Vietnam: Procedures for recall in serious cases or an emergency

Circular No. 23/2018/TT-BYT on recall and disposal of disqualified foods under the management of the Ministry of Health of Vietnam was issued on September 14, 2018. Typically, this Circular specifies procedures for recall in serious cases or an emergency.

Specifically, according to Article 6 of Circular No. 23/2018/TT-BYT of the Ministry of Health of Vietnam, in case a product owner fails to carry out the recall or conducts the recall inconsistently with the mandatory recall decision issued by a competent authority or in another case of emergency as regulated in Point d Clause 5 Article 55 of the Law on food safety of Vietnam, the competent authority shall issue a decision to enforce and organize the recall. 

A decision on enforced recall of products must specify the name of the authority or organization responsible for that enforcement, name of the authority or organization supervising or witnessing the enforced recall of products, time limit for completion of the enforced recall and measures for disposal of recalled products.

Upon the completion of the recall and disposal of recalled products, the authority carrying out the recall and disposal of recalled products shall give a written notification requesting the product owner to pay expenses arising during the recall.

The product owner shall pay the costs of recall and disposal of recalled products (if any) within 15 days from the receipt of a written notification from the authority in charge of organizing the recall.

View details at Circular No. 23/2018/TT-BYT of the Ministry of Health of Vietnam, effective from November 01, 2018.

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