this Article.

Thus, food testing establishments must satisfy the following conditions:

- Having an organizational apparatus and technical capacity meeting the requirements of national or international standards applicable to testing establishments;

- Establishing and maintaining a managerial system meeting the requirements of national or international standards:

- Registering the operation of assessment of conformity with standards or technical regulations with a competent state agency when engaged in certification of standard or regulation conformity.

Who pays for the expenses for food sampling and testing in Vietnam?

Pursuant to Article 48 of the 2010 Food Safety Law regulating expenses for food sampling and testing:

Expenses for food sampling and testing

1. Expenses for food sampling and testing to serve food safety examination and inspection shall be paid by agencies that decide on such examination and inspection.

2. Based on testing results, if agencies that decide on food safety examination and inspection conclude that food producers or traders violate the law on food safety, the violators shall refund food sampling and testing expenses to the examination and inspection agencies.

3. Organizations and individuals that request food sampling and testing shall themselves pay expenses for food sampling and testing.

4. Expenses for food sampling and testing in food safety-related disputes or complaints shall be paid by petitioners or complainants. When testing results affirm that food producers or traders violate regulations on food safety, the violators shall refund expenses for sampling and testing of foods involved in disputes to the petitioners or complainants.

Thus, the expenses for food sampling and testing are specified as follows:

- Expenses for food sampling and testing to serve food safety examination and inspection shall be paid by agencies that decide on such examination and inspection.

- Organizations and individuals that request food sampling and testing shall themselves pay expenses for food sampling and testing.

- Expenses for food sampling and testing in food safety-related disputes or complaints shall be paid by petitioners or complainants.

- When testing results affirm that food producers or traders violate regulations on food safety, the violators shall refund expenses for sampling and testing of foods involved in disputes to the petitioners or complainants.

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