Regulations on costs for collecting sampling and food testing in Vietnam

Regulations on costs for collecting sampling and food testing in Vietnam​ (Image from the Internet)

1. Requirements for food testing in Vietnam

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

- Food testing is carried out in the following cases:

+ At the request of organizations or individuals producing and trading food or other relevant organizations or individuals;

+ To serve the state management of food safety.

Food testing for the purpose of state management is conducted at food testing facilities designated by the Minister of the sector management ministry.

- Food testing must meet the following requirements:

+ Objectivity and accuracy;

+ Compliance with specialized technical regulations.

2. Regulations on costs for collecting sampling and food testing in Vietnam

Regulations on sampling and testing costs for food according to Article 48 of the Food Safety Law 2010 are as follows:

- The costs for sampling and testing food for inspection and food safety auditing are borne by the agency deciding on the inspection and audit.

- Based on the test results, if the agency issuing the decision for inspection and food safety auditing concludes that the organization or individual producing or trading food has violated the regulations on food safety, then that organization or individual must reimburse the costs for sampling and testing to the inspecting or auditing agency.

- Organizations or individuals requesting food sampling and testing must pay the sampling and testing costs themselves.

- The costs for sampling and testing in food safety disputes and complaints are borne by the claimants. If the test results confirm that the organization or individual producing or trading food violated food safety regulations, then that organization or individual must reimburse the costs for sampling and testing related to the food safety dispute to the claimants.

3. Regulations on food testing establishments in Vietnam

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

- Food testing establishments must meet the following conditions:

+ Have an organizational structure and technical capabilities that meet national and international standards for testing establishments;

+ Establish and maintain a management system in line with national and international standards;

+ Register conformity evaluation operations with the competent state authorities if conducting standard and regulation certification activities.

- Food testing establishments are permitted to offer testing services, collect testing fees, and bear legal responsibility for the test results they perform.

- The Minister of the sector management ministry specifies the conditions of testing establishments stipulated in Clause 1, Article 46 of the Food Safety Law 2010.

4. Rights and obligations of food consumers in Vietnam

The rights and obligations of food consumers according to Article 9 of the Food Safety Law 2010 are as follows:

- Food consumers have the following rights:

+ Be provided with honest information about food safety, guidance on the use, transportation, storage, preservation, selection, and proper use of food; receive risk information and preventive measures when receiving warnings about food;

+ Request that organizations or individuals producing or trading food protect their rights according to the provisions of the law;

+ Request consumer rights protection organizations to protect their legal rights and interests according to the provisions of the law on consumer rights protection;

+ Complain, denounce, and initiate lawsuits according to the legal provisions;

+ Be compensated for damages according to the legal provisions caused by the use of unsafe food.

- Food consumers have the following obligations:

+ Comply fully with the food safety regulations and guidance provided by organizations and individuals producing and trading in transportation, storage, preservation, and use of food;

+ Promptly provide information when detecting risks that cause food safety hazards, report food poisoning, and foodborne diseases to the nearest People's Committee, medical facility, competent state authority, or the relevant organization or individual in food production and trading;

+ Comply with environmental protection regulations during the process of using food.

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