Decree No. 155/2018/ND-CP dated November 12, 2018 of the Government on amendments to some articles related to business conditions under state management of the Ministry of Health

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ATTRIBUTE

Decree No. 155/2018/ND-CP dated November 12, 2018 of the Government on amendments to some articles related to business conditions under state management of the Ministry of Health
Issuing body: GovernmentEffective date:
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Official number:155/2018/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:12/11/2018Effect status:
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Fields:Medical - Health

SUMMARY

Restaurant chief must not contract with 09 diseases

On November 12, 2018, the Government issues the Decree No. 155/2018/ND-CP on amendments to some articles related to business conditions under state management of the Ministry of Health.

One of the remarkable contents of this Decree is food safety requirements for the food and beverage establishments. To be specific, those establishments have to fulfill the following criteria:

- The persons who directly produce and trade food must be trained and provided with knowledge on food safety, as well as be authorized by the facility owner and must not contract any of the following diseases during food manufacturing and trading process: cholera, hepatitis A and E, skin infection, tuberculosis and diarrhea epidemic;

- Carry out three-step food checking and store food sample according to the guidelines of the Ministry of Health (three-step food checking are: Preprocess checking, in-process checking, and pre consuming checking);

- Equipment and vehicle used for food transport and preservation must ensure hygiene and must not contaminate such food.

Besides, food and beverage establishments have to comply with the regulations in Articles 28, 29 and 30 of the Law on Food Safety.

This Decree takes effect on the signing date.
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Effect status: Known

THE GOVERNMENT

Decree No. 155/2018/ND-CP dated November 12, 2018 of the Government on amendments to some articles related to business conditions under state management of the Ministry of Health

Pursuant to the Law on Organization of the Government dated June 19, 2015;

At the request of the Minister of Health;

The Government promulgates the Decree on amendments to some articles related to business conditions under state management of the Ministry of Health.

Chapter I

FOOD SAFETY

Article 1. To annul some documents and regulations on food safety as follow:

1. Article 2 Chapter I, Chapter IV and Chapter V of the Government’s Decree No. 67/2016/ND-CP dated July 01, 2016 on requirements for food manufacturing and trading under specialized management of the Ministry of Health.

2. Clause 2c Article 5 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some articles of the Law on Food Safety (hereinafter referred to as "Decree No. 15/2018/ND-CP).

3. Circular No. 15/2012/TT-BYT dated September 12, 2012 of the Minister of Health providing food safety requirements applied to food manufacturers and sellers.

4. Circular No. 16/2012/TT-BYT dated October 22, 2012 of the Minister of Health on food safety conditions applicable to food manufacturers and sellers and food packing instruments and materials under the management of the Ministry of Health.

5. Circular No. 26/2012/TT-BYT dated November 30, 2012 of the Minister of Health on granting of food safety certificates for manufacturers and sellers of functional food, food with micronutrients, food additives and food processing aids; still mineral water, bottled water; food packaging instruments and materials under the management of the Ministry of Health.

6. Circular No. 30/2012/TT-BYT dated December 05, 2012 of the Minister of Health on food safety conditions applied to street food vendors.

7. Circular No. 47/2014/TT-BYT dated December 11, 2014 of the Minister of Health providing guidance on management of food safety of food and beverage establishments.

8. Clause 1 and 3, Article 14, clause 1 of Article 15 of Circular No. 43/2014/TT-BYT dated November 24, 2014 of the Minister of Health on management of functional foods.

Article 2. To amend and supplement some articles of the Government’s Decree No. 67/2016/ND-CP dated July 01, 2016 on requirements for food manufacturing and trading under specialized management of the Ministry of Health

1. To amend Article 1, Chapter I as follows:

 “This Decree deals with requirements for food manufacturing and trading, application documents and procedures for issuance of food safety certificates (hereinafter referred to as "Certificates") under specialized management of the Ministry of Health. Such certificates are provided for the facilities manufacturing and trading the products and foods specified in Appendix II enclosed with the Circular 15/2018/ND-CP (hereinafter referred to as "food manufacturers and sellers) and for the food and beverage establishments. Requirements for food manufacturing and trading, application documents and procedures for issuance or re-issuance of food safety certificates for the eligible facilities applying GMP principle in producing health supplements, and requirements for food additive production and business must be satisfied according to the regulations in the Decree No. 15/2018/ND-CP.”

2. To amend Chapter II as follows:

“Chapter II

FOOD SAFETY REQUIREMENTS FOR FOOD MANUFACTURERS AND SELLERS UNDER MANAGEMENT OF THE MINISTRY OF HEALTH AND THE FOOD AND BEVERAGE ESTABLISHMENTS

Article 4. Food manufacturers and sellers under management of the Ministry of Health

1. Comply with the regulations in Articles 19, 20, 21, 22, 25, 26 and 27 of the Law on Food Safety and the following specific requirements:

a. Food manufacturing process shall be designed to provide an operational flow through pattern and follow a sequence from raw materials to finished products.

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