Scope of inspection for food manufacturers and food-trading businesses from November 9, 2023 in Vietnam

Scope of inspection for food manufacturers and food-trading businesses from November 9, 2023 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On September 25, 2023, the Minister of Health issued Circular 17/2023/TT-BYT amending, supplementing and abolishing a number of legal documents on food safety issued by the Ministry.

Scope of inspection for food manufacturers and food-trading businesses from November 9, 2023 in Vietnam

Specifically, from November 9, 2023, the scope of inspection for food manufacturers and food-trading businesses in Vietnam is as follows:

(1) Administrative records and legal certificates:

Business Registration Certificate or Household Business Registration Certificate, Certificate of Fulfillment of Food Safety Conditions (evaluate if they are required to obtain or exempt from a certificate as prescribed in Articles 11, 12, and 28 of Decree No. 15/2018/ND-CP); Certificate of Fitness for Work, Certificate of Training in Food Safety;

(Current Circular 48/2015/TT-BYT requires: Administrative records and legal certificates: Business Registration Certificate, Certificate of Food Safety, Certificate of Training in Food Safety; Health Certificate of the owner or persons who directly involve in food production and trading; Certificate of ISO/ HACCP (Hazard Analysis Critical Control Point) and the equivalent;)

(2) Acknowledgement of Registration of Product Disclosure, Product Self-declaration, Certificate of advertisement content verification. Evaluate the certificates according to Articles 4, 5, 6, 7, 8, 26 and 27 of Decree No. 15/2018/ND-CP;

(Current Circular 48/2015/TT-BYT stipulates as follows: Certificate of Submission of the Declaration of conformity/ and Certificate of the Declaration of conformity with food safety regulations, Certificate of Approval for Advertisement Contents;)

(3) Documents about the conformity with regulations on facilities and equipment of the owner or persons who directly engaging in food production and trading; the process of food production and processing; the origin and expiry date of food ingredients, substances and additives; other regulations related to food manufacturers and food-trading businesses and food products.

(4) Contents of food labels:

(5) The periodic inspection of food products;

(6) The implementation of regulations on food advertising (if any);

(7) Relevant papers related to the State inspection of imported foods (for businesses importing food or trading in imported food).

(8) Food samples shall be taken, if necessary. Food sampling shall comply with regulations in the Article 6 of Circular No. 26/2012/TT-BKHCN on the state inspection of the quality of goods circulating on the market and Clauses 3 and 8 Article 1 of Circular No. 12/2017/TT-BKHCN on amendments to Circular No. 26/2012/TT-BKHCN for sampling.

(Current Circular 48/2015/TT-BYT stipulates: Food samples shall be taken, if necessary. Food sampling shall comply with regulations in the Circular No. 14/2011/TT-BYT providing guidance on food sampling for inspection and examination of food safety, quality and hygiene)

Regulations on responsibilities for food safety examination in Vietnam

Specifically, Article 68 of the Law on Food Safety 2010 stipulates the responsibilities for food safety examination as follows:

- Food safety management agencies under line ministries shall conduct food safety examination in food production and trading under Articles 61 thru 64 of the Law on Food Safety 2010.

- Food safety management agencies under provincial-level People's Committees shall conduct food safety examination in their respective localities under regulations of line ministries and the assignment by provincial-level People's Committees.

- In case an inter-sector examination of food safety is related to the management scopes of many sectors or localities, the agency in charge of the examination shall coordinate with concerned agencies under related ministries, ministerial-level agencies and provincial-level People's Committees in conducting the examination.

- Food safety examination must ensure the following principles:

= Objectivity, accuracy, publicity, transparency and non-discrimination.

= Keeping confidential information, documents and results of examination related to inspected agencies and food producers and traders pending the availability of official conclusions;

= Causing no troubles to food producers and traders.

= Taking responsibility before law for relevant examination results and conclusions.

- Line ministers shall specify food safety examination activities in their assigned management domains.

More details can be found in Circular 17/2023/TT-BYT taking effect on November 9, 2023.

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