Duties and powers of the Department of Food Safety in Vietnam

Duties and powers of the Department of Food Safety in Vietnam (Internet image)

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

1. Does the Department of Food Safety have legal status in Vietnam?

- The Department of Food Safety is a specialized department under the Ministry of Health, performing the function of advising and assisting the Minister of Health in state management and organizing law enforcement in the field of food safety.
under the responsibility of the Ministry of Health assigned to manage nationwide.

- The Food Safety Department has legal status, its own seal, its own account, and is headquartered in Hanoi.

Thus, the Department of Food Safety has legal status.

(Article 1 of Decision 2728/QD-BYT 2018)

2. Duties and powers of the Department of Food Safety in Vietnam

Duties and powers of the Department of Food Safety in Vietnam are specified in Article 2 of Decision 2728/QD-BYT 2018, including:

- Preside over the development and submission to competent authorities for promulgation of legal documents, policies, strategies, planning, plans, programs, schemes, and projects on food safety in the areas assigned to the management of the Ministry of Health and to guide and organize implementation.

- Preside over the development, amendment, and supplementation and submit them to competent authorities for promulgation:

+ National technical regulations for food products in the areas assigned to the management of the Ministry of Health;

+ National technical regulations or regulations on safety norms and limits for product groups at the request of specialized management ministries;

+ Regulations on general conditions to ensure food safety for food production establishments and business establishments and specific regulations on conditions to ensure food safety for establishments producing and trading food products and tools, packaging materials, and containers in direct contact with food under the assigned management scope of the Ministry of Health; Good Manufacturing Practices (GMP) guidelines for health protection foods;

+ Regulating conditions for ensuring food safety and guiding food safety management for collective kitchens, restaurants in hotels, resorts, restaurants, food service establishments, and street food businesses;

+ Regulating conditions for food safety testing facilities under the management of the Ministry of Health;

+ Regulations on the management of food additives, food processing aids, and micronutrients added to food in the field of pharmaceutical management assigned by the Ministry of Health;

+ Instruct, assign, and decentralize units to participate in and implement food safety management in the health sector at all levels.

- Preside, guide, and organize the implementation of propaganda, knowledge dissemination, and legal education; participate in reviewing, systematizing, consolidating, codifying, and monitoring the implementation of laws on food safety according to the provisions of the law.

- Preside, guide, and organize the implementation of monitoring, risk assessment, prevention, investigation, and coordination to prevent food poisoning and overcome food safety incidents under the management of the Ministry of Health.

- Direct, guide, and organize the implementation of food safety assurance throughout the process of production, preliminary processing, processing, preservation, transportation, export, import, and business for functional foods, micronutrients added to food, food additives, flavorings, food processing aids, bottled drinking water, natural mineral water, and food ice and tools, packaging materials, and containers in direct contact with food and other products not specified in the list under the management of the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development.

- Organize reception, manage documents, issue, and withdraw: Product declaration registration receipt for health protection food products, mixed food additives with new uses, food additives not on the list of additives allowed for use in food or not for the right users as prescribed by the Ministry of Health; Certificate of advertising content for health protection foods; Certificate of registration for the circulation of rapid test kits for food safety indicators according to the provisions of law.

- Organize receipts, manage dossiers, and issue, renew, suspend, and revoke: Certificate of establishment meeting food safety conditions for establishments producing and trading health protection foods and mixed food additives with new uses; Certificate of food safety facility meeting good manufacturing practices (GMP) requirements for health protection foods; Certificate of food safety knowledge for facility owners and people directly producing and trading food under the management of the Ministry of Health according to the provisions of law.

- Organize receipts, manage documents, issue and revoke: Certificate of free circulation for exported food products within the assigned management scope of the Ministry of Health when requested by organizations or individuals; health certificates and other certificates for exported food products when requested by organizations or individuals according to the provisions of law.

- Organize the receipt and management of documents; issue and revoke: receipt of a declaration of conformity with regulations; certificate of declaration of conformity with regulations for cigarettes.

- Focal point to advise and submit to the Minister of Health to designate:

+ Food testing and verification facilities under the assigned management scope of the Ministry of Health; arbitration testing basis and final conclusions when there are differences in the testing results of food testing units inside and outside the health sector;

+ State inspection agency on imported food safety for products under the assigned management scope of the Ministry of Health.

- Decision to appoint, re-designate, temporarily suspend, or revoke the appointment decision for:

+ Organizations certifying conformity to food products under the assigned management scope of the Ministry of Health;

+ Food testing facilities serving state management fall under the assigned management scope of the Ministry of Health.

- Direct and provide professional guidance on food safety management for the Department of Health (Food Safety and Hygiene Branch) or the agency or unit assigned by the People's Committee of the province or centrally run city to perform state management of food safety in the health sector; Organize training and professional development on food safety.

- Organize and carry out specialized inspections and inspections and handle violations of food safety laws within their authority according to the provisions of law; Participate in directing and guiding specialized inspection and testing of food safety under the state management of the Ministry of Health.

- Be the standing agency of the Central Interdisciplinary Steering Committee on Food Hygiene and Safety and the standing agency of the Food Standards Committee (Codex Committee) of Vietnam.

- Build a database on food safety; synthesize, make statistics, and periodically and irregularly report on food safety management on the basis of monitoring and synthesizing reports of specialized management ministries and provincial-level People's Committees.

- Organize scientific research and international cooperation in the field of food safety according to the provisions of the law.

- Manage organizations, officers, civil servants, public employees, assets, and assigned funds according to the provisions of the law and the decentralization of the Minister of Health.

- Perform other tasks and powers assigned by the Minister of Health.

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