MINISTRY OFAGRICULTURE AND RURAL DEVELOPMENT ------- No.02/2017/TT-BNNPTNT | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
--------------- Hanoi,February 13,2017 |
CIRCULAR
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF CIRCULAR NO. 48/2013/TT-BNNPTNT DATED NOVEMBER 12, 2013, PROVIDING FOR PRE-EXPORT INSPECTION AND CERTIFICATION FOR SEAFOOD SAFETY
Pursuant to the Law on Food Safety dated June 17, 2010;
Pursuant to the Law on Product and Goods Quality dated November 21, 2007;
Pursuant to the Law on Fees and Charges dated November 25, 2015;
Pursuant to the Government s Decree No. 132/2008/ND-CP dated December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;
Pursuant to the Government s Decree No. 38/2012/ND-CP dated April 25, 2012, detailing a number of articles of the Law on Food Safety;
Pursuant to the Government’s Decree No. 199/2013/ND-CP dated November 26, 2013, defining the functions, duties, powers and organizational structure of the Ministry of Agriculture and Rural Development;
At the proposal of theNational Agro-Forestry-Fisheries Quality Assurance Department;
The Minister of Agriculture and Rural Development promulgates the Circular amending and supplementing a number of articles of Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013, providing for pre-export inspection and certification for seafood safety.
Article 1. To amend and supplement a number of articles of Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013, providing for pre-export inspection and certification for seafood safety:
1. To amend Article 1 as follows:
“1. Dossiers, procedures and competence to inspect, appraise, grant and withdraw certificates of satisfaction of food safety conditions (hereafter referred to as food safety certificates) in regard to production and business establishments of fish and fishery products for export (hereinafter referred to as establishment).
2. Dossiers, procedures and competence to inspect and grant certificates of fish and fishery products for export (hereinafter referred to as certificates) at the request of importing countries.”
2. To amend Article 9 as follows:
“Article 9: Fees
The collection of fees for appraisal and certification of Food Safety to establishments, and fees for appraisal and issuance of certificates for seafood consignments for export specified in this Circular shall comply with the Law on Fees and Charges, regulations of the Ministry of Finance, and relevant laws.”
3. To amend Clause 2, Article 11 as follows:
“2. In case of a valid application, within 03 (three) working days, the inspection and certification agency shall inform the establishment about the scheduled time of on site appraisal but no later than 07 (seven) working days since the receipt of sufficient and valid dossier.”
4. To amend Article 12 as follows:
a) To amend Point e Clause 1 Article 12 as follows:
“e) Establishments which have been granted Food Safety Certificates but have postponed inspection after certification for a period of more than 12 (twelve) months;”
b) To amend Clause 2 Article 12 as follows:
“2. Regular inspection and ad hoc inspection:
a) Regular inspection: regular inspection means a form of inspection and verification without prior communication, aims to verify the maintenance of food safety conditions for establishments that have been granted food safety certificates by the frequency as follows:Establishments classified as being of Class 1 or 2: once a year; Class 3: once every 6 months; Class 4: depending on deficiencies and decided by inspection and certification agencies but no later than 03 (three) months from the last inspection.
b) Ad hoc inspection: Irregular inspection means an inspection without prior communication, applied to establishmentswhich have been found non-compliant with food safety requirements asspecified at Point b Clause 3 Article 17, Clause 3 Article 31 and Clause 2 Article 36 of this Circular or involved in complaints.”
5. To amend Point d, Clause 1, Article 14 as follows:
“d) Sampling to analyze and assess the effectiveness of controlling sanitary conditions in production shall comply with Appendix IA issued together with this Circular.”
6. To amend the first paragraph of Article 17 and Clause 2 of Article 17 as follows:
a) To amend the first paragraph of Article 17 as follows:
“Within 06 (six) working days after inspection and appraisal, the inspection and certification agency shall verify the inspection and appraisal evaluation report and inform the establishment about the results.”
b) To amend Clause 2 Article 17 as follows:
“2. Regular inspection and ad hoc inspection:
a) For establishments with satisfactory results (Class 1, Class 2 and Class 3): Informing establishments about inspection results and frequency of regular inspection applied in the coming time.
b) For establishments with unsatisfactory results (Class 4): Complying with the provisions at Point b, Clause 1 of this Article.”
7. To amend Clause 2, Article 22 as follows:
“2. The Department of Agro-forestry-Fisheries Quality Assurance shall set up list of priorities for establishments fulfilling the following criteria by the time of consideration:
a)Being in the list of participants to the program of pre-export certification for seafood by a specificexport market;
b)Having export consignments and no consignment found non-compliant by competent authorities of Vietnam or importing countries at least 3 months from date of being classified as Class 1 or 2.”
8. To amend Point c, Clause 1, Article 27 as follows:
“c) Sampling ratio for verification shall be determined on the basis of classification of food safety assurance conditions; history of food safety assurance; product’s risk level; production scale, production capacity or output of establishments as prescribed in Appendix IIA issued together with this Circular.
Based on the evaluation of implementation results, the National Agro-Forestry-Fisheries Quality Assurance Department shall periodically submit to the Ministry of Agriculture and Rural Development for consideration and adjustment, and update the contents as specified in Appendix IIA."
9. To amend Clause 2, Article 28 as follows:
“2. Evaluation and certification:
Within 01 (one) working after receipt of sufficient information, the inspection and certification agency shall conduct the evaluation and certification for the export consignments on the basis of evaluating the verification results of food safety risk control effectiveness as prescribed in Article 27 of this Circular by the form required by corresponding importing country or issue a written reply, in which clearly stating the reasons for no pre-export certification.”
10. To amend Article 32 as follows:
“Article 32. Evaluation and issuance of certificates
1. Within 02 (two) working days from the time the shipment is exported, the consignor shall provide the inspection and certification agency with sufficient necessary information in writing as specified in the form of certificates at the request of the importing countries’ competent agencies for certification. Within 01 (one) working day from receipt of sufficient information, the inspection and certification agency shall conduct appraisal to issue a certificate for the export consignment according to the form of corresponding importing market if inspection and testing results arecompliant with food safety requirements”.
11. To replace Appendix IV with Appendix IA issued together with this Circular; to replace Appendix X with Appendix IIA issued together with this Circular.
Article 2. Effect
1. This Circular takes effect on March 30, 2017.
2. Any problems arising in the course of implementation shall be reported to the Ministry of Agriculture and Rural Development for consideration and settlement./.
FOR THE MINISTER
DEPUTY MINISTER
(signed)
Vu Van Tam
Vietnamese
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