1. Decree No. 66/2016/ND-CP dated July 1st, 2016 prescribing investment and business conditions in such sectors and industries as plant protection and quarantine; plant varieties; common forest animal husbandry; livestock and animal production; fishery; food industry;
2. Decree No. 35/2016/ND-CP dated May 15th, 2016 elaborating a number of articles of the Law on veterinary medicine;
3. Decree No. 39/2017/ND-CP dated April 4th, 2017 on management of animal and aqua feeds;
4. Decree No. 69/2010/ND-CP dated June 21st, 2010 on biosafety for genetically modified organisms, DNA samples and products of genetically modified organisms;
5. Decree No. 181/2013/ND-CP dated November 14th, 2013 elaborating the implementation of certain articles of the Law on advertising.
This Decree takes effect from the date of its signing and abolishes Circular No. 48/2015/TT-BNNPTNT dated December 16th, 2015 providing specific guidance on conditions for plant protection services.
However, this Decree supplements the regulations according to which product owner has to send product recall notification to these agencies: provincial mass media agencies and central mass media agencies (if the recall involves two provinces or more), other relevant authorities and organizations as regulated by the soft law on protection of consumer rights and food safety authorities
Within 03 days from the completion of the recall, the product owner must submit a report on the recall of products to food safety authorities according to the Form No. 01 enclosed with this Circular. Under the earlier regulations , such time limit was not regulated.
In addition, Article 6 of this Circular supplements regulations on enforced recall 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. 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.
However, under the new regulations, with regard the voluntary recall, the product owner shall himself/herself select an appropriate measure for disposing of recalled products.
This Circular takes effect from November 1st, 2018.
To abolish Circular No. 17/2016/TT-BYT dated June 30th, 2016 and Decision No. 4930/QD-BYT dated September 15th, 2016.
However, this Decree adjusts specific fine levels imposed on many violations in food production and trading, in particular:
- Using expired ingredients or ingredients that have unknown origins for processing of foods, a fine equal to 01 – 02 times (with regard to individuals) and equal to 02 – 04 times (with regard to enterprises) the value of products shall be imposed.
- Using an amount of food additives/ food processing aids in excess of the maximum allowable level, the fine level is highly increased from VND 4,000,000 to VND 25,000,000 (with regard to individuals) and from VND 8,000,000 to VND 50,000,000 (with regard to enterprises).
- Using an amount of substances or chemicals in excess of the permissible level or using the ones that fail to meet technical regulations, the minimum fine level is increased from VND 20,000,000 to VND 30,000,000 (with regard to individuals) and from VND 40,000,000 to VND 60,000,000 (with regard to enterprises).
- Using food containers and primary packages which fail to satisfy technical regulations, the fine is increased from VND 7,500,000 to VND 15,000,000 (with regard to individuals) and from VND 15,000,000 to VND 30,000,000 (with regard to enterprises).
This Decree takes effect from October 20th, 2018 and replaced Decree No. 178/2013/ND-CP dated November 14th, 2013.
Notably, with regard to an imported shipment that has various types of food; blending food of which many ingredients belong to the management of at least 2 Ministries or belong to the management of 2 managing agencies in the field of Agricultural and Rural Development, the importer is optional to select 01 inspecting agency (in charge of receiving dossier) in order to carry out administrative procedures.
This Decision takes effect from the date of its signing and replaces Decision No. 3254/QD-BNN-QLCL dated December 27th, 2012.
The transformation into the reduced inspection with regard to imported food shall be decided by specialized inspecting agencies rather than customs authorities (point a Clause 2 Article 15 of Decree No. 15/2018/ND-CP).
“Equivalent certificate” to be used as the basis for determining entities to which the reduced inspection is applied as regulated in Article 18 of Decree No. 15/2018/ND-CP means the certificate granted by competent agencies, organizations to the system of quality management, food safety with regard to the production process of such products.
“Industrial kitchens” (not registered as a food business) are exempt from the issuance of Certificate of food safety in accordance with point h Clause 1 Article 12 of Decree No. 15/2018/ND-CP. According the result, these establishments must not apply for the Certificate of food safety (even they wish to be granted the Certificate of food safety).
However, the inspection is exempt only when quantities of import are suitable for the testing or research purposes.
Upon carrying out import procedures, enterprises shall themselves declare use purposes of consignments and take responsibility for the use of the goods for the right purposes already declared. In case use purposes are changed from testing or research to domestic use, the food safety inspection must be conducted.
1 Issuance of the certificate of food safety with regard to micro food manufacturers;
2. Effect of the Circular No. 57/2015/TT-BCT providing for food safety requirements to be satisfied by micro food manufacturers;
3. Issuance of the certificate of food safety to a seller that does not perform food manufacturing activities and whose products are under the management of more than one authority;
4. Application for license for small-scale manufacturing of alcohol for business purpose;
5. Issuance of the certificate of food safety to supermarkets that engage in both manufacturing and selling of foods;
Accordingly, micro food manufacturers shall be also exempt from the certificate of food safety under Decree No. 15/2018/ND-CP similar to micro food sellers. However, micro food manufacturers and micro food sellers must fulfill food safety requirements as specified in Clause 1 Article 22 of the Law on food safety.
Regarding Circular No. 57/2015/TT-BCT on food safety requirements with regard to micro food manufacturers, it has been abrogated by the Decree No. 08/2018/ND-CP thereby it is no longer applied.
With regard to a seller that does not perform food manufacturing activities and whose products are under the management of more than one authority, the issuance of certificate of food safety shall be carried out by competent food safety authorities affiliated to the Ministry of Industry and Trade.
With regard to any supermarket that engages in both manufacturing and selling of foods, it is required to obtain the only certificate of food safety for both such activities.
Therefore, the General Department of Vietnam Customs will allow enterprises to import milk cans (without attached food) for the purpose of introduction of new products.
However, enterprises must have written commitments with customs authorities where the goods are going to be imported regarding the recovery and destruction of the whole the aforesaid product (witnessed by environmental agencies , customs offices) after the duration of production introduction expires to avoid trade fraud.
In addition, aiming to prevent the production of fake, counterfeit goods to be sold in the inland market, it is required to clearly print purposes for display, product introduction on the packages.