Circular No. 12/2015/TT-BNNPTNT dated March 16, 2015, providing guidance on food safety inspection of goods originating from imported plants

CIRCULAR

Guiding food safety inspection of imports of
plant origin[1]

Pursuant to June 17, 2010 Law No. 55/2010/QH12 on Food Safety;

Pursuant to the Government’s Decree No. 38/2012/ND-CP of 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 of November 26, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT of April 9, 2014, guiding the assignment and coordination in state management of food safety;

At the proposal of the directors of the National Agro-Forestry-Fisheries Quality Assurance Department and the Plant Protection Department,

The Minister of Agriculture and Rural Development promulgates the Circular guiding food safety inspection of imports of plant origin as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular prescribes the method of inspection, the order of and procedures for food safety registration and inspection of goods of plant origin used as food (below referred to as goods) which are imported into Vietnam under the management of the Ministry of Agriculture and Rural Development; and responsibilities and powers of related parties.

2. Goods governed by this Circular are food of plant origin defined in Appendix 2 to Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT of April 9, 2014, guiding the assignment and coordination in state management of food safety.

3. This Circular does not govern contents and provisions on plant quarantine activities.

Article 2. Subjects of application

This Circular applies to domestic and foreign organizations and individuals engaged in the production of and trading in goods of plant origin used as food which are imported into Vietnam under the management of the Ministry of Agriculture and Rural Development.

Article 3. Imports not subject to food safety inspection

1. Goods for personal use within duty-free quotas.

2. Goods in diplomatic and consular bags.

3. Goods in transit and transshipment.

4. Goods in bonded warehouses.

5. Goods as samples for testing or research.

6. Goods as samples displayed at trade fairs or exhibitions.

Article 4. Interpretation of terms

In this Circular, the terms and phrases below are construed as follows:

1. Import lot means a quantity of goods of the same type and origin and registered for import inspection one time.

2. Importer means the (direct or authorized) legal owner that manages imports.

3. Violation of food safety regulations means goods detected not to be of the type and origin as declared or showing signs of damage, contaminated with mold or impurities putting food at risk of becoming unsafe; goods detected to contain chemical residues or microorganisms exceeding the prescribed limits.

4. Serious violation of food safety regulations means goods detected to violate food safety regulations, which are at high risk of adversely affecting users’ health.

5. Lot sampling frequency is the percentage of lots having samples taken for testing against the total number of lots of the same type and country of origin imported into Vietnam.

6. Goods of the same type means products of the same plant species and the same characteristics (fresh or processed).

Article 5. Grounds for inspection

1. Vietnamese and international regulations, standards and technical regulations on food safety.

2. In case Vietnam has signed a treaty or bilateral agreement on food safety with an exporting country, that treaty or agreement shall prevail.

Article 6. Inspection norms

An inspection agency shall decide on food safety norms to be tested based on the history of observance of regulations by the producer and importer; the actual situation of risks for food unsafety in the place and country of production, and the actual condition of the import lot and accompanying dossiers.

Article 7. Inspection agencies

1. Inspection agencies at border-gates or storing yards: Units of the Plant Protection Department or units assigned by the Ministry of Agriculture and Rural Development at the request of the Plant Protection Department.

2. Agencies inspecting and supervising goods circulated in the market under assignment and decentralization: Assigned units of provincial-level Agriculture and Rural Development Departments.

3. Food safety inspection agencies in exporting countries: The National Agro-Forestry-Fisheries Quality Assurance Department taking the main charge in coordination with the Plant Protection Department and relevant agencies.

Article 8. Charges, fees and funds for food safety inspection and supervision

1. Inspection agencies shall collect charges and fees under the Finance Ministry’s current regulations.

2. Funds for inspection in exporting countries shall be taken from the state budget. The National Agro-Forestry-Fisheries Quality Assurance Department shall assume the prime responsibility for, and coordinate with the Plant Protection Department, in estimating costs for inspection in exporting countries and submit to competent authorities for approval.

3. Funds inspection and supervision of commodities circulated in the market shall be taken from the state budget within the supervision program prescribed in the Ministry of Agriculture and Rural Development’s Circular No. 05/2010/TT-BNNPTNT of January 22, 2010, guiding food safety and hygiene inspection and supervision of agricultural food prior to market circulation or from other legitimate funding sources.

4. Funds for food safety inspection of imports of plant origin for contents for which charges or fees must not be collected shall be planned and estimated by inspection agencies for submission to the Ministry of Agriculture and Rural Development and the Ministry of Finance for approval and allocation from non-business economic funds for implementation.

Chapter II

METHODS OF FOOD SAFETY INSPECTION

Article 9. Regular inspection

1. Step 1: Registration by exporting countries

a/ The competent agency in charge of food safety for goods of plant origin used as food of an exporting country (below referred to as competent agency of  exporting country) shall send its registration dossier according to Article 13 of this Circular to the National Agro-Forestry-Fisheries Quality Assurance Department for appraisal and recognition of its control system fully meeting food safety conditions and requirements according to Vietnam’s regulations and submission to the Ministry for inclusion into the list of countries registering export of food of plant origin to Vietnam;

b/ Procedures for registration and appraisal for recognition of satisfaction of Vietnam’s food safety assurance requirements and inclusion into the list of countries registering export of food of plant origin to Vietnam must comply with Chapter III of this Circular;

c/ Step 1 shall not apply to imports which are packaged processed food having obtained a receipt of written announcement of regulation conformity or a certificate of announcement of conformity with food safety regulations, are goods temporarily imported for re-export or goods imported as raw materials for subcontract production and processing for export.

2. Step 2: Inspection of import lots

a/ At border gates or storing yards, to conduct dossier and visual inspection  and sampling at the frequency of 10 percent of import lots depending on the risk level of goods. Organizations or individuals may carry out customs clearance procedures after satisfying requirements in dossier and visual inspection and granted a certificate of food safety inspection by inspection agencies according to the form provided in Appendix 5 of this Circular;

b/ Within 6 (six) months of inspection, if goods of the same type and country of origin are detected to violate food safety regulations 3 (three) times or more, the method of strict inspection (defined in Article 10 of this Circular) shall be applied to that type of goods imported from the exporting country with violating goods. The time for applying strict inspection shall be counted from the detection of the third violation of food safety regulations by goods of the same type and country of origin;

c/ The order of and procedures for food safety inspection of import lots must comply with Chapter IV of this Circular.

3. Step 3: Post-customs clearance inspection

Customs-cleared imports are subject to inspection according to Article 19 of this Circular.

Article 10. Strict inspection

1. At border gates or storing yards, to conduct dossier and visual inspection of import lots and take samples of goods subject to strict inspection at the frequency of 30 percent.

2. For an import lot subject to strict inspection for which sampling is not required, the organization or individual may carry out customs clearance procedures after satisfying requirements in dossier and visual inspection by inspection agencies.

3. For an import lot subject to strict inspection for which sampling is required:

a/ For an import lot that does not contains previously violating goods of the same type and country of origin: Customs clearance procedures may be carried out after dossier and visual inspection results show satisfaction of requirements;

b/ For an import lot that contains goods of the same type and country of origin previously violating food safety regulations: Customs clearance procedures may be carried out only after inspection and sample testing results show satisfaction of requirements.

4. Based on the results of strict inspection for 6 (six) months, the application of the next inspection method shall be determined as follows:

a/ Import suspension shall be applied if 5 (five) or more lots of imports of the same type and country of origin currently under strict inspection are detected to violate food safety regulations;

b/ Strict inspection shall continue for another 6 (six) months if 1 (one) to 4 (four) lots of imports of the same type and country of origin currently under strict inspection are detected to  violate food safety regulations;

c/ Strict inspection shall be removed if samples of at least 5 (five) lots of imports of the same type and country of origin currently under strict inspection  are detected not to violate food safety regulations.

5. In case of an international warning of serious risks for food unsafety, a specific method to control imports shall be applied based on international methods currently applicable to the warned goods.

6. The order of and procedures for registration and food safety inspection of import lots must comply with Chapter IV of this Circular.

7. Customs-cleared imports shall be inspected according to Article 19 of this Circular.

Article 11. Reduced inspection

To apply according Clause 2, Article 39 of the Law on Food Safety and Article 15 of Decree No. 38/2012/ND-CP. The method of inspection and sampling of import lots for testing must comply with treaties on mutual recognition of food safety certification to which Vietnam is a contracting party or acceded.

Article 12. Customs clearance of goods

Goods imported into Vietnam may only be cleared from customs procedures when having obtained a certificate of food safety inspection of imports of plant origin from an inspection agency according to the form provided in Appendix 5 to this Circular.

Chapter III

REGISTRATION BY EXPORTING COUNTRIES AND INSPECTION IN EXPORTING COUNTRIES

Article 13. Registration dossiers of exporting countries

The competent agency of an exporting country shall send an original registration dossier in English or Vietnamese to the National Agro-Forestry-Fisheries Quality Assurance Department (directly or by post), which must comprise:

1. Information on the management system and capacity of the competent food safety control agency of the exporting country according to the form provided in Appendix 1 to this Circular.

2. The list of pesticides, plant growth regulators and preservatives used in goods production and trading according to the form provided in Appendix 2 to this Circular.

3. An annually updated food safety supervision program of the exporting country for goods in domestic production and trading process and export according to the form provided in Appendix 7 to this Circular.

Article 14. Appraisal of registration dossiers

The National Agro-Forestry-Fisheries Quality Assurance Department shall assume the prime responsibility for, and coordinate with the Plant Protection Department in, appraising registration dossiers specified in Article 13 of this Circular, and notify inspection results to the competent agency of an exporting country as follows:

1. If the dossier appraisal result shows full satisfaction of Vietnam’s food safety requirements, the National Agro-Forestry-Fisheries Quality Assurance Department shall report to the Minister of Agriculture and Rural Development for recognition and updating to the list of countries registering export of food of plant origin into Vietnam on the website of the National Agro-Forestry-Fisheries Quality Assurance Department (www.nafiqad.gov.vn).

2. If the dossier appraisal result shows failure to  meet Vietnam’s food safety requirements, the National Agro-Forestry-Fisheries Quality Assurance Department shall notify in writing to the competent agency of the exporting country for supplementing  information to complete its dossier under regulations.

Article 15. Inspection in exporting countries

1. In case of necessity, the National Agro-Forestry-Fisheries Quality Assurance Department shall assume the prime responsibility for, and coordinate with the Plant Protection Department in, elaborating inspection plans; notify and work with the competent agency of an exporting country in inspecting food safety control systems and conditions for assurance of food safety at establishments producing exports to Vietnam.

2. Within 30 working days after completing an inspection in an exporting country, the National Agro-Forestry-Fisheries Quality Assurance Department shall assume the prime responsibility for, and coordinate with the Plant Protection Department in, completing a draft report on inspection results and send it to the competent agency of the exporting country for further comment within 30 days prior to the official announcement of the inspection result report. The report must clearly state specific reasons for cases ineligible for exporting goods to Vietnam if inspection results show failure to fully meet the prescribed requirements.

Chapter IV

FOOD SAFETY REGISTRATION AND INSPECTION OF IMPORT LOTS

Article 16. Registration for inspection of import lots

Organizations and individuals shall register food safety inspection directly with border-gate inspection agencies. An inspection registration dossier must comprise:

1. The original application for food safety inspection (made according to the form provided in Appendix 3 to this Circular).

2. For imports containing genetically modified contents:

To be named on the list of genetically modified plants obtaining a certificate under the Ministry of Agriculture and Rural Development’s Circular No. 02/2014/TT-BNNPTNT of January 24, 2014, prescribing the order and procedures for grant and revocation of certificates of genetically modified plants eligible for use as food and animal feeds.

3. For irradiated goods:

A copy of the certificate of free sale (CFS)  granted by the competent agency of the exporting country under the Ministry of Agriculture and Rural Development’s Circular No. 63/2010/TT-BNNPTNT of November 1, 2010, on certificates of free sale for imported and exported products and goods under the management of the Ministry of Agriculture and Rural Development.

Article 17. Inspection contents

1. Dossier examination: Inspection agencies shall consider registration dossiers (origin, history of compliance with food safety regulations by organizations, individuals and producers; regulations on genetically modified food, and irradiated food and relevant regulations).

2. Visual inspection (not applicable to lots temporarily imported for re-export): Inspection agencies shall inspect package conditions and labels after goods arrive at border gates; examine conformity with declared information and unusual signs likely causing food unsafety.

3. Sampling (not applicable to lots temporarily imported for re-export):

a/ Inspection agencies shall take samples to test food safety at locations already registered under the methods specified in Articles 9, 10 and 11 of this Circular;

b/ Sampling must ensure representation of imports and be random among inspected import lots.

4. A record of dossier examination and visual inspection and sampling shall be made according to the form provided in Appendix 4 to this Circular.

Article 18. Grant of certificates of food safety inspection

1. A certificate of food safety inspection for an import lot shall be granted within 1 (one) working day:

a/ After receiving a complete registration dossier, for the cases defined at Point a, Clause 2, Article 9, and Clause 2 and Point a, Clause 3, Article 10, of this Circular;

b/ After the analysis result of an appointed lab shows satisfaction of requirements, for the cases defined at Point b, Clause 3, Article 10 of this Circular.

2. An import lot failing to meet food safety requirements shall be notified (according to the form provided in Appendix 6 to this Circular) within 1 (one) working day after the inspection result is available.

3. The time for taking and sending samples, testing and notifying results must not exceed 10 working days.

Article 19. Inspection contents of imports circulated in the market

1. To inspect preservation conditions, packages, labels (if any) of goods circulated in the market under assignment prescribed in Clause 2, Article 7 of this Circular.

2. To inspect information and origin of import lots.

3. To take and send goods samples to the testing agency assigned to analyze food safety norms when detecting signs of violations or having doubts about food safety or at the request of competent state agencies.

4. To trace origin, recall and handle violating lots in accordance with Circular No. 74/2011/TT-BNNPTNT of October 30, 2011, on traceability, recall and handling of unsafe agricultural and forest food under the management of the Ministry of Agriculture and Rural Development.

Chapter V

METHODS OF HANDLING OF VIOLATIONS OF FOOD SAFETY REGULATIONS

Article 20. For import lots

1. To force re-export or destruction of import lots seriously violating food safety regulations.

2. To change the use purpose of import lots detected to violate food safety regulations which, however, may be used for other purposes without harming human health.

3. To request the competent food safety agency of an exporting country to  join investigating causes and working out appropriate remedies.

4. To notify and coordinate with related domestic functional agencies in requesting importers to recall and handle and supervise the handling of import lots seriously violating food safety regulations.

5. To publish in the mass media cases seriously violating food safety regulations which are subject to traceability and recall and to guide consumers in preventive measures.

Article 21. For exporting countries

1. To suspend imports from an exporting country in the following cases:

a/ As prescribed at Point a, Clause 4, Article 10 of this Circular;

b/ The inspection result prescribed in Article 15 shows that the food safety control system of the exporting country fails to fully meet the prescribed requirements;

c/ The exporting country fails to neither cooperate with nor facilitate competent Vietnamese agencies in conducting inspection according to Article 15 of this Circular.

2. An exporting country may resume its export of goods to Vietnam only when the inspection result prescribed in Article 15 shows that the competent agency of the exporting country has worked out food safety control measures fully meeting the prescribed requirements.

3. The Minister of Agriculture and Rural Development shall, at the proposal of the directors of the Plant Protection Department and the National Agro-Forestry-Fisheries Quality Assurance Department, decide to suspend the import, or permit the resumption of export to Vietnam, of goods of plant origin as follows:

a/ A decision on import suspension shall take effect after 60 (sixty) days after the date of its signing which is the deadline for performing food safety inspection procedures for import lots to Vietnam;

b/ A decision on import resumption shall take effect on the date of its signing which is the deadline for starting food safety inspection procedures for  import lots to Vietnam;

c/ Within 3 (three) working days, a decision on import suspension or import resumption to Vietnam shall be notified to the competent food safety agency of an exporting country and updated on the website of the National Agro-Forestry-Fisheries Quality Assurance Department (www.nafiqad.gov.vn).

Chapter VI

RESPONSIBILITIES AND POWERS

Article 22. Responsibilities of inspection agencies

1. Inspection agencies at border gates and storing yards:

a/ To inspect and grant a certificate of food safety inspection or a notice of ineligibility for food safety for imports in accordance with Chapter IV of this Circular;

b/ To notify accurately, objectively and truthfully and strictly comply with the process of inspection and sampling of goods for testing under regulations;

c/ To coordinate with customs offices in inspecting imports, handling and supervising the handling of violations of food safety regulations in accordance with law;

d/ Within 1 (one) working day after detecting import lots violating food safety regulations, to notify such to the Plant Protection Department for summarization and reporting to the Ministry of Agriculture and Rural Development (via the National Agro-Forestry-Fisheries Quality Assurance Department);

e/ To collect charges and fees under regulations.

2. Agencies inspecting and supervising goods circulated in the market under assignment and decentralization:

a/ To conduct food safety inspection and supervision of imports circulated in localities according to Article 19 of this Circular;

b/ To promptly report to provincial-level Agriculture and Rural Development Departments on circulated imports in localities violating food safety regulations;

c/ To trace, recall and handle import lots failing to meet food safety requirements according to Circular No. 74/2011/TT-BNNPTNT of October 30, 2011, after being notified that those import lots seriously violate food safety regulations.

3. Food safety inspection agencies in exporting countries:

a/To elaborate inspection plans and conduct food safety inspection in an exporting country after the Ministry of Agriculture and Rural Development promulgates a decision establishing an inspection team;

b/ To coordinate with the competent agency of the exporting country in conducting inspection;

c/ To report inspection results to the Ministry of Agriculture and Rural Development within 15 days after completing an inspection in the exporting country;

d/ To notify inspection results to the competent agency of the exporting country according to Article 15 of this Circular.

Article 23. Powers of inspection agencies

1. To request organizations and individuals to supply relevant documents and dossiers for inspection.

2. To conduct inspection and take samples of imports according to the method and order and procedures prescribed in this Circular.

3. To decide on remedies and supervise the handling of import lots failing to meet import requirements.

Article 24. Responsibilities of importers

1. To register for food safety inspection according to Article 16 of this Circular.

2. To create conditions for inspection agencies’ staff to inspect, take samples for testing and supervise goods according to regulations.

3. To fully provide relevant dossiers and specimens for inspection and  origin traceability.

4. To comply with handling decisions and be subject to supervision by inspection agencies.

5. To trace, recall and handle import lots failing to meet food safety requirements according to Circular No. 74/2011/TT-BNNPTNT of October 30, 2011, when being notified that import lots seriously violate food safety regulations.

6. To pay inspection and testing charges and fees under current regulations of the Ministry of Finance and pay for actual expenses for handling import lots failing to meet food safety regulations.

7. To take responsibility for preserving imports pending the conclusion of inspection of lots as prescribed at Point b, Clause 3, Article 10 of this Circular or pending the issuance of handling decisions of competent agencies.

Article 25. Rights of importers

1. To request inspection agencies to reconsider inspection results.

2. To lodge and settle complaints and denunciations in accordance with the laws on complaints and denunciations.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 26. The National Agro-Forestry-Fisheries Quality Assurance Department

1. To receive dossiers of registration for exporting goods to Vietnam from competent agencies of exporting countries; to exchange information and notify inspection plans (in case of necessity) to competent agencies of exporting countries and submit to the Ministry of Agriculture and Rural Development for promulgation of a decision establishing a Vietnamese inspection team to conduct inspection in an exporting country.

2. To assume the prime responsibility for, and coordinate with the Plant Protection Department in:

a/ Proposing the Minister of Agriculture and Rural Development to announce the list of countries assessed by Vietnam for mutual recognition and the list of countries registering to export food of plant origin to Vietnam; deciding on cases of import suspension or permitting resumption of the import of goods of plant origin to Vietnam. Notifying competent agencies of exporting countries of import lots failing to meet food safety requirements and requesting coordination in investing causes and working out appropriate remedies.

b/ Inspecting food safety control systems and conditions assuring food safety of goods manufacturers in exporting countries;

c/ To trace, recall and handle import lots seriously violating food safety regulations.

3. To report annually or irregularly (upon request) to the Ministry of Agriculture and Rural Development on the situation of food safety inspection of imports.

4. To annually elaborate plans, make cost estimates and settlement of funds (allocated  by the state budget) for food safety inspection for exporting countries and imports under the assignment regarding contents for which charges and fees must not be collected and include them into the annual general estimate and settlement of the Ministry of Agriculture and Rural Development in accordance with the Law on the State Budget and guiding documents.

Article 27. The Plant Protection Department

1. To assume the prime responsibility for, and coordinate with related competent agencies in, determining imports seriously violating food safety regulations.

2. To direct and supervise inspection agencies at border gates or storing yards:

a/ To inspect imports with inspection methods prescribed in this Circular;

b/ To grant certificates of food safety inspection, or notify import lots failing to meet food safety requirements according to Article 18 of this Circular;

c/ To coordinate with related agencies in handling lots failing to assure food safety and supervise the implementation.

3. To guide units assigned by the provincial-level Agriculture and Rural Development Department to conduct food safety inspection and supervision of imports circulated in the market.

4. To timely send a report to the Ministry of Agriculture and Rural Development (via the National Agro-Forestry-Fisheries Quality Assurance Department) when:

a/ Detecting an import lot violating food safety regulations for coordination in traceability, recall and handling of the import lot seriously violating food safety regulations and warning to the competent agency of an exporting country;

b/ Proposing suspension from import of goods into Vietnam for the case specified at Point a, Clause 4, Article 10 of this Circular.

5. To report annually or irregularly (upon request) on the situation of food safety inspection of imports to the Ministry of Agriculture and Rural Development (via the National Agro-Forestry-Fisheries Quality Assurance Department).

6. To coordinate with the National Agro-Forestry-Fisheries Quality Assurance Department in carrying out the activities provided in Clause 2, Article 26 of this Circular.

7. To annually elaborate plans, make cost estimates and settlement of funds (allocated by the state budget) for food safety inspection of imports under the assignment regarding contents for which charges and fees must not be collected and include them into the annual general estimate and settlement of the Ministry of Agriculture and Rural Development in accordance with the Law on the State Budget and guiding documents.

Article 28. Provincial-level Agriculture and Rural Development Departments

1. To guide their assigned units to conduct food safety inspection and supervision of imports circulated on the market.

2/ To timely report to the National Agro-Forestry-Fisheries Quality Assurance Department and the Plant Protection Department on cases of imports circulated in their localities violating food safety regulations.

3. To coordinate with relevant agencies in organizing traceability, recall and handling of import lots failing to assure food safety and supervise the implementation.

4. To annually or irregularly (upon request) send reports on food safety inspection and supervision results of imports circulated in their localities to the Plant Protection Department for summarization and reporting to the Ministry of Agriculture and Rural Development.

5. To annually elaborate plans and cost estimates for food safety inspection and supervision of imports under assignment and submit them to competent authorities for approval and fund allocation.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Circular takes effect on May 5, 2015.

2. This Circular replaces Circular No. 13/ 2011/TT-BNNPTNT of March 16, 2011, guiding food safety inspection of imports of plant origin, Circular No. 05/2013/ TT-BNNPTNT of January 21, 2013, amending and supplementing a number of articles of Circular No. 13/2011/TT-BNNPTNT of March 16, 2011, guiding food safety inspection of imports of plant origin, and consolidated Document No. 03/VBHN-BNNPTNT of December 19, 2013, guiding food safety inspection of imports of plant origin.

3. Countries with appraised dossiers and recognized to export goods of plant origin to Vietnam according to Circular No. 13/2011/TT-BNNPTNT of March 16, 2011, and Circular No. 05/2013/TT-BNNPTNT of January 21, 2013, amending and supplementing a number of articles of Circular No. 13/2011/TT-BNNPTNT of March 16, 2011, remain to be recognized when this Circular takes effect.

4. In the course of implementation, any problems should be reported to the Ministry of Agriculture and Rural Development (via the National Agro-Forestry-Fisheries Quality Assurance Department and the Plant Protection Department) for consideration, modification and supplementation.-

Minister of Agriculture and
Rural Development
CAO DUC PHAT