Circular No. 13/2011/TT-BNNPTNT dated March 16, 2011 of the Ministry of Agriculture and Rural Development guiding on the food safety control for imported foodstuffs of plant origin

CIRCULAR

GUIDING ON THE FOOD SAFETY CONTROL FOR IMPORTED FOODSTUFFS OF PLANT ORIGIN

Pursuant to the Decree No. 01/2008/ND-CP of January 3, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP of September 10, 2009 amending Article 3 of the Decree No. 01/2008/ND-CP of January 3, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Law on Food Safety No. 55/2010/QH12 approved by the National Assembly of Vietnam on June 17, 2010.
Pursuant to the Decree No. 79/2008/ND-CP of July 18, 2008 defining system of management, inspection and test of food hygiene and safety;
Hereafter is the guide by the Ministry of Agriculture and Rural Development to food safety control for imported foodstuffs of plant origin.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular guides food safety control procedures imported foodstuffs of plant origin (hereafter referred to as foodstuffs) under the management of the Ministry of Agriculture and Rural Development; responsibilities and jurisdictions of parties concerned.

2. The list of foodstuffs covered by this Circular shall be specified in Appendix 1.

3. This Circular shall not regulate the plant quarantine operations.

Article 2. Objects of application

This Circular applies to native and foreign individuals and organizations operating business of imported foodstuffs under the management of the Ministry of Agriculture and Rural Development.

Article 3. Imported foodstuffs not subject to food safety inspection

1. Foodstuffs carried along for personal consumption within tax exemption

2. Foodstuffs in diplomatic bags, consular bags;

3. Foodstuffs in transit, transshipment;

4. Foodstuffs stored in bonded warehouses;

5. Foodstuffs as samples for experiment and research.

Article 4. Definition

For the purpose of this Circular, the following definitions shall apply:

1.Imported consignmentmeans an amount of foodstuffs registered for one official inspection.

2.Inspected consignmentmeans an amount of the same-type foodstuffs processed by the same establishment and registered for one official inspection.

3.Serious violation of food safety regulationsmeans the foodstuffs are detected with risk to consumers’ health.

4.Sampling frequencymeans the number of test samples made for the inspected consignments during importation.

Article 5. Requirements for imported foodstuffs

1. Imported foodstuffs must meet the following requirements:

a) Being produced by countries recognized by Vietnamese Competent Authorities to meet Vietnamese food safety requirements;

b) Being packed or stored in proper means; labeled, including: name of foodstuffs, name and address of production establishment, approval number (if any) and other information (in Vietnamese or with sub-label in Vietnamese) in compliance with relevant regulations in force;

c) Being inspected and certified as described in Chapter III of the Circular.

2. Genetically Modified (GM), irradiated or new technology-based foodstuffs must:

a) Meet the requirements as prescribed in the Item 1 of this Article;

b) Be accompanied by a Certificate of Free Sale (CFS) issued by Competent Authority in charge of exporting country as prescribed in the Circular No. 63/2010/TT- BNNPTNT.

3. Imported processed and/or packed foodstuffs (including foodstuffs as described in the Item 2 of this Article) prior to being placed on the market must:

a) Meet the requirements as prescribed in the Items 1 and 2 of this Article;

b) Have declaration of conformity registered with Vietnamese Competent Authority in compliance with relevant regulations in force.

Article 6. Inspection forms and criteria

1. Consignment inspection: All consignments of foodstuffs imported into Vietnam shall undergo documentary, identity and physical checks. The import control procedures for food safety of imported consignments are laid down in Chapter III of this Circular.

2. On-site inspection in exporting countries: inspection of the food safety control system and hygiene conditions in production of exporting countries. This form shall be considered applicable in case the exporting country has a lot of establishments ( from three establishments per year) whose products have been detected with serious violation of Vietnamese regulations on food safety.

3. Food safety criteria to be tested shall be based on compliance profile of establishments and importers; potential food safety risks in production establishments or countries of origin; status of consignments and their accompanying documents; as well as list of food safety criteria and maximum levels thereof as prescribed.

Article 7. Legal basis for inspection

1. Vietnam and international standards, legislations and technical regulations on food safety.

2. International treaties and bilateral arrangements on food safety with exporting countries that Vietnam has concluded or approved.

Article 8. Inspecting and supervising bodies

1. Inspecting bodies at border inspection posts or bonded warehouses: Units under or authorized by the Department of Plant Protection.

2. Inspecting and supervising bodies to products placed on the market: Units authorized by the Provincial Department of Agriculture and Rural Development.

3. Inspecting bodies to exporting countries: The National Agro-Forestry-Fisheries Quality Assurance Department in co-ordination with the Department of Plant Protection and other relevant agencies.

Article 9. Charges, fees and budget

1. Inspecting bodies are allowed to collect charges and fees in compliance with regulations in force laid down by the Ministry of Finance.

2. Budget for inspections to exporting countries is covered by the State Budget. The National Agro-Forestry-Fisheries Quality Assurance Department in co-ordination with the Department of Plant Protection sets up and submits annual inspection plan to exporting countries and respective estimated expenses for approval.

3. Budget for inspection and supervision to foodstuffs placed on the market is covered by the State Budget under the framework of the supervision program laid down by Circular 05/2010/TT-BNNPTNT of January 22, 2010 of the Ministry of Agriculture and Rural Development guiding the food hygiene and safety inspection and supervision of agro-products prior to being placed on the market.

Chapter II

REGISTRATION PROCEDURES AND ON-SITE INSPECTION TO EXPORTING COUNTRIES

Article 10. Registration documents

Exporting countries’ Competent Authorities on Food safety of foodstuffs of plant origin (hereafter referred to as Competent Authorities of exporting countries) provide the National Agro-Forestry-Fisheries Quality Assurance Department with the registration documents, including:

1. Information on food safety control system and capability of Competent Authorities of exporting countries by the form prescribed in enclosed Appendix 2.

2. List of pesticides, plant growth regulators, preservatives used in production, storage and trade of foodstuffs by the form prescribed in enclosed Appendix 3.

3. Annuall-updated Food safety monitoring program of exporting countries for foodstuffs during production, domestic circulation and export.

Article 11. Registration document verification

Within 30 working days after the receipt of completed registration documents as laid down in Article 10, the National Agro-Forestry-Fisheries Quality Assurance Department, together with the Department of Plant Protection verifies registration documents and notifies Competent Authorities of exporting countries of verification results.

Article 12. On-site inspection in exporting countries

1. The National Agro-Forestry-Fisheries Quality Assurance Department, together with the Department of Plant Protection shall sets up inspection plan; notify the plan to inspect and co-ordinates with Competent Authorities of exporting countries to conduct on-site inspections to assess food safety control system and food safety conditions of establishments registering to export foodstuffs to Vietnam.

2. Within 30 working days after on-site inspection missions in exporting countries, the National Agro-Forestry-Fisheries Quality Assurance Department, together with the Department of Plant Protection shall notify Competent Authorities of exporting countries of inspection results, which point out specific reasons for non-compliant cases.

Chapter III

FOOD SAFETY INSPECTION PROCEDURES TO IMPORTED FOODSTUFFS

Article 13. Inspection items

1. Documentary check;

2. Physical check;

3. Laboratory tests for food safety criteria as laid down in Item 3, Article 6 of this Circular.

Article 14. Inspection frequency

Imported foodstuffs must be sampled at the place designated by inspecting bodies (at border gates, bonded or storage warehouses). Inspection frequency should be applied as follows:

1. Regular inspection: To take samples for testing with the frequency of up to 10% based on risk level of the foodstuffs. This frequency shall be applied at each inspection post. Samples can be randomly taken from any inspected consignments. Inspected consignments are allowed to undergo the customs clearance procedures without testing results for food safety criteria.

2. Intensified inspection: To take samples for testing with the frequency of 30% if 01 (one) previously inspected consignment has been detected with serious violation of Vietnamese regulations on food safety; with the frequency of 100% if 02 (two) consecutive inspected consignments have been detected with serious violation of Vietnamese regulations on food safety. In these cases, consignees have to self-preserve their foodstuffs (at the border gates, bonded or storage warehouses) and their foodstuffs can not pass the customs clearance unless the Certificate of food safety or permit issued by inspecting bodies is available.

In case the testing results of 02 (two) consecutive inspected consignments are satisfactory, regular inspection regime shall be applied.

Article 15. Inspection registration

Registration for food safety inspection (by the form in the enclosed Appendix 4) must be submitted to inspecting bodies to border inspection posts at least 24 hours prior to the arrival of the consignment.

Article 16. Inspection procedures:

1. Documentary check: Inspecting bodies perform documentary check (country of origin, compliance profile of the establishment) and confirm the registration for inspection within 01 (one) working day of receipt of completed registration document;

2. Physical check: Inspecting bodies check status of consignments, packaging and labeling on arrival of consignment in border inspection posts;

3. Sampling: Inspecting bodies perform sampling to test for food safety criteria at designated place of inspection. Sampling frequency is as prescribed in Article 14 of this Circular.

4. Making inspection and sampling reports (by the form in the enclosed Appendix 5).

Article 17. Follow-up actions:

1. A Certificate of food safety shall be issued (by the form in enclosed Appendix 6) for:

a) Consignments undergone the regular inspection or consignments undergone the intensified inspection (in case of no sampling for test) and with satisfactory results of documentary and physical checks within 01 (one) working day of arrival of the consignments at border inspection posts;

b) Consignments undergone the intensified inspection (in case of compulsory sampling for test) and with satisfactory testing results of documentary, physical checks and laboratory tests as prescribed within 01 (one) working day after receiving satisfactory testing results from designated laboratories.

2. A Notification of Non-compliance shall be granted (by the form in enclosed

Appendix 7) for consignments with fail inspection results within 01 (one) working day of receipt of the results.

3. Duration of taking and delivering samples, testing and delivering testing results should be no longer than 10 working days.

Article 18. Inspection items to imported foodstuffs placed on the market

1. Checks on traceability information;

2. Checks on conditions of storage, packaging and labelling (if any) of foodstuffs placed on the market;

3. Sampling for analysis at authorized laboratories when non-compliance is detected or suspected or on request of relevant competent authorities.

Chapter IV

ACTIONS TO NON-COMPLIANCE

Article 19. For non-compliant foodstuffs

1. Competent Authority of the exporting country shall be required to co-ordinate in the investigation of causes of non-compliance and apply corrective actions.

2. Non-compliance cases shall be notified to relevant national competent authorities for actions and supervision of handling process.

Article 20. For non-compliant establishments

1. Import shall be suspended from establishments in one of the following cases:

a. Having at least 03 (three) inspected consignments detected with serious violation of food safety regulations within 6 months;

b. Inspection results as prescribed in Article 12 are unsatisfactory.

2. The import suspension shall be lifted when Competent Authorities of exporting countries submit reports on appropriate corrective actions taken by non-compliant establishments to meet relevant food safety requirements.

Article 21. For exporting countries

1. Import shall be suspended from exporting countries in case inspection results as prescribed in Article 12 show that the food safety control system of exporting countries has not yet fully met relevant food safety requirements.

2. The import suspension shall be lifted when follow-up inspection results show that Competent Authorities of exporting countries take food safety control measures in compliance with relevant food safety requirements.

Chapter V

RESPONSIBILITIES AND POWERS

Article 22. Responsibilities of the inspecting bodies

1. To confirm the receipt of registration documents and perform inspection to imported consignments; to issue Certificate of Food safety or Notification of Non- compliance for imported consignments as prescribed in Chapter III of this Circular;

2. To ensure the accuracy, honesty and objectivity of inspection results; strictly comply with sampling and inspection procedures as regulated (including sampling for re- testing on request);

3. To co-ordinate with Vietnam Customs to carry out inspection to imported consignments, take handling measures against non-compliant consignments and supervision of handling process;

4. To trace back non-compliant consignments;

5. To collect charges and fees as regulated.

Article 23. Powers of the inspecting bodies

1. To request consignees to provide with relevant documents of inspected consignments.

2. To take samples and perform inspection to imported consignments in compliance with the procedures laid down by this Circular.

3. To decide handling measures and supervise the handling to non-compliant consignments.

Article 24. Responsibilities of consignees

1. To register for food safety inspection as prescribed in Article 15 of this Circular;

2. To facilitate the inspection, sampling and supervision of foodstuffs in compliance with regulations in force.

3. To provide with all relevant documents and evidence for inspection and traceability.

4. To execute decisions on handling of administrative offences and be subject to supervision by competent authorities.

5. To pay inspection and testing fees and charges in compliance with regulations in force laid down by the Ministry of Finance and bear all expenses arising from application of handling measures against non-compliant consignments.

6. To self maintain inspected consignments while waiting for the inspection results in case of intensified inspection application or the decision by competent authorities on handling non-compliant consignments.

Article 25. Powers of consignees

1. To require inspecting bodies to review inspection results or perform the re- inspection.

2. To file a complaint and denouncement according to relevant regulations in force.

Article 26. Responsibilities of inspection team in exporting countries

1. To carry out food safety inspection in exporting countries after the Ministry of Agriculture and Rural Development issues the decision on setting up an inspection team overseas.

2. To co-ordinate with Competent Authorities of exporting countries to carry out on-site inspection.

3. To submit inspection reports to the Ministry of Agriculture and Rural Development no later than 15 days after the inspection mission in the exporting country.

4. To provide on-site inspection report to Competent Authorities of exporting countries as prescribed in Article 12 of this Circular.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 27. National Agro-Forestry-Fisheries Quality Assurance Department (NAFIQAD)

1. To be contact point to receive registration documents for export of foodstuffs to Vietnam from Competent Authorities of exporting countries; communicate with Competent Authorities of exporting countries about inspection plan (if necessary) and submit the Minister for setting up inspection mission to exporting countries;

2. To take responsibility, in coordination with the Department of Plant Protection:

a) To publish lists of countries approved to export their foodstuffs to Vietnam; countries and establishments suspended to export to Vietnam; notify of intensified inspection applied to foodstuffs from exporting countries detected with serious violation of food safety regulations; communicate with Competent Authorities of exporting countries about non-compliance cases and request to investigate non-compliance causes and take corrective actions.

b) To conduct on-site inspection for food safety control system and food safety conditions of exporting establishments;

c) To trace back, in collaboration with the Department of Plant Protection, non- compliance cases;

3. To submit annual or unexpected reports (on request) to the Ministry of Agriculture and Rural Development on food safety inspection performance of imported foodstuffs;

4. To set up and submit annual overseas inspection plan and respective estimated expenses to the Ministry of Agriculture and Rural Development for approval and allocation of budget.

Article 28. Department of Plant Protection (DPP)

1. To direct and supervise DPP subordinating or authorized units:

a) To perform food safety inspection and issuance of Certificates of food safety or Notification of non-compliance;

b) To notify of intensified inspection applied to consignments produced by establishments detected with serious violation of food safety regulations;

c) To co-ordinate with concerned competent authorities to handle non-compliant consignments and supervise the handling process.

2. To co-ordinate with the National Agro-Forestry-Fisheries Quality Assurance Department to perform activities as prescribed in Item 2, Article 27 of this Circular;

3. To instruct authorized units of Provincial Department of Agriculture and Rural Development to carry out inspection and supervision of imported foodstuffs placed on the local market.

4. To submit the annual or unexpected reports (on request) on food safety inspection of imported foodstuffs to the Ministry of Agriculture and Rural Development (via the National Agro-Forestry-Fisheries Quality Assurance Department);

5. To set up and submit annual inspection plan to imported foodstuffs and respective estimated expenses for free-of-charge services to the Ministry of Agriculture and Rural Development for approval and allocation of budget.

Article 29. Departments of Agriculture and Rural Development in provinces/cities under the central government.

1. To direct subordinating units on assignment to carry out inspection and supervision of imported foodstuffs placed on the local market in compliance with guidance of concerned Departments.

2. To timely notify the Department of Plant Protection and the National Agro- Forestry-Fisheries Quality Assurance Department of non-compliance cases of imported foodstuffs placed on the local market.

3. To co-ordinate with concerned competent authorities to take handling measures to non-compliant consignments and supervise the handling process;

4. To submit the annual or unexpected reports (on request) on food safety inspection and supervision of imported foodstuffs to the Department of Plant Protection for comprehensive reports to the Minister;

5. To set up and submit for approval the annual inspection plan to imported foodstuffs on assignment and respective estimated expenses.

Chapter VII

ENFORCEMENT

Article 30. Entry into force

This Circular shall come into force as of July 01, 2011.

Article 31. Amendment

During enforcement, all involved units submit reports on difficulties to the Ministry of Agriculture and Rural Development (via National Agro-Forestry-Fisheries Quality Assurance Department and Department of Plant Protection) for consideration and appropriate amendment.

APPENDIX 1

LIST OF FOODSTUFFS COVERED BY THE CIRCULAR
(Promulgated in attachment with Circular No. 13/2011/TT-BNNPTNT of March 16, 2011)

APPENDIX 2

INFORMATION ON FOOD SAFETY CONTROL SYSTEM OF FOODSTUFFS OF PLANT ORIGIN AND COMPETENCIES OF THE COMPETENT AUTHORITY OF THE EXPORTING COUNTRY
(Promulgated in attachment with Circular No. 13/2011/TT-BNNPTNT of March 16, 2011)

1. Organizational structure and official control system: (to provide description of organizational structure in levels (federal/state competent authorities, central/local competent authorities) including responsibilities and powers of each level/authority in food safety control of foodstuffs of plant origin

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

2. Official control staff (to give out number of staff, qualification, technical trainings):

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

3. Food safety legislation, technical regulations, inspection and certification procedures to foodstuffs of plant origin: (to list legal documents, technical regulations, inspection and certification procedures to foodstuffs of plant origin)

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

4. Systems of registration, certification, inspection, supervision of additives, plant growth regulators, preservatives and pesticides use; control of pathogenic microorganisms, heavy metals; Nitrate, toxins in foodstuffs of plant origin during production, domestic circulation and export (to describe how the authorities organize the inspection, supervision of foodstuffs of plant origin during production, domestic circulation and export in compliance with exporting country’s food safety legislation)

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

Date:……………….
Food safety Competent Authority of the exporting country
(Signature of the representative, stamp)

APPENDIX 3

LIST OF PESTICIDES, PLANT GROWTH REGULATORS, PRESERVATIVES USED IN PRODUCTION AND PRESERVATION OF FOODSTUFFS OF PLANT ORIGINS IN THE EXPORTING COUNTRY
(Promulgated in attachment with Circular No. 13/2011/TT-BNNPTNT of March 16, 2011)

Note: If this list is changed, Competent Authority of the exporting country should timely inform the National Agro-Forestry-Fisheries Quality Assurance Department.

Date:……….
Food safety Competent Authority of the exporting country
(Signature of the representative, stamp)

APPENDIX 4

(Promulgated in attachment with Circular No. 13/2011/TT-BNNPTNT of March 16, 2011)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
--------------------------

REGISTRATION

FOR QUARANTINE AND FOOD SAFETY INSPECTION
TO IMPORTED FOODSTUFFS OF PLANT ORIGIN (*)

Ref. No.:

ATTN: ..........................................(**)...................................................

Name of organization/individual:

Identity card:…………………………..Place of issue……………Date of issue….. Telephone:................................................. Fax/E-mail:

Requests for quarantine and food safety inspection to the following consignment (***) :

1. Name of products: ......................... Scientific name: ………………………………

Production establishment:............................................................................................

Approval number (if any) .............................................................................................

Address: ......................................................................................................................

2. Quantity and type of packaging: .............................................................................

3. Net weight: ...................................................................

Gross weight: …………....

4. Contract number, number of vouchers (L/C, TTr.): .................................................

5. Exporter: .................................................................................................................

Address: .....................................................................................................................

6. Exporting country: ..................................................................................................

7. Place of loading: ......................................................................................................

8. Importer: ................................................................................................................

Address:: ....................................................................................................................

9. Entry border inspection post: ..................................................................................

10. Means of transport: ...............................................................................................

11. Aim of use: ...........................................................................................................

12. Phytosanitary Certificate issued by the importing country (if any): ........................

13. Place of quarantine and food safety inspection: .....................................................

14. Date of quarantine and food safety inspection: ......................................................

15. Expected quantity of Certificates of quarantine and food safety inspection to be granted

We undertake to maintain the status quo of the described-above consignment which will be transported to the registered place of inspection and only placed on the market / used with presence of Certificate of quarantine and food safety inspection (****).

For organization/individual
(Signature, stamp and full name)

FOR QUARANTINE AND FOOD SAFETY INSPECTION BODY USE ONLY

Record No. .................., date....month...year.... ........
Representative of quarantine and food safety inspection body
(Signature, stamp, full name)

FOR CUSTOMS USE ONLY

( In case the consignment is rejected for import)
The reason why the above consignment is not approved for import into Vietnam:

........................................................................................................................................

........................................................................ ..........., date …...month….. year …….

Border customs post.............................
(Signature, stamp, full name)

(*) Registration should be completed on the both sides of A4-sized paper; (**) Name of quarantine and food safety inspection body;

(***) Registration should be fully completed in correct order as required;

(****) Only note the undertaking in case of registration for quarantine and food safety inspection to imported foodstuffs

APPENDIX 5

(Promulgated in attachment with Circular No. 13/2011/TT-BNNPTNT of March 16, 2011)

REPORT ON QUARANTINE, FOOD SAFETY INSPECTION AND SAMPLING

Place: .........................................................................................................................

Name of inspector: .....................................................................................................

Name of inspecting body: ............................................................................................

Name of consignee: ....................................................................................................

In compliance with plant quarantine and food safety regulations of the S.R. of Vietnam, the following consignment has been inspected and sampled:

Inspection result and conclusion by inspector:

....................................................................................................................................

....................................................................................................................................

....................................................................................................................................

The inspector, Mr./Ms. ……………………….. has taken the mentioned amount of samples.

Done in two copies:

- One for the consignee

- One for the inspector

(Place)………., (date)………….

APPENDIX 6

(Promulgated in attachment with the Circular No.13/2011/TT-BNNPTNT of March 16, 2011)

CERTIFICATE OF QUARANTINE AND FOOD SAFETY INSPECTION TO IMPORTED FOODSTUFFS OF PLANT ORIGIN

Ref. No. : ........

Granted for: ................................................................................................................

Address: .....................................................................................................................

To be the owner (or the owner’s representative) of the following consignment:

Name, address of importer:..........................................................................................

....................................................................................................................................

Exporting country........................................................................................................

Production establishment:............................................................................................

Approval number (if available):...................................................................................

Address: .....................................................................................................................

Entry border inspection post .......................................................................................

ATTESTATION

    The above consignment has been inspected and not detected with the regulated pests/diseases in Vietnam;

    The consignment has been inspected and detected with the pests/diseases ….. which is regulated in Vietnam or strange pests/diseases (possibleto strike out words if not necessary)

    The above consignment has passed documentary and physical checks.

    The above consignment has passed documentary, physical checks and laboratory tests for food safety criteria.

Certain conditions specified in dispatch and receipt of the consignment:

    The consignment is approved for use at above-mentioned place;

    Immediately inform the nearest plant quarantine/plant protection body if detecting with the regulated pests/diseases in Vietnam (in the process of loading, transporting, using…);

    Others: …………………………………………………………………………….

This Certificate is based on:

      Phytosanitary Certificate No……../KDTV            of …date/month/year (issued by the importing country).

      Registration for quarantine and food safety inspection to imported foodstuffs of plant origin;

      Phytosanitary Certificate issued by the exporting country;

      Laboratory testing results for phytosanitary criteria;

      Stamp for packaging materials treatment by exporting country

      Others: ...........................................................................................

HEAD OF COMPETENT AUTHORITY
(Signature, Stamp)

Note:It is prohibited to transport the consignment to other places without approval by quarantine and food safety inspection body

APPENDIX 7

(Promulgated in attachment with Circular No. 13/2011/TT-BNNPTNT of March 16, 2011)

NOTIFICATION OF NON COMPLIANCE

Ref. No.: