Latest requirements on food testing in Vietnam

Latest requirements on food testing in Vietnam (Internet image) 

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

1. Latest requirements on food testing in Vietnam

Requirements for food testing according to Article 45 of the Law on Food Safety 2010 are as follows:

- Food testing shall be conducted in the following cases:

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

+ For the state management of food safety.

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

- Food testing must:

+ Ensure objectivity and accuracy:

+ Observe professional and technical regulations.

2. Regulations for food testing establishments in Vietnam

Regulations for food testing establishments according to Article 46 of the Law on Food Safety 2010 are as follows:

- A food testing establishment 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.

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

- Line ministers shall specify conditions for testing establishments defined in Clause 1 of Article 46 of the Law on Food Safety 2010.

3. Rights and obligations of food traders in Vietnam

Rights and obligations of food traders according to Article 8 of the Law on Food Safety 2010 are as follows:

- Foods traders have the following rights:

+ To decide on internal control measures to maintain food quality, hygiene and safety;

+ To request food producers and importers to cooperate in recalling and disposing of unsafe food:

+ To select testing establishments to inspect food safety; to select testing establishments already designated for certification of regulation conformity for imported food;

+ To lodge complaints and denunciations and file lawsuits under law;

+ To get compensations for damage under law.

- Foods traders have the following obligations:

+ To comply with conditions for food safety assurance in the course of trading and take responsibility for the safety of food they trade in;

+ To inspect food origins and labels and documents related to food safety; to keep dossiers on food; to comply with regulations on tracing of origins of unsafe food under Article 54 of the Law on Food Safety 2010;

+ To supply truthful information of food safety; to notify consumers of safety assurance conditions in the course of food transportation, storage, preservation and use:

+ To promptly provide information on risks of food to become unsafe and methods of risk prevention to consumers upon receiving warnings of food producers or importers;

+ To promptly suspend their trading operation and inform food producers or importers and consumers of unsafe food upon detecting such food:

+ To promptly report to a competent agency on a food poisoning or a disease borne by foods they trade in and promptly remedy its consequences upon detecting it;

+ To cooperate with food producers and importers and competent state agencies in investigating food poisoning cases in order to remedy consequences, recall or dispose of unsafe food;

+ To comply with law as well as inspection or examination decisions of competent state agencies;

+ To pay food sampling and testing expenses as specified in Article 48 of the Law on Food Safety 2010;

+ To pay compensations under law for damage caused by unsafe food they trade in.

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