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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 10th
session of the Xth 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.
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