Circular No. 29/2012/TT-BCT dated October 05, 2012 of the Ministry of Industry and Trade on the issuance and revocation of the certificates of fulfillment of food safety conditions under the management of the Ministry of Industry and Trade

CIRCULAR

ON THE ISSUANCE AND REVOCATION OF THE CERTIFICATES OF FULFILLMENT OF FOOD SAFETY CONDITIONS UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Government s Decree No. 189/2007/ND-CP on December 27^th2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade

Pursuant to the Government s Decree No. 44/2011/ND-CP dated June 14^th2011 amending and supplementing Article 3 of the Government s Decree No. 189/2007/ND-CP on December 27^th2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law of Food safety No. 55/2010/QH12 dated June 17^th2010;

Pursuant to the Government s Decree No. 38/2012/ND-CP dated April 25^th2012 detailing the implementation of a number of articles of the Law of Food safety;

The Minister of Industry and Trade promulgates a Circular on the issuance and revocation of the Certificates of fulfillment of food safety conditions under the management of the Ministry of Industry and Trade as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular deals with the dossier of application of the Certificate (hereinafter referred to as dossier), the procedures for, and procedures authority to issue and revoke the Certificates of fulfillment of food safety conditions (hereinafter referred to as Certificates) applicable to organizations and individuals (hereinafter referred to as establishments) that produce or trade wine, beer, soft drink, processed milk, vegetable oil, powder, starch, sweets, jam; instruments and materials for wrapping and storing food under the management of the Ministry of Industry and Trade

Article 2. Subjects of application

1. This Circular is applicable to the establishments that produce or trade food products; instruments and materials for wrapping and storing food under the management of the Ministry of Industry and Trade, except for the cases prescribed in Clause 2 this Article.

2. The subjects exempted from applying for the Certificate:

a) Small producing establishments: only 02 workers or less that directly participate in the production;

b) Small trading establishments: Only 02 employees or less that directly sell products;

c) Street vendors;

d) The trading of pre-packed food without special conditions of preservation as prescribed.

Chapter 2.

THE DOSSIERS, PROCEDURES FOR, AND AUTHORITY TO ISSUE AND REVOKE THE CERTIFICATES OF FULFILLMENT OF FOOD SAFETY CONDITIONS

Article 3. The dossier of application for the Certificate

The dossier of application for the Certificate must be made into 02 sets, comprising:

1. The application for the Certificate of fulfillment of food safety conditions made under the Annex 1 promulgated together with this Circular;

2. A notarized copy of the Certificate of business registration or the Investment certificate that specify the food business;

3. The description of the facilities, equipment, and instruments that fulfill the food safety conditions made under the Annex 2 or Annex 3 promulgated together with this Circular;

4. The original or the authenticated copy of the Certificate of knowledge in food safety and hygiene of the establishment owner, the people that directly participate in the production or sale, or the list of the managers of the establishment issued by a competent agency appointed by the Ministry of Industry and Trade as prescribed;

5. The original or the authenticated copy of the Certificate of health of the establishment owner, the people that directly participate in the production or sale, or the list of the managers of the establishment issued by a district-level health agency or above.

Article 4. Receiving and assessing the dossier validity

1. . Receiving and assessing the dossier validity

Within 05 working days as from receiving the dossier, the competent agency prescribed in Article 8 of this Circular must assess the validity of the dossier of application for the Certificate of the establishment as prescribed; if the dossier is not valid, the competent agency inform and request the establishment, in writing, to supplement the dossier; the period of waiting for the supplementation is not included in the dossier assessment period.

2. Establishing the Appraisal Commission

a) Within 15 working days after receiving the valid dossier, the competent agency shall appraise the dossier content and carry out field inspection at the establishment.

b) The establishment of the Commission of dossier appraisal and field inspection is decided by the agency competent to issue the Certificate, or an authorized agency. A Commission comprises 03 – 05 members, 2/3 of them must be specialized in food safety and inspector of food safety (it is allowed to invite external experts with suitable specialty to join the Commission).

3. The content of appraisal

Checking the information and assessing the legitimacy of the dossier of application for the Certificate compared to the original dossier kept at the establishment as prescribed.

The food safety conditions as prescribed.

4. The appraisal results

a) The appraisal results must specify whether the establishment is “passed” or “failed” in the appraisal record on the food safety conditions of the food-producing establishment in Annex 4, or the appraisal record on the food safety conditions of the food-trading establishment in Annex 5 promulgated together with this Circular, and must suit the registered business line of the establishment.

b) If the establishment is “failed”, the reasons and the time of reappraisal must be provided (not exceeding 03 months). The establishment must submit a report on the rectification, made under the Annex 6 promulgated together with this Circular, at the request of the Appraisal Commission written in the appraisal record to the competent agency for reappraisal as prescribed in Clause 1 this Article. If the establishment is still failed after the reappraisal, the Appraisal Commission shall request the competent agency to not issue the Certificate of fulfillment of food safety conditions, or suspend the operation of the establishment when it applies for a reissuance.

The appraisal record shall be made in 02 copies with equal value. 1 copy is kept by the Commission, 01 copy is kept by the establishment owner.

Article 5. Issuing and reissuing the Certificate

1. Issuing the Certificate

a) Within 05 working days as from giving the “passed” result, the competent agency must issue the Certificate to the establishment under the Annex 7 or Annex 8 promulgated together with this Circular;

b) The dossier of application for the Certificate being kept at the establishment and the agency competent to issue the Certificate comprises:

- The application for the Certificate: the original is kept at the establishment, the copy is kept at the agency competent to issue the Certificate;

- The Decision on establishing the Appraisal Commission, and the written authorization (in case of authorized appraisal);

- The appraisal record made by the Appraisal Commission stating “Passed”

- The Certificate of fulfillment of food safety conditions.

2. Reissuing the Certificate

a) 06 months before the Certificate expires, the establishment must submit an application, made under Annex 09 promulgated together with this Circular, if they wish to continue producing or trading. The dossier and procedures for applying for the reissuance of the certificate are provided in Article 3, 4, and 5 of this Circular.

b) If the issued certificate is lost or damage, the food-producing establishment or food-trading establishments must submit an written application for the reissuance of the Certificate of fulfillment of food safety conditions, made under the Annex 09 promulgated together with this Circular, to the competent agency that issued the certificate. Within 05 working days as from receiving the valid application, based on the previous documents, the competent agency that issued the Certificate shall consider and reissue the Certificate to the establishment. The refusal must be informed and explained in writing.

3. The Certificate is valid for 03 years.

Article 6. Fees for issuing the Certificate of fulfillment of food safety conditions

1. The establishment that apply for the Certificate must pay the fees for the appraisal and the issuance of the Certificate as prescribed by law provisions on fees and charges.

2. The management of fees for appraisal must comply with as prescribed by current law provisions.

Article 7. The authority to issue the certificate

1. Issuing the certificate to the establishment that produce or process food:

a) The Ministry of Industry and Trade shall issue the Certificates to the establishments that produces:

- Wine: at least 3,000,000 liters per year;

- Beer: at least 50,000,000 liters per year;

- Soft drink: at least 20,000,000 liters per year;

- Processed milk: at least 20,000 liters per year;

- Vegetable oil: at least 50,000 tonnes per year;

- Sweets: at least 20,000 tonnes per year;

- Powder and starch: at least 100,000 tonnes per year;

- Instruments and materials for wrapping and storing the above products.

b) The Services of Industry and Trade of central-affiliated cities and provinces (hereinafter referred to as provincial Services of Industry and Trade) shall issue the Certificates to:

- The local establishments that produce food products under the management of the Ministry of Industry and Trade, of which the designed production is lower than that of the establishments prescribed in Point a Clause 1 this Article.

2. Issuing the certificate to the establishment that trade food:

a) The Ministry of Industry and Trade shall issue the Certificates to the establishments of manufacturers of whom the scale and products suit Point a Clause 1 this Article; the food-trading establishments of wholesale traders or wholesale agents in at least 02 central-affiliated cities or provinces.

b) The provincial Services of Industry and Trade shall issue the Certificates to the food-trading establishment of wholesale traders or wholesale agents in 1 central-affiliated cities or provinces, and the local retail food stores; to the establishments of whom the location, the scale, and products suit Point b Clause 1 this Article.

Article 8. Revoking the Certificate

1. Cases of revocation

The Certificates of food-producing establishments and food-trading establishments shall be revoked in the following cases:

a) Not doing the food business as registered.

b) Having a decision from a competent State agency on changing the business line at the old location.

c) The right to use the certificate is deprived of as prescribed by law provisions on penalties for administrative violations of food safety.

2. The authority to revoke the certificate

a) The competent agency that is competent to issue a certificate is also competent to revoke it.

b) The superior competent agencies are entitle to inspect and revoke the certificates issued by the inferior competent State agencies if the establishment is found that they are seriously violating the provisions on food safety conditions.

Chapter 3.

RESPONSIBILITIES OF RELEVANT PARTIES

Article 9. Responsibilities of the agencies competent to issue the Certificates

The agencies competent to issue the Certificates prescribed in Article 7 must:

1. Issue the Certificates of fulfillment of food safety conditions to the establishments prescribed in Article 2 of this Circular as prescribed.

2. Keep the dossiers of application for the Certificate as prescribed.

3. Cooperate with relevant agencies in inspecting  when receiving complaints or denunciation, or finding signs of violations of provisions on food safety and hygiene conditions as prescribed by law.

Article 10. Responsibilities of the applicants for the Certificates

1. Applying for the issuance of the Certificates in accordance with the procedures prescribed in this Circular.

2. Enabling the Appraisal Commission to carry out appraisal at their establishments.

3. Keeping the dossiers of application for the Certificate as prescribed.

4. Paying the fees for the appraisal and the issuance of the Certificate as prescribed by law provisions on fees and charges.

Chapter 4.

IMPLEMENTATION ORGANIZATION AND EFFECTS

Article 11. Implementation organization

1. The Ministry of Industry and Trade shall assign:

a) The Department of Science and Technology to receive the dossiers and assess their validity, then submit them to the leaders of the Ministry of Industry and Trade for considering and issuing the Certificates to the food-producing and food-processing establishments the scale and products suit Point a Clause 1 Article 7 of this Circular, and guide the implementation of this Circular nationwide.

b) The Department of Domestic market to receive the dossiers and assess their validity, then submit them to the leaders of the Ministry of Industry and Trade for considering and issuing the Certificates to the food-trading establishments prescribed in Point a Clause 2 Article 7 of this Circular;

2. The Services of Industry and Trade shall guide the implementation of this Circular locally.

Article 12. Effects

1. This Circular takes effect on November 19^th2012.

2. The difficulties arising during the course of implementation are recommended to be reported to the Ministry of Industry and Trade for consideration and settlement./.