LAW ON FOOD SAFETY OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, as amended and supplemented following Resolution No. 51/2001/QH10 dated 25 December 2001 of the 10^th session of the X^th National Assembly;

The National Assembly hereby issues the Law on Food Safety

CHAPTER I

GENERAL PROVISIONS

Article 1: Governing Scope and applicability

1. This Law provides for the conditions to assure food safety, food production and trading activities; food advertisement and labeling; imported and exported food; control of food contamination risks; prevention and dealing with food safety incidents; for the power, documents and procedures to issue certificates of eligibility for food production establishments; food testing; information, education and communication about food safety; State management of food safety and specialized inspectorate of foods safety.

2. This Law applies to all Vietnamese agencies, organizations and individuals; also to foreign organizations and individuals in Vietnam.

Article 2. Application of laws

1. Production and trading activities and other activities relating to food safety must comply with the provisions of this Law and provisions of other relevant laws such as those on plant varieties, breeding animals, plant protection and quarantine, aquaculture, veterinary, chemicals, quality of goods and products, standards and technical regulations, advertising and labeling, and other relevant laws.

2. If the food safety provisions applicable to production and trading activities of the food exploited in wild are set out in other laws, such provisions shall apply.

3. If an international treaty concerning food safety of which Vietnam is a member contains different provisions from those of this Law, such international treaty shall apply.

Article 3: Interpretation of terms

1. Food means any products ate or drank by people in form of raw or fresh, primarily processed or processed or preserved , but does not include drugs for human consumption, addictive substances and tobacco .

2. Food safety means to assure that food shall not cause any harm to people’s health and lives.

3. Conditions for food safety assurance include technical regulations and other provisions applicable to food, food production and business establishments and food business and production activities which are issued by the State competent management agency for the purpose of ensuring that food is safe for consumers’ health .

4. Food production means the carrying out of one, several or all the activities of cultivation, husbandry, harvesting, catching, primary processing, secondary processing, packaging and preservation during the food production process.

5. Primary processing means the treatment of cultivation, husbandry, harvesting or catching products in order to make raw and fresh food for instant consumption or to create raw materials or semi-products for the secondary processing stage.

6. Food secondary processing means the process of treating primarily processed food or raw and fresh food by industrial or traditional methods in order to make food materials or food products.

7. Food trading means the carrying out of one, several or all activities of introducing, preservation services, transportation services or trading of food.

8. Fresh and raw food means unprocessed food including meat, eggs, fish, aquatic and marine products, vegetables, bulbs and fruits which are fresh, and other unprocessed food excluding frozen food;

9. Food additive means any substance whether or not it has nutritive value which is intendedly added to food ingredients during the production process in order to retain and improve certain characteristics of the food products.

10. Food processing aids mean any substances extracted or existing as resides in food which are used with intended purpose in the process of secondary processing of food materials or ingredients to complete certain food technological purpose.

11. Food with micronutrients fortification mean the food which is added with various vitamins, minerals or other permitted ingredients to improve the nutritional value of such food.

12. Formula Food for Children means the food used particularly for children of under 12 months who are not breastfed or in order to supplement certain ingredient to breast milk.

13. Functional food means any foods used to support one or several functions of the body organs, help relax the body, improve resistance and reduce the risk of illness, including food supplements, health protection food, medical nutritious food etc;

14. Genetically modified foods means the food with one or several ingredients that have been modified by genetic technology.

15. Irradiated food means any foods preserved by way of using radiation substances with the aims of preventing food from degenerating and damaging.

16. Street food means the food processed for instant consumption which is displayed and sold in the street or at public places of similar nature.

17. Lot of food products means the products with the same name, label, and producer, and shelf life or date of manufacture.

18. Shelf life means a period of time during which a pre-packaged food remains to have the nutritional value and to be safe in the conditions of preservation stated in its label.

19. Contaminants mean any substances which are not intendedly added to food but exist in food as a result of the production, secondary processing, or due to the environmental pollution.

20. Food contamination means the presences of one contaminant in food.

21. Food contamination risks mean the possibility that contaminants penetrating into the food during the production

22. Food testing means to carry out one or several activities to try and assess the conformity of food, food additives, food processing aids, food supplements, packaging, and food containing materials and equipment with the technical regulations and relevant standards.

23. Food poisoning means the pathological status that happens unexpectedly due to absorption of poisonous or contaminated food.

24. Food-borne disease means any disease caused to human due to eating contaminated food with causative pathogens.

25. Food safety incidents mean any circumstances arising due to food poisoning, a food-borne disease or other circumstances arising in relation to food which cause harm to human health and lives.

26. Food traceability means the consideration and assessment of all stages during the production and trading process to identify the cause for loss of food safety.

Article 4. The principles of food safety management

1. Food safety assurance is the responsibility of the State and all organizations and individuals.

2. Food production and trade is a conditional activities and it has to assure safety for users; food producers and traders must bear responsibility for the safety of the food produced and traded by them.

3. Food safety is managed on the basis of relevant technical regulations and other regulations issued by the competent State management agency and applicable standards announced by producers.

4. Food safety control must ensure a clear division of responsibilities and coordination between various sectors and is carried out on the principles of analysis of risks and prompt control of all the activities carried out during the production, trading, and use of food.

Article 5. The Governmental policies on activities of food safety

1. To focus all the resources to develop a food safety testing, examination and management system to ensure food safety for consumers.

2. To support for researches, application of advanced sciences and technologies in the food production and trading activities.

3. To expand cooperation and entry into international treaties on mutual recognition with other countries, territories, international organizations, regional organizations and foreign organizations and individuals operating in the sector relating to food safety.

4. To encourage and develop a road map for compulsory application of the Good Manufacturing Practice (GMP), Good Agricultural Practice (GA), Good Hygiene Practice (GHP), Hazard Analysis and Critical Control Points (HACCP) and other advanced management systems for food safety control processes in food production and trading.

5. To encourage individual business households to improve their production conditions and to encourage food vendors to go for operations in the centralized market, the shops and other fixed marketplaces

6. To encourage and facilitate domestic organizations/individuals and foreign organizations and individuals to make investment in the development of standards and technical regulations, conformity assessment and testing of food safety.

Article 6. Strictly prohibited acts

1. Using, for food processing purposes, non-food materials or food materials which are out of shelf life or are not safe.

2. Using food additives, food-processing aids beyond the list of those permitted for use in food production and trading.

3. Producing and trading:

a) Pre-packaged products without label or breaching the labeling regulations.

b) Food that do not conform with the relevant technical regulations.

c) Rotten food, degenerated food or contaminated food which can cause harm to people’s lives and health.

d) Food containing toxic substances or contaminated food.

dd) Food with unclean, broken, torn or deformed containers and packing during the transportation process;

e) Meat or products processed from meat which have not gone through veterinary check or have gone through veterinary check but concluded to be unqualified.

g) Using products of animal died by poisoned or unknown reasons as materials for food processing.

h) Food that has not been permitted by the competent State management agency for production or trading for the purpose of epidemic prevention and control.

i) Food of which the declaration of its conformity with the technical regulations has not yet been registered with the State competent agency in case it is required to register such declaration.

4. Using food of which the shelf life has expired.

5. Using for transportation of food contaminated vehicles or those vehicles that have transported toxic substances.

6. Deliberately providing inaccurate or made-up results of food testing results.

7. Concealing, destroying the scene/evidence of a food safety incident; or taking other acts intentionally obstructing the detection and dealing with food safety incidents.

CHAPTER II

CONDITIONS FOR ASSURANCE OF SAFETY OF FOOD PRODUCTS

Article 7. General conditions for food

Food must meet the conditions for safety assurance including:

1. Relevant technical regulations providing for the restrictions applicable to pathogenic creatures, residues of pesticides, veterinary medicines, heavy metals, contaminating substances and other substances in food which might be harmful to consumers’ health;

2. Provisions on using food additives and food processing aids in food production and trading.

3. Regulations on the nutritious ingredients, supplements in children’s food and other special subjects;

4. Regulations on packaging and product labeling;

5. Regulations on food preservation.

6. Regulations on the micronutrients to be compulsory added to food which are applicable to the micronutrients without which consumers’ health shall be affected.

Article 8. Conditions for fresh and raw food products

1. To comply with the conditions set out in Article 7 of this Law;

2. With regard to the fresh and raw foods originating from animals, there must be a certificate of veterinary quarantine issued by the competent veterinary agency before circulation in the market;

3. With regard to the fresh and raw foods originating from plants, it is required to assure the traceability when circulated in the market.

Article 9. Conditions for processed food products

1. To comply with the conditions set out in Articles 7 of this Law;

2. With regard to pre-packaged processed food, the document of declaration of their conformity with the technical regulations must be registered with the competent State agency before being circulated in the market.

Article 10. Conditions for food additives and food processing aids

1. To comply with the conditions set out in Article 7 of this Law;

2. Users’ instructions must be stated either directly in the labels or in the insertion attached to each product unit in the Vietnamese language and another language according to the origin of products.

3. The document of declaration of their conformity with the technical regulations must be registered with the competent State agency before being circulated in the market.

4. They must be in the list of food additives or processing aids permitted for use in the food production and trading as provided for by the Minister of Health.

Article 11. Conditions for food with micronutrients fortification

1. To comply with the conditions set out in Article 7 of this Law;

2. Original materials forming the food must assure the safety and be able to retain all their inherent characteristics, the materials forming the food must not be interactive with each other so that it might result in the products being harmful to consumers’ health.

3. Only those micronutrients being other permitted vitamins, minerals and ingredients might be added to the food, provided that their content must be adequate enough in order not to cause any adverse impact on the consumers’ health in accordance with the regulations of the Ministry of Health (MOH).

4. The document of declaration of their conformity with the technical regulations must be registered with the competent State agency before being circulated in the market.;

Article 12. Conditions for special types of food

1. Functional food must meet the following conditions:

a) To comply with the conditions set out in Article 7 of this Law.

b) There must be authoritative scientific data and information available evidencing the usage of the ingredients that caused the announced functions;

c) For the functional food which is first put out for circulation in the market, a clinical experimental report of the usage of product must be produced by the organization designated by MOH; clinical experiments shall be carried out in accordance with the provisions of the Minister of Health.

d) For imported functional food, a certificate from the competent State agency of the manufacturing country or of the country allowing its circulation must be produced which contains confirmation of the usages of the products as stated in their labels;

2. GM food must meet the following conditions:

a) They must satisfy the conditions set out in Article 7 of this Law.

b) There must be a certificate of bio-safety issued by the competent agency of the country manufacturing the GM ingredient of the food;

c) With regard to imported GM food, there must be a certificate of free circulation issued by the competent agency of the exporting country;

3. Irradiated food must meet the following conditions:

a) To meet the conditions set out in Article 7 of this Law.

b) To fall within the list of irradiated and meet the regulations on the irradiation doses and how to label the food preserved by the irradiation method issued by the Minister of Agriculture and Rural Development (MARD) in coordination with the Minister of Science and Technology.

Article 13. Conditions for safety assurance with regard to tools, materials used for food packing and containing

1. Shall be made from safe material, and ensure not release poisonous substances, foreign smell or taste into food.

2. Shall not to be cracked, contaminated and eroded.

3. Shall be made to be easily cleaned, washing and to be easy for labeling.

4. The document of declaration of their conformity with the technical regulations must be registered with the competent State agency before being circulated in the market.

CHAPTER III

CONDITIONS FOR FOOD SAFETY ASSURANCE
OF FOOD PRODUCTION AND TRADING

Section 1

General conditions for safety assurance in food production and trading

Article 14. Conditions applicable to physical facilities, equipment and people directly involved in food production and trading

1. A food producing or trading establishment must meet the following conditions:

a) Have a location with appropriate area, and safe distance from toxic and contamination sources and other toxic factors.

b) Have enough fresh water.

c) Have appropriate equipment and facilities that are sufficient for material treatment, packing, preservation and transportation of various types of food; have appropriate equipment and facilities for disinfection, gowning, washing, lighting, ventilation, anticorrosion, dust-proofing, fly-proofing and rat/pest-proofing.

d) Have a waste treatment system in accordance with the legislation on the environmental protection.

dd) Maintain food safety assurance conditions and file records relating to the origin and source of food materials and other documents relating to the entire food production and trading process.

e) Comply with regulations on health standards, knowledge and practices of people directly involved in food production and trading.

2. Ministers of line-ministries, within the scope of their functions and duties, shall issue or coordinate in issuing technical regulations and other regulations for hygiene conditions of premises, equipments and tools in food production and trading sector and people who are directly involved in food production and trading.

Article 15. Conditions applicable to food preservation

1. Means and places for preservation shall meet the following requirements:

a) Having enough area to preserve each kind of food separately, being able to carry out loading and unloading manipulation safely and exactly.

b) Preventing effectively from temperature, moisture, insects, animals, dust, strange odors and adverse effects of environment, ensuring sufficient light, having specific devices to adjust temperature, moisture and other air conditions, having ventilation devices and other special storage conditions subject to the requirements of each type of food;

c) The place and means of preservation shall be cleaned regularly during the preservation process.

2. Food production and trading establishments must comply with appropriate preservation methods to the characteristics of each type of food and regulations of manufacturers during the preservation process.

Article 16. Conditions applicable to food transportation

1. Means of transportation of food must be made of materials not contaminating the food or its packages and being easy for cleaning;

2. Ensuring preservation conditions for food during transportation.

3. Not transporting food together with toxic goods.

Article 17. Application of management system with regard to food safety control process

Pursuant to the requirements for each specific group of food and pursuant to the socio-economic development status from time to time, the competent State management agency shall set forth a roadmap for compulsory application of advanced management systems to ensure food safety.

Section 2

Conditions for safety assurance in production and trading of fresh and raw food

Article 18. Conditions applicable to production of fresh and raw food

1. To ensure safety conditions with regard to soil, water sources and geographical location in accordance with the provisions of law.

2. To comply with the provisions of law concerning uses of plant varieties, breeds; fertilizers, animal feeds, pesticide, veterinary drugs, food preservatives, growth-promoting substances, weight-promoting substances, reproductive stimulants and other substances relating to food safety.

3. To properly treat waste substances in compliance with the laws and regulations on environmental protection.

4. To use detergents, disinfectants, antidotes, as the case may be, must ensure safety for people and the environment.

5. To maintain all food safety conditions and keeping records concerning source, origin of food materials and other documents relating to the entire process of fresh and raw food processing.

Article 19. Conditions applicable to trading of fresh and raw food

1. To comply with the food safety assurance conditions applicable to tools, materials used for food packing and containing, and to food preservation and transportation as set out in Articles 13, 15 and 16 of this Law.

2. To keep and maintain the hygiene of the business places.

Section 3

Conditions For Safety Assurance In Food Processing

Article 20. Conditions applicable to physical facilities, equipment, tools, human resources and food processing procedures

1. To ensure that all the conditions applicable to conditions concerning physical facilities, equipment and human resources set out in Article 14 of this Law are met in full.

2. Processing procedures must ensure that food is not cross-contaminated and does not contact contaminants and toxic factors.

Article 21. Conditions applicable to the materials used for food processing materials

1. The materials to be used in food processing must have clear origin and be safe as provided for by laws;

2. The food additives, processing aids, micronutrients must be named in the permitted list as provided for by the Minister of Health;

Section 4

Conditions For Safety Assurance In the Trading of Processed Food

Article 22. Conditions applicable for trading of pre-packaged food

1. To comply with the conditions set out in Articles 14, 15 and 16 of this Law.

2. To regularly check food being preserved in the storage and promptly remove spoilt or outdated food.

3. To obtain information about the food product name, production date, shelf life, and producer name and storage place and contact address.

Article 23. Conditions applicable to trading of non-packaged food

1. Taking appropriate measures to ensure that food does not contact with insects, animals, dirt and other contaminant elements.

2. Cleaning or sterilizing the tableware and containers of foods before use with regard to instant consumption.

3. Obtain information about the name, origin and production date of food products.

Section 5

Conditions for safety assurance of street food

Article 24. Conditions applicable to locations where food is set for sale

1. It must be far from sewers, rubbish dumps and other contaminant sources.

2. Food must be set for sale on tables or shelves higher from the ground in accordance with the law.

Article 25. Conditions applicable to catering equipment and food containers and people conducting food business

1. Food containers and food catering equipment must be cleaned and disinfected before use.

2. It is required to ensure that packing and other materials with direct contact with food must not be contaminant or infectious;

3. Having enough equipment for shading, sheltering from rain, dirt and insects.

4. Having enough fresh water for the processing and to ensure catering hygiene.

5. People conducting food business and services must comply with the provisions of law on health, knowledge and practices of people directly involved in food production and trading as set out in Article 14 of this Law.

Article 26. Application of general conditions for safety assurance in food production and processing

1. The provisions in Section 1, Chapter III of this Law do not apply to trading of street food.

2. The Minister of Health shall make specific provisions for the food safety assurance conditions applicable to the trading of street food.

Chapter IV

FOOD ADVERTISING AND LABELING

Section 1

Food advertising

Article 27. Registration of food advertisements

1. Before making an advertisement, an individual or organization with the advertisement product must submit the following information to the competent State management agency in charge of healthcare for the purpose of registration of the contents of the food advertisement:

a) Name and utility of the product;

b) Name of the main ingredients of the products and their content.

c) Name and address of the food producer/trader

d) The shelf life of the food.

dd. Warning of product usage (if any)

2. The State competent agency in charge of healthcare upon receipt of the registration documents must examine the details of the food advertisement.

3. The Minister of MOH shall decide upon the power, dossiers, procedures for registration and examination of food advertising details.

Article 28. Food advertising

Food advertising shall be carried out by organizations and individuals producing and trading food or by advertising service providers and must comply with the advertising legislation.

Section 2

Food labeling

Article 29. Labeling of domestically produced food

1. Organizations and individuals producing pre-packaged food, food additives and food processing aids in Vietnam must label such products before they are put out for circulation in the market.

2. In addition to the compliance with the provisions of laws on good labels, good labeling must also meet the following requirements:

a) Not to display in any form the fact that a food can work as a medicine.

b) To display the safety certification by a mark of conformity with the standards or technical regulations.

c) For food additives, their label must clearly state "Phu Gia Thuc Pham" (food additive) and other information about the scope of use, doses and using methods.

d) For irradiated food, GM food or GM food materials, their labels must clearly state "Thuc pham da qua chieu xa" (Irradiated food) or "Thực phẩm biến �ổi gen" (GM food) or “Biến �ổi gen” (GM) right next to the GM ingredients.

Article 30. Labeling of imported food

1. Imported food to Vietnam must be labeled in accordance with the good labeling legislation.

2. In addition to the compliance with the provisions of laws on good labels, irradiated food, GM food or GM food materials which are imported for circulation in the territory of Vietnam must also clearly state in the Vietnamese language "Thuc pham da qua chieu xa" (Irradiated food) or "Thực phẩm biến �ổi gen" (GM food) or “Biến �ổi gen” (GM) right next to the GM ingredients.

CHAPTER V

IMPORTED AND EXPORTED FOOD

Section 1

Conditions for food safety assurance for imported food

Article 35. Conditions for imported food

1. Food, food additives, processing aids, food packaging and containing materials must comply with the conditions for food safety assurance applicable to food products set out in Chapter II of this Law and must meet the following conditions:

a) The document of declaration of their conformity with the technical regulations must be registered with the competent State agency before being circulated in the market

b) They must be issued with a notice of confirmation of satisfaction of import requirements by the designated examination agency in accordance with the provisions of the line-ministry.

2. In addition to the conditions set out in clause 1 of this Article, functional food, food with micronutrients, GM food and irradiated food must have a certificate of free circulation or a medical certificate issued by the competent agency of the exporting country.

3. If Vietnam does not have any relevant technical regulations applicable to food, food additives, processing aids and packing and packing equipment relating to imported food, the international standards, regional standards or foreign standards under an international treaty or agreement of which Vietnam is a member shall apply.

Article 32. State examination of safety with regard to imported food

1. All imported food, food additives and materials used for packing or containing imported food must be examined by the State for food safety purpose, except for the following types of food:

a) Food carried along for personal use with an amount not exceeding the threshold of import duty payment;

b) Food being goods in the diplomatic or consular bags;

c) Food in transit or trans-border;

d) Food in bonded warehouse;

dd) Food being samples for testing or research;

e) Food processed by Vietnamese enterprises for foreign owners merely for export;

g) Food from a country that has entered into an international agreement with Vietnam on mutual recognition with Vietnam in the sector of safety certification shall be exempt from State examination of food unless there is any warning thereof or any indication found of a violation of the Vietnamese legislation on food safety;

2. The Prime Minister shall provide for the examination of the conditions for food safety assurance applicable to food production establishments, materials used for food packing or containing at in exporting country.

Article 33. Order, procedures and methods of State examinations of food safety

1. The order and procedures for State examination of the safety of imported food shall be in accordance with the legislation on goods and product quality concerning the quality control of imported food and with the following provisions:

a) Food shall only be discharged if a certificate of registration for food safety examination is produced

b) Food shall only be cleared after a notice of examination and certification of satisfaction of import requirements is obtained.

2. Methods of State examination of imported food safety include:

a) Strict examination;

b) Ordinary examinations;

c) Loose examinations;

3. The Minister of the line-ministry shall, within the scope of its management, make specific provisions for the method of State safety examination with regard to imported food.

Section 2

Conditions for safety assurance with regard to exported food

Article 34. conditions applicable to exported food

1. To meet the relevant technical regulations of Vietnam;

2. To have a certificate of conformity to technical regulations of the importing country issued by the designated organization at the request of the importing country as the case may be.

Article 35. Certification of exported food

1. The competent State agency of Vietnam shall issue a certificate of free circulation, a medical certificate, a certificate of source, certificate of origin or other relevant certificates with regard to exported food subject to the request of the importing country;

2. The Minister of the line-ministry within the scope of his management shall provide for the dossiers and procedures to issue the certificates set out in clause 1 of this Article.

CHAPTER VI

FOOD TESTING

Article 36. Requirements for food testing

1. Food testing shall be carried out in the following cases:

a) At the request of the production and trading organizations or individuals or other relevant organizations and individuals.

b) In service of the State management of food safety and shall be done by the food testing establishment designated by the line-ministry.

2. Food testing must be carried out in compliance with the following criteria:

a) Objectiveness, accuracy and transparency.

b) In compliance with the technical requirements of the testing activities.

Article 37. Food testing establishments

1. A food testing establishment must meet the following conditions:

a) Its structure and technical capacity must meet the requirements of the national standards and international standards applicable to testing establishments.

b) It must establish and maintain an appropriate management system as required by the national standards and international standards.

c) It must register practices of assessment of conformity with standards and technical regulations with the competent State agency, if they conduct this practice.

2. A food testing establishment shall be permitted to provide food testing services, collect testing fees and must be responsible before the law for the testing results produced by it.

3. Pursuant to the socio-economic development status, the Government shall make detailed provisions for the roadmap of application of the conditions set out in clauses 1(a) and 1(b) of this Article.

Article 38. Cost of sample taking and food testing

1. The cost of sample taking and food testing for the purpose of food safety supervision and inspection shall be borne by the agency that decided the supervision and inspection.

2. Pursuant to the testing results, the supervision and inspection agency shall decide whether the organization or individual engaged in food production, processing and trading of food violates the regulations of law on food safety. In case they do violate, they must pay for the costs of sample takings and testing in accordance with the decision of the supervision and inspection agency.

3. If there is a complaint or a denunciation about food safety and the supervision and inspection agency concludes that such complaint or denunciation is incorrect, then the complainant or denouncing organization and individual shall pay costs of sample taking and food testing.

4. Organizations/individuals with a request for sample taking and food testing must pay for the costs thereof.

CHAPTER VII
CONTROL OF FOOD CONTAMINATION RISKS; PREVENTION AND DEALING WITH FOOD SAFETY INCIDENTS

Section 1

Control of food contamination risks

Article 39. Subjects and details of food contamination risk control

1. Subjects of food contamination risk control include:

a) Food suspected from contamination at production or trading establishments;

b) Imported food suspected from containing contaminants;

c) Environment and food production, processing or trading establishments suspected from causing contamination;

2. Food contamination risk control covers the following:

a) Agents of food contamination;

b) Threats of food contamination to have impact on the public health;

c) Solutions to minimize and overcome the consequences of the contamination risk to the public health.

Article 40. Activities of control of food contamination risk

1. The control of food contamination risk consists of the activities of assessment, management and communication about the risk.

2. The assessment of food contamination risks covers the following:

a) Investigation and testing in order to identify possible dangers of food contamination that fall within different groups of agents such as microorganism, chemical and physical;

b) Determination of risks of such dangers to health, their scope and level of their impact on the public health.

3. The management of food contamination risks covers the following:

a) Make proposals on the solutions to limit contamination risks in each stage of the food supply chain;

b) Control and coordinate to limit food contamination risks in catering services and in other production and trading activities of food.

4. The communication about food contamination risks covers the following:

a) Provide information about preventative measures when food poisoning or food-borne diseases happen due to food contamination in order to improve public awareness on and sense of responsibility for food contamination risks;

b) Make announcement or give warning about dangers of food contamination; develop a food contamination risk warning system and threats of zoonosis and other food-borne diseases.

Article 41. Responsibilities for the control of food contamination risk

Line-ministries, within the scope of their respective functions and duties, shall organize the control of food contamination risk in accordance with Articles 39 and 40 of this Law.

Section 2
Prevention and dealing with food safety incidents

Article 42. Prevention of food safety incidents

1. Agencies, organizations, individuals are responsible to promptly notify the nearest local medical treatment and examination establishment or people’s committee or MOH when they discover any signs of a food safety incident for appropriate preventative measures.

2. Measures preventing food safety incidents include:

a) To ensure safety during the production, trading and use of food.

b) To educate, disseminate and communicate knowledge and practices of food safety to producers, traders and consumers.

c) To conduct food safety examination and inspection during production and trading of food.

d) To analyze food contamination risks.

dd) To conduct survey and research of food safety data.

e) To keep food samples.

3. People’s committees of various levels are responsible to take measures to prevent food safety incidents in their localities.

4. The Minister of Health is responsible to make specific provisions for the notifications of signs relating to food safety incidents; shall take lead and coordinate with ministries and sectors in organizing the taking of preventative measures with regard to overseas food safety incidents which might have impact on Vietnam.

Article 43. Dealing with food safety incidents

1. Agencies, organizations, individuals, upon detecting any food safety incident in the country or overseas which might affect Vietnam must promptly report it to the nearest medical treatments local people’s committee or MOH for appropriate preventative measures.

2. Measures to overcome food safety incidents include:

a) Timely discovering, giving first aid, treating patients with food poisoning and food-borne diseases or other circumstances arising from food and causing hazard to people’s health and lives.

b) Timely investigating to identify the cause of food poisoning, food-borne diseases and carry out traceability of food which causes food poisoning and food-borne diseases.

c) Suspending the producing and trading activities or recalling and dealing with circulated food which causes food poisoning and food-borne diseases.

d) Notifying food poisoning and food-borne diseases to concerned organizations and individuals.

dd) Taking measures to prevent food poisoning and food-borne diseases risks.

3. People’s committees of various levels are responsible to take measures to deal with food safety incidents in their localities.

4. The Minister of Health shall make specific provisions for the declaration of food safety incidents; shall take lead and coordinate with ministries and sectors in organizing the taking of preventative measures with regard to overseas food safety incidents which might have impact on Vietnam.

5. Organizations and individuals supplying food that cause food poisoning must bear all the costs of treatment for the victims.

Section 3

Food traceability, recall and settlement of unsafe food

Article 44. Traceability of unsafe food

1. During the inspection and examination of or dealing with food safety incidents, competent agencies, organizations and individuals have the right to ask for traceability of unsafe food.

2. AT a request for traceability of unsafe food, organizations, individuals are responsible to carry out the following requirements:

a) Identifying, notifying the infringing lot of food products based on the code printed in the label and archives file;

b) Requiring agents to report the quantity of products in each infringing lot, in actual inventory or being circulated in the market.

c) Collecting, reporting to competent state management agency on unsafe food, addresses of agents trading of unsafe food, recall plans and settlement measures.

Article 45. Food recall and disposal of unsafe food

1. Unsafe food which is unsafe and recalled include:

a) Expired products.

b) Products that fail to meet the relevant technical requirements.

c) Products of new technology that have not yet been approved for circulation.

d) Products damaged during storage, transportation and trading.

dd) Products that are autogenously or intendedly added to prohibited substances during food production and processing.

e) Products that have been imported and notified by the competent agency of the exporting country, another country or by an international organization to contain contaminants that might affect human health.

2. Unsafe food shall be recalled in the following manner:

a. Voluntary recall - to be conducted by the organizations/individuals producing and trading food.

b. Mandatory recall - to be conducted at the request of the competent State agency to the organization/individual producing and trading unsafe food.

3. Measures of disposal of unsafe food:

a. Recycle;

b. Conversion of the use purpose;

c. Destruction;

dd. Re-export.

e. Seizure.

4. Organizations/individuals producing and trading unsafe food are responsible to recall and dispose of such unsafe food; disclose information about the recalled products in accordance with the provisions of law; bear all the costs of the recall and disposal of food and provide a report thereon to the State competent agency.

5. If any organizations/individuals with unsafe products that have been requested to recall by the competent State agency, fail to do so within the prescribed time limit shall be coerced to recall and depending on the nature and seriousness of the violation be subject to an administrative penalty or prosecuted for criminal liability in accordance with the law. Organizations/individuals subject to coercive measure must be all the costs arising from taking such coercive measures.

6. Specialized management agency in charge of food safety has the responsibilities, namely t

a) provide for the time limit for completion of the recall or disposal of unsafe food, depending on the seriousness of the violation of the conditions for food safety assurance;

b) examine or inspect the recall of unsafe food;

c) deal with violation of the law on food safety in accordance with the authority provided for by laws;

d) if any food threats to cause adverse impact on the public health and in other urgent cases, the State management agency shall directly organize the recall of the food and request the organizations/individuals producing and trading that unsafe food to pay for the costs of such recall and disposal.

7. The Minister of line-ministry shall provide in detail for the recall and disposal of unsafe food

CHAPTER VIII

INFORMATION, EDUCATION AND COMMUNICATION ABOUT FOOD SAFETY

Article 46. Objectives and requirements of the information, education and communication about food safety

1. Information, education and communication about food safety is aimed at improving the awareness on food safety, changes of the backward behavior, customs and practices in production, trading, livelihood which cause harm to food safety and in order to protect human health and lives.

2. The provision of information, education and communication about food safety must meet the following requirements:

a) Accurate, prompt, clear, simple and practical;

b) Suitable to traditions, culture, national character, belief, social moral, religion, customs and habits;

c) Suitable to each category of beneficiaries

Article 47. Details of information, education and communication about food safety

1. Party’s guidance, lines and polices, and laws of the Government on food safety.

2. Knowledge on food safety in production, processing, trading and consumption of food; advanced control system of food safety for each target group.

3. Reasons for, ways of identification of food poisoning risks, food-borne diseases and measures to prevent and control of food safety risks; pilot models for ensuring food safety, food poisoning and food borne disease prevention.

4. Information about the name and address of the producer or trader; and about the name and the unsafe seriousness of the food product; effects of food non-safety to human lives and health and to the socio-economic development of the country.

5. Responsibilities of agencies, organizations and individuals in ensuring food safety.

6. Other issues relating to food safety.

Article 48. Subjects of accessibility to information, education and communication about food safety

1. Every people have the right to access to information, education and communication about food safety.

2. A priority in the information, education and communication about food safety shall be given to the following subjects:

a) Organizations, family households, individuals producing and trading raw and fresh food;

b) People managing and running food production and trading establishments; people directly involved in food production and trading;

c) Food consumers.

Article 49. Forms of information, education and communication about food safety

1. Direct manner through competent State agencies in charge of food safety.

2. Via mass media.

3. Being mainstreamed in the teaching and studying programs at educational establishments in the public system.

4. Through cultural, artistic and community activities and other forms of public cultures.

5. Through food safety inquiry check points set up at line-ministries.

Article 50. Responsibilities in information, education and communication about food safety

1. Agencies, organizations and units within the scope of their respective duties and powers are responsible for information, education and communication about food safety.

2. Ministers of Health, Agriculture and Rural Development (MARD), Industry and Trade and heads of ministries and ministerial-level agencies in providing accurate and scientific information about food safety.

3. The Minister of Information and Communication (MOIC) is responsible to give instructions to mass media agencies to regularly provide information and communications about food safety, mainstream food safety issue with other communication and information programs.

4. The Minister of Education and Training is responsible to take lead and coordinate with Ministers of MOH, MARD, ministries and relevant ministerial-level agencies in developing appropriate contents for food safety education in coordination with other issues.

5. People’s committees of various levels are responsible to organize the provision of information, education and communication about food safety to the local people.

6. Mass media agencies are responsible to give priority in terms of timing and length of their broadcasts to provide information, educate and communicate about food safety on the radio and televisions; also in terms of the volume and the position on a printed, visual or electronic newspaper in accordance with the regulations of the Minister of Information and Communication. The information, education and communication about food safety on the mass media shall be free of charge except for the cases where the program is broadcasted made under a separate contract or program or is sponsored by a domestic or foreign organization or individual.

CHAPTER IX

STATE MANAGEMENT OF FOOD SAFETY

Article 51. Content of state management

1. Develop and organize the implementation of food safety strategies, policies, master plans and plans;

2. Issue and organize the implementation of legal normative documents on food safety and technical regulations on food safety.

3. Manage the food safety testing system;

4. Manage the training on food safety skills;

5. Organize the communication, propaganda, dissemination of knowledge and laws on food safety;

6. Inspection, examination, dealing with complaints and denunciations, and dealing with breaches of the law on food safety;

7. Organize scientific and technological research in the sector of food safety.

8. Conduct international co-operation on food safety.

9. Carry out statistical work relating to food safety.

Article 52. State management agencies of food safety

1. The Government ensures State management of food safety nationwide in a uniform manner;

2. The Minister of Health is responsible to assist the Government for carrying uniform State management of food safety; and shall directly carry out State management of food safety within the scope of his assigned functions and duties.

3. The Minister of Agriculture and Rural Development, the Minister of Industry and Trade and heads of other ministries and sectors, within the scope of their respective designated functions and duties, shall be responsible to carry out State management of food safety;

4. People’s committees of various levels shall carry out State management of food safety in their localities within the scope authorized by the Government and line-ministries.

Article 53. Scope of State management of food safety by line-ministries

1. The Minister of Health shall be responsible to do the following:

a) To issue technical regulations and other regulations on food safety for food products; to receive applications for registration of declarations of food conformity with technical regulations and notify that receipt to the State management officer in charge of relevant food;

b) To issue technical regulations and other regulations on food safety applicable to the production and trading of food that fall within his scope of management as set out in point e of this clause;

c) To conduct examinations and inspection of food safety, and deal, within the scope of the authority, with violations during the production and trading of food that fall within his scope of management and scope of management of other ministries and sectors where necessary;

d) To examine the State management activities of other ministries and sectors concerning food safety;

dd) To develop a consolidated report on food safety management activities;

e) To conduct State management of food safety during the domestic production and trading, import and export of food including food with micronutrient fortification, functional food, formula food for children, natural minerals, bottled water; catering services and street food .

2. The MARD Minister shall be responsible to implement the details of State management with regard to food safety during the domestic production and trading, import and export of food including agricultural, forestry and maritime products and their sub-products, except for those that fall within the scope of management of MOH and MoIT as respectively set out in clause 1(b) and clause 3 of this Articles.

3. The Minister of Industry and Trade shall be responsible to implement the details of State management with regard to food safety during the domestic production and trading, import and export of food including alcohol, beer, beverage, milk, vegetable oil, flour, powder, seasoning, instant noodles, food additives, processing aids except for those that fall within the scope of management of MOH.

4. Heads of other ministries, agencies at ministerial level shall be responsible to coordinate with the Minister of Health and MARD Minister and MoIT Minister in carrying out State management of food safety within the scope of their assigned functions and duties.

5. With regard to the food safety issues relating to the scope of management of several ministries and sectors, the Minister of the line-ministry in charge of that food shall take lead and coordinate with the Minister of Health and heads of relevant ministries and sectors in dealing with those issues.

CHAPTER X

FOOD SAFETY INSPECTION AND EXAMINATION

Section 1

Food safety inspection

Article 54. Organization and operation of specialized food safety inspection

1. Food safety inspection shall be carried out by specialized food safety inspection of the health sector and specialized food safety inspection of the agriculture and rural development sector and the industry and trade sector;

2. The operations of specialized food safety inspection shall be set out in Articles 55 and 56 of this Law and the legislation on inspection;

Article 55. Specialized food safety inspection of the heath sector

1. Food safety inspection of health sector shall carry out the tasks and authorities of specialized food safety inspection within the state management scope of the health sector set out in Article 53.1 of this Law.

2. Content of specialized food safety inspection of the health sector include:

a) The implementation of the technical standards and other provisions on food safety issued by the competent state management agencies and standards declared by the producers to be applied for food production an trading and food products;

b) Advertising and labeling activities with regard to the food that falls within the scope of management.

d) Food testing activities that fall within the scope of management.

Article 56. Food safety inspection of agriculture and rural development sector and industry and trade sector

1. Food safety inspection of the agriculture and rural development sector and the industry and trade sector shall carry out the tasks and authorities of specialized food safety inspection within management scope set out in clauses 2 and 3 of Article 53 of this Law.

2. Content of the specialized food safety inspection of the agriculture and rural development sector and the industry and trade sector:

a) The implementation of the technical regulations and other provisions on food safety issued by the competent State agencies; and of the standards declared by producers to be applicable to food production and trading and food products that fall within the scope of management.

b) Food advertising and labeling activities that fall within the scope of management;

c) Food safety testing activities that fall within the scope of management.

Article 57. Food safety inspection relating to the scope of State management of other ministries and sectors

Food safety inspection with regard to the subject matters that fall within the scope of State management shall be carried out by the specialized inspector of the ministry or sector which is in chare of that scope;

Section 2

Food Safety Examination

Article 58. Responsibilities for food safety examination

1. Food safety state management agencies shall carry out examination of the implementation of food safety law within their assigned scope and area of management as regulated in Article 53 of this Law (located at Chapter on Responsibilities of Food Safety State Management Agencies Responsibilities).

2. Where a food safety examination relates to the scope of management of several sectors or localities, the agency in charge shall be responsible to coordinate with concerned agencies of relevant ministries, sectors, people’s committees of provinces and cities under central authority in implementation.

3. Food safety examination activities must be carried out under the following principles:

a) Objectivity, accuracy, publicity, transparency, non-discrimination;

b) Keep confidentiality of information, documents and the examination results relating to production and trading agencies, organizations and individuals who are subject to examination when the official conclusions are not yet available;

c) Cannot create red tape, burdensome for food production and trading agencies, organizations and individuals;

d) To be responsible under the law for examination results and related conclusions.

4. The Government shall regulate in details on food safety examination activities carried out by food safety state management agencies within their assigned scope of work.

Article 59. Content of food safety examination

Content of food safety examination shall be in accordance with the scope of State management of ministries and ministerial-level agencies as set out in 51, 52 and 53 of this Law.

Article 60. Authority in food safety examination activities

During a food safety examination, within its responsibilities and authorities, food safety state management agency has the following authorities:

1. Decide on establishment of examination delegation or assign its staff to carry out periodical or extraordinary examination of food safety;

2. Warning/alerting food contamination risks;

3. Suspend unsafe food production and trading activities;

4. Make minutes on food safety law violation acts and propose to competent authorities to handle these violations

5. Handle complain and denunciations about examination delegation’s decisions and behaviors/acts of examination delegation’s member in accordance to the law on complains and denunciations

Article 61. Tasks in food safety examination activities

Within its responsibilities and authorities, food safety state management agency shall have the following tasks:

1. Develop quarterly and annually food safety examination plan, submit to the higher-level food safety state management agencies to review and approve;

2. Determine certain types of food subject to periodic or extraordinary food safety examination;

3. Receive application dossier for imported food safety examination; confirm the conditions for assurance of food safety for imported food;

Article 62. Food safety examination delegation

1. Examination delegation shall be established by the head of food safety state management agency based on the examination plan approved by the higher-level state management agency or based on the need for extraordinary examination.

2. During the process of food safety examination, the food safety examination delegation has the following tasks and authorities:

a) Request food production and trading agencies, organizations, individuals to provide papers, documents relating to food safety;

b) Take food sample for testing if necessary;

c) Seal off unsafe food;

d) Request food production and trading agencies, organizations, individuals to immediately implement food safety corrective measures in food production and trading activities;

dd) Propose to the competent authority to handle violations in accordance to the laws;

e) Ensure the principles spelled out in clause 3 of Article 60 of this law when carrying out examination;

g) Report accurately and timely examination results to food safety state management agency.

CHAPTER XI
ENFORCEMENT PROVISIONS

Article 63. Enforceability

This Law shall come into force since ....... 2011.

Ordinance on Food Safety & Hygiene dated 26 July 2003 is hereby repealed.

Article 64. Enforcement Guidance

The Government and other competent agencies shall make detailed provisions and provide guidelines for the implementation of the provisions and clauses as assigned to them in this Law; and provide guidelines for other issued of this Law to meet the State management requirements.

This Law has been passed by XIIth National Assembly of the Socialist Republic of Vietnam at its session ... on the date of ....2010.

Tuesday, January 28, 2014