Circular 28/2021/TT-BYT List of foods, food additives with commodity codes for inspection of safety of imported foods

CIRCULAR

Promulgating the List of foods, food additives and food packages and containers with commodity codes determined according to Vietnam’s List of imports and exports for state inspection of safety of imported foods^[1]

Pursuant to the June 17, 2010 Law on Food Safety;

Pursuant to the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control;

Pursuant to the Government’s Decree No. 75/2017/ND-CP of June 20, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety;

At the proposal of the Director of the Vietnam Food Administration;

The Minister of Health promulgates the Circular promulgating the List of foods, food additives and food packages and containers with commodity codes determined according to Vietnam’s List of imports and exports for state inspection of safety of imported foods.

Article 1.  Promulgation of the List

To promulgate together with this Circular the List of foods, food additives and food packages and containers for state inspection of safety of imported foods (below referred to as the List) that have commodity codes determined according to Vietnam’s List of imports and exports promulgated together with the Ministry of Finance’s Circular No. 65/2017/TT-BTC of June 27, 2017.

Article 2. Principles of application of the List

1. The use of the List must adhere to the following principles:

a/ In case only 4-digit codes are listed, all 8-digit codes of this 4-digit group shall be applied;

b/ In case 8-digit codes are listed in detail, such 8-digit codes shall be applied only;

c/ When importing the products and goods specified in the List and falling into the case specified at Point a of this Clause, enterprises shall provide customs offices with sufficient information about the imported goods (composition, structure, utility, and technical documents (if any)); and commit to taking responsibility for the declared contents and using the imported goods for proper purposes.

2. For the goods specified in the List but falling into one of the cases specified in Article 13 of the Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety, or not used as foods, food additives, food processing aids, and food packages and containers, they are not subject to state inspection of safety of imported foods.

3. In case the goods have no HS codes or a dispute related to HS codes on the List occurs, the Vietnam Food Administration (the Ministry of Health) shall coordinate with the General Department of Vietnam Customs (the Ministry of Finance) in considering for reaching agreement with each other on the basis of the principles specified in Clause 4, Article 19 of the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control, so as to facilitate the customs clearance of goods, and at the same time propose modifications to the List.

Article 3. Reference provision

In case the legal documents and regulations referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing legal documents shall prevail.

Article 4. Implementation provisions

1. This Circular takes effect on February 2, 2022.

2. The Minister of Health’s Circular No. 05/2018/TT-BYT of April 5, 2018, promulgating the List of foods, food additives, food processing aids and food packages and containers with commodity codes determined according to Vietnam’s List of imports and exports, ceases to be effective on the date this Circular takes effect.

3. The Vietnam Food Administration, Chief of the Office, Chief of the Inspectorate, directors and general directors of departments and general departments of the Ministry of Health, and related agencies, organizations and individuals shall implement this Circular.

Any problems arising in the course of implementation of this Circular should be reported to the Vietnam Food Administration (the Ministry of Health) for consideration and settlement.-

For the Minister of Health
Deputy Minister
DO XUAN TUYEN