Decree No. 77/2016/ND-CP dated July 01, 2016 of the Government on amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade

DECREE

Amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade[1]

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

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

Pursuant to the November 21, 2007 Law on Chemicals;

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

Pursuant to the November 26, 2014 Law on Investment;

Pursuant to the June 30, 2011 Ordinance on Management and Use of Weapons, Explosive Materials and Supporting Tools, and the July 12, 2013 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosive Materials and Supporting Tools;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade.

Chapter I

INTERNATIONAL GOODS TRADING

Article 1.To add Clause 11 to Article 9 of the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries

“11. For mineral export and import:

a/ Being traders as defined in the Commercial Law;

b/ Particularly for coal export, import, temporary import for re-export and border- gate transfer, traders must also own or rent coal business locations, vehicles or craft for coal transportation, loading and unloading equipment, warehouses and storage yards, wharves and weighing and measuring equipment to serve coal trading activities, and fully satisfy technical requirements and safety, environmental sanitation and fire and explosion prevention and fighting conditions under current regulations.”

Article 2.To amend and supplement Clauses 2 and 3, Article 11 of the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency with foreign countries

“2. Except for goods which are banned from temporary import for re-export or suspended from temporary import for re-export and for goods falling in the cases specified in Clause 1 of this Article, enterprises only need to carry out procedures for temporary import for re-export at the customs office and are not required to have a license for temporary import for re-export. The Government assigns the Ministry of Industry and Trade to publicize the List of goods banned from temporary import for re-export or suspended from temporary import for re-export as referred to in this Clause.

3. The following goods may be temporarily imported for re-export under certain conditions:

a/ Used goods;

b/ Frozen foods;

c/ Goods liable to excise tax.

The Government assigns the Ministry of Industry and Trade to announce the List of goods which may be temporarily imported for re-export under certain conditions as referred to in this Clause.”

Article 3.To add Article 11a to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries

“Article 11a. Conditions for temporary import for re-export of frozen foods

An enterprise that wishes to temporarily import for re-export frozen foods on the List issued by the Minister of Industry and Trade must meet the following conditions:

1. Paying a deposit of VND 10 billion at a credit institution located in the province or city where the enterprise’s warehouse or storage yard prescribed in Clause 2 of this Article is located.

2. Having a warehouse or storage yard serving the temporary import for re-export of frozen foods, as specifically prescribed below:

a/ A warehouse or storage yard must have a storage capacity of at least 100 40-feet refrigerated containers and a minimum area of 1,500 m². It shall be separated from the outside with solid fences at least 2.5 m high, must have a way for container vehicles to move into and out, and have an entrance gate hung with a signboard of the enterprise;

b/ A warehouse or storage yard must have sufficient power supply sources (including the grid power source and power generators of equivalent output) and special-use equipment to operate refrigerated containers matching its storage capacity;

c/ A warehouse or storage yard, which may be owned or rented by the enterprise, must be located in a zone planned for warehouses and storage yards serving the temporary import for re-export of frozen foods or in a zone designated for building warehouses and storage yards to serve the temporary import and re-export of frozen foods by the People’s Committee of a border province after reaching agreement with the General Department of Customs, the Border Guard High Command and the Ministry of Industry and Trade;

d/ A warehouse or storage yard which an enterprise has declared for the purpose of applying for a certificate of code of temporary import for re-export of goods may not be rented in part or in whole to another enterprise for the same purpose.”

Article 4.To add Article 11b to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency with foreign countries

“Article 11b. Conditions for temporary import for re-export of goods liable to excise tax

An enterprise that wishes to temporarily import for re-export goods liable to excise tax on the List issued by the Minister of Industry and Trade shall pay a deposit of VND 7 billion at a credit institution located in the province or city where its business registration certificate or enterprise registration certificate is granted.”

Article 5.To add Article 11c to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries

“Article 11c. Conditions for temporary import for re-export of used goods

An enterprise that wishes to temporarily import for re-export used goods shall pay a deposit of VND 7 billion at a credit institution located in the province or city where its business registration certificate or enterprise registration certificate is granted.”

Article 6.To add Article 11d to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency with foreign countries

“Article 11d. Conditions for grant of certificates of codes of temporary import for re-export business

1. The Ministry of Industry and Trade shall grant certificates of codes of goods temporary import for re-export business (below referred to as temporary import for re-export codes) to enterprises that fully satisfy the conditions prescribed in Article 11a, 11b or 11c of this Decree.

2. A temporary import for re-export code referred to in this Article is a separate code for each category of goods. A temporary import for re-export code of a category of goods may be used for temporary import for re-export of goods of such category.

3. For goods consigned to a bonded warehouse for export or re-export through a border province, only an enterprise that has a temporary import for re-export code of the category of such goods may undersign the customs declaration for receipt and delivery of the goods at a bonded warehouse for export or re-export. Goods consigned to a bonded warehouse must comply with the customs law.

4. The temporary import for re-export and consignment to bonded warehouses of goods specified in Articles 11a, 11b and 11c of this Decree which does not involve the export or re-export via a northern border gate is not a conditional one and not required to have a temporary import for re-export code. In case of necessity to meet management requirements, the Ministry of Industry and Trade shall propose the Prime Minister to impose the grant of temporary import for re-export codes to enterprises that temporarily import goods for re-export and consign goods to bonded warehouses for export or re-export via border gates not located in the north.”

Article 7.To add Article 28a to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency with foreign countries

“Article 28a. Conditions for grant of licenses for production and export processing of military uniforms for foreign armed forces

The Ministry of Industry and Trade shall grant licenses for production and export processing of military uniforms for foreign armed forces after obtaining a written certification by the Ministry of Public Security or the Ministry of National Defense of the satisfaction of the following conditions:

1. Having a sale and purchase, production or processing contract signed between the party that orders the production or processing and an agency responsible for the procurement and logistics of foreign armed forces, or a certification of the unit, agency or organization being the end user of military uniforms to be produced or processed in Vietnam under orders.

2. In case of export to the United States of America, for the initial submission of a dossier of application for a license, a document on the grant of a manufacturer identification (MID) code for garment and textile exports to the United States of America, which is granted by the Ministry of Industry and Trade, is required.”

Chapter II

CHEMICALS

Article 8.To add Article 12a to the Government’s Decree No. 108/2008/ND-CP of October 7, 2008, detailing and guiding the implementation of a number of articles of the Law on Chemicals

“Article 12a. Conditions for production of and trading in industrial precursors

1. Conditions for production of industrial precursors

A producer of industrial precursors must satisfy the conditions for production of industrial chemicals prescribed in Clause 4, Article 1 of the Government’s Decree No. 26/2011/ND-CP of April 8, 2011, amending and supplementing a number of articles of the Government’s Decree No. 108/2008/ND-CP of October 7, 2008, detailing and guiding the implementation of a number of articles of the Law on Chemicals.

2. Conditions for trading in industrial precursors

A trader in industrial precursors must satisfy the conditions for trading in industrial chemicals prescribed in Clause 4, Article 1 of Decree No. 26/2011/ND-CP, and the following conditions:

a/ Having an enterprise registration certificate, an investment license, a business registration certificate or a business household registration certificate;

b/ Persons in direct contact with precursors, including managers, salespersons, delivery men and warehouse keepers, have been trained in chemical safety as prescribed in Clause 5, Article 1 of Decree No. 26/2011/ND-CP;

c/ Business locations and display places must ensure quality of industrial precursors in accordance with the law on goods and product quality. Warehouses or areas for storing and preserving industrial precursors must satisfy technical requirements on safety and have necessary cautions as prescribed by the Law on Chemicals;

d/ An industrial precursor trading establishment must meet fire and explosion prevention and fighting and environmental protection conditions prescribed by law;

dd/ Industrial precursors shall be properly labeled in accordance with law. Documents and invoices on purchase and sale of precursors must clearly show the origin of manufacture or import or place of supply of such precursors. Importers of precursors from abroad into Vietnam must have a document relating to the purchase and sale of precursors such as sale contract; sale and purchase agreement; memorandum; or commercial invoice;

e/ Having a card of control of purchase and sale of toxic chemicals certified by the buyer and seller in accordance with the Law on Chemicals, for industrial precursors being sulfuric acid and hydrochloric acid.”

Article 9.To amend and supplement Points c, d, dd, h and i, Clause 1, Article 15 of the Government’s Decree No. 38/2014/ND-CP of May 6, 2014, on management of chemicals under control by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

“Article 15. Conditions for production of Schedule 1 chemicals

1. Organizations and individuals may not produce Schedule 1 chemicals, except in special cases of production for the purposes of scientific research, maintenance of national defense and security, and prevention and combat of epidemics. In these cases, a producer of Schedule 1 chemicals must satisfy the following conditions:

c/ Having locations, area, workshops, machinery, equipment, technological processes and warehouses suitable for the production of Schedule 1 chemicals up to quality standards.

Chemical production lines must ensure quality of produced chemicals. Machinery and equipment for producing Schedule 1 chemicals must have clear and lawful origin. Machinery and equipment must have strict requirements on safety; testing and measuring devices shall be inspected, calibrated and adjusted under current regulations on machinery and equipment inspection, and suit the production capacity and technological processes;

A producer’s own or rented warehouses must suit chemical preservation technologies and comply with regulations and standards on fire and explosion prevention and fighting. Warehouses of chemicals must have a board displaying internal regulations on chemical safety, easy-to-notice danger signs and a signaling system corresponding to the danger level of stored chemicals and fully representing their dangerous features;

Stored chemicals must have labels under current regulations on labeling. Labels of Schedule 1 chemicals must be mechanically and chemically durable throughout the existence of the chemicals.

d/ Having testing or analysis laboratories for controlling quality of chemicals. Testing laboratories must be capable of carrying out analyses of quality criteria specified in the national technical regulations for output products and of quality criteria defined in standards applied to input materials in order to control product quality;

In case no testing laboratory is available or the existing testing laboratory is unable to test required quality criteria, there must be a service contract signed with a testing organization that possesses a testing operation registration certificate granted in accordance with the law on goods and product quality and is designated to control quality of chemicals.

dd/ Having a chemical gas emission and waste treatment system as required by the law on environment and current national technical regulations on industrial gas emissions, hazardous waste threshold and solid waste;

h/ The director or deputy director in charge of technical issues must possess a university or higher degree in chemicals; managers, technicians and production executives must possess a university degree in chemicals or a certificate proving their qualifications in chemicals;

i/ Workers in direct contact with chemicals must have been trained in chemical safety and possess a certificate of training in chemical safety techniques granted by a competent agency.”

Chapter III

INDUSTRIAL EXPLOSIVES

Article 10. To amend and supplement Points a, b and c, Clause 3, Article 11 of the Government’s Decree No. 76/2014/ND-CP of July 29, 2014, detailing a number of articles of the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosive Materials and Supporting Tools

“3. Requirements on physical and technical foundations:

a/ The warehouse or port or place where explosive precursors are stored or loaded and unloaded must ensure security and order conditions; have fire and explosion prevention and fighting equipment and satisfy fire prevention and fighting conditions prescribed by the Law on Fire Prevention and Fighting; ensure a safe distance from facilities and objects in need of protection according to current standards and regulations, the law on chemicals, and relevant regulations. An organization trading in ammonium nitrate of high content (98.5% or higher) must possess a certificate of satisfaction of security and order conditions granted by a competent agency;

b/ Tools and equipment containing or storing explosive precursors must ensure quality of explosive precursors and environmental sanitation, must be leak-free and water-proof, and shall be cleaned and dried before used for storing explosive precursors; vehicles for transporting explosive precursors must comply with regulations on transportation of dangerous goods;

c/ Explosive precursor warehouses (owned or leased by traders) must meet the quality assurance conditions in the course of explosive precursor trading.”

Article 11.To amend and supplement Clause 4, Article 11 of the Government’s Decree No. 76/2014/ND-CP of July 29, 2014, detailing a number of articles of the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosive Materials and Supporting Tools

“4. Requirements on chemical safety assurance

a/ Having adopted measures certified by or a plan approved by a competent agency for preventing and responding to chemical incidents in accordance with the Law on Chemicals;

b/ Having chemical safety datasheets written in Vietnamese for explosive precursors, issued by the trading organization and kept at the places where explosive precursors are stored;

c/ Having internal regulations on chemical safety and a signaling system corresponding to the danger level of stored chemicals at places where explosive precursors are stored or preserved. If stored explosive precursors have different dangerous properties, their caution signs must fully show such properties;

d/ Explosive precursors may neither be placed outdoors nor stored together with combustible materials, reducing agents, and chemicals and materials which can generate heat by absorption of moisture.”

Article 12.To amend and supplement Clause 6, Article 17 of the Government’s Decree No. 39/2009/ND-CP of April 23, 2009, on industrial explosives

“Article 17. Conditions for production of industrial explosives

6. Managers, workers and employees involved in the production of industrial explosives must satisfy security and order requirements; possess professional qualifications corresponding to their working positions and duties, have been trained in safety techniques, fire prevention and fighting and response to incidents in industrial explosive production activities, specifically:

a/ Persons directly engaged in industrial explosive activities must satisfy the following conditions:

- Having a valid personal identification paper and being not prohibited from participating in industrial explosive activities as prescribed in Clause 5, Article 5 of Decree No. 39/2009/ND-CP;

- Possessing professional qualifications corresponding to assigned duties and having been trained in safety techniques in industrial explosive activities according to Article 29 of Decree No. 39/2009/ND-CP and regulations in QCVN 01:2012/BCT and QCVN 02:2008/BCT on industrial explosive activities; TCVN 5507:2002 and relevant standards and regulations applicable to explosive precursors, and possessing a certificate of safety techniques for industrial explosives granted by a competent agency;

- Being physically fit to meet requirements of each job in accordance with the current labor law;

- Persons directly engaged in the production of industrial explosives and explosive precursors must have been trained and possess a certificate of professional qualifications relevant to assigned positions and duties.

b/ In addition to the conditions prescribed at Point a, Clause 6 of this Article, foreigners participating in industrial explosive activities in Vietnamese enterprises must have work permits granted by competent labor agencies, and have been trained in the law on industrial explosives and relevant laws of Vietnam;

c/ Managers, division heads and workers directly involved in industrial explosive and explosive precursor activities in enterprises of the Ministry of National Defense must have been trained and possess certificates granted by the Ministry of National Defense or by an agency managing industrial explosives as assigned by the Ministry of National Defense. Training contents must satisfy the requirements mentioned at Point a, Clause 6 of this Article.

Directors must possess a university degree; deputy directors in charge of technical issues and heads of divisions directly involved in the production of industrial explosives must possess a university degree in any of the following majors: chemicals, bullet weapons, chemical technology in propellants and explosives; mining, geology; construction of traffic or irrigational works.”

Article 13. To add Article 20a to the Government’s Decree No. 39/2009/ND-CP of April 23, 2009, on industrial explosives

“Article 20a. Conditions for import and export of industrial explosives

1. Conditions for import of industrial explosives

a/ Having a license for trading in industrial explosives;

b/ Having a contract on purchase of industrial explosives signed with a foreign enterprise and a contract on sale of industrial explosives signed with a domestic enterprise.

2. Conditions for export of industrial explosives

a/ Having a license for trading in industrial explosives;

b/ Having a contract on sale of industrial explosives signed with a foreign enterprise and a contract on purchase of industrial explosives signed with a domestic enterprise;

c/ For industrial explosives exported (or re-exported) by foreign petroleum enterprises, having a contract on purchase of industrial explosives from a foreign enterprise and a contract on sale of industrial explosives to another foreign enterprise.”

Article 14.To amend and supplement Clauses 2, 3 and 4, Article 21 of the Government’s Decree No. 39/2009/ND-CP of April 23, 2009, on industrial explosives

“Article 21. Conditions for use of industrial explosives

2. Having mineral or petroleum activities, or construction, research or testing facilities requiring use of industrial explosives. Locations where industrial explosives are used must ensure security and order conditions, and a safe distance from works and objects in need of protection according to current standards and technical regulations and relevant regulations. An organization using industrial explosives must have:

a/ A permit for mineral exploration and exploitation, for mineral enterprises; a permit for petroleum exploration and extraction, for petroleum enterprises; a construction contract-winning decision or a construction acceptance contract, or a document of authorization or assignment to perform the construction contract, made by the enterprise’s managing agency;

b/ Construction designs of construction work items or mining designs involving the use of industrial explosives, for industrial-scale works; construction or exploitation plans, for manual construction or exploitation activities or sweeping and removal of bombs, land mines and unexploded ordnance. The designs or plans approved by project owners must meet safety requirements prescribed in QCVN 04:2009/BCT or QCVN 05:2012/BLDTBXH or QCVN 01:2011/BCT or QCVN 18:2014/BXD and relevant construction standards and regulations;

c/ A blasting plan with contents as guided by the Minister of Industry and Trade.

3. Having warehouses, technologies, equipment, vehicles and tools serving the use of industrial explosives which satisfy requirements under current standards and technical regulations and provisions of Section 6 of this Decree; if having no storehouses and vehicles, there must be a written lease contract signed with an organization licensed to preserve and transport industrial explosives or a notarized copy of a principle contract signed with an organization licensed to trade in industrial explosives in order to deliver industrial explosives to construction sites according to blasting technical instructions.

4. Managers, commanders of blasting operation, blasting workers and employees involved in the use of industrial explosives must satisfy security and order requirements; possess professional qualifications corresponding to their working positions and duties, have been trained in safety techniques, fire prevention and fighting, and response to incidents in the use of industrial explosives. An organization using industrial explosives must have a decision issued by the enterprise’s leader on appointment of the blasting operation commander and a list of blasting workers and employees directly involved in the use of industrial explosives; and work permits of foreigners who participate in the use of industrial explosives (if any).

A blasting operation commander must have an appointment decision signed by a leader of the organization using industrial explosives and meet the following conditions: possessing an intermediate-level or higher diploma in mining and geology, or construction of traffic or irrigational works, or bullet weapons, or chemical technology in propellants and explosives, and having at least 1 year (if possessing a university or collegial degree, or 2 years (if having an intermediate-level diploma in techniques) of experience in the use of industrial explosives; if a blasting operation commander possesses an intermediate-level or higher diploma in other technical majors, he/she must have at least 2 years (if possessing a university or collegial degree) or 3 years (if having an intermediate-level diploma in techniques) of experience in the use of industrial explosive, and is required to attend a training course on blasting techniques and safety rules and regulations in the exploitation of minerals or petroleum or in the construction of works corresponding to the working field with the use of industrial explosives.

Blasting workers or employees performing jobs directly related to the use of industrial explosives must have been trained and possess professional qualifications corresponding to assigned positions and duties as required in Annex C to QCVN 02:2008/BCT.”

Article 15.To amend and supplement Clause 2, Article 26 of the Government’s Decree No. 39/2009/ND-CP of April 23, 2009, on industrial explosives

 “2. Satisfying all conditions prescribed in this Decree on the use, maintenance and transportation of industrial explosives. Having essential physical facilities, technical equipment and employees that are able to provide services for at least 5 service-hiring organizations.

Having filed a written application for a permit to provide blasting service with the provincial-level People’s Committee, for blasting services mentioned at Point a, Clause 1, Article 25 of this Decree.”

Chapter IV

FERTILIZERS

Article 16.To amend and supplement Point a, Clause 3, Article 8 of, and add  Article 8a to, the Government’s Decree No. 202/2013/ND-CP of November 27, 2013, on management of fertilizers

1. To amend and supplement Point a, Clause 3, Article 8 as follows:

“Article 8. Conditions for production of fertilizers

3. Requirements on employees

a/ Having at least one technician possessing a university or higher degree in chemistry, physics, biology, agronomy, cultivation, crop science or agrochemistry-pedology.”

2. To add Article 8a

“Article 8a. Conditions for production of inorganic fertilizers

The conditions for production of inorganic fertilizers prescribed at Points a, b, c and d, Clause 2, Article 8 shall be implemented as follows:

1. Production lines must be mechanized and ensure quality of produced fertilizers. Machinery and equipment for producing fertilizers must have clear and lawful origin. Machinery and equipment must satisfy strict requirements on safety, and testing and measuring devices shall be inspected, calibrated and adjusted under regulations.

2. Technological processes for production of each type of fertilizer must match production machinery, equipment and capacity.

3. Fertilizer production establishments must have testing laboratories that are capable of analyzing quality criteria specified in national technical regulations applicable to output products and quality criteria defined in technical standards applicable to input materials in order to control product quality.

An inorganic fertilizer production establishment that has no testing laboratory or has a testing laboratory which is incapable of analyzing all required quality criteria specified in national technical regulations must enter into a contract with a designated or accredited testing laboratory to control quality of produced fertilizers.

4. An organization or individual hiring another organization or individual to produce inorganic fertilizers must have a written contract on the hiring and meet all the conditions on subjects as prescribed in Clause 1, Article 8 of Decree No. 202/2013/ND-CP. An organization or individual that is hired to produce inorganic fertilizers must meet the conditions on subjects as prescribed in Clause 1, Article 8 of Decree No. 202/2013/ND-CP and requirements on physical foundations,  technical facilities and technical documents as prescribed in Clauses 1, 2 and 3 of this Article. An organization or individual that hires another one to produce inorganic fertilizers shall submit a dossier of application for a license to produce inorganic fertilizers under regulations of the Ministry of Industry and Trade.”

Article 17. To add Article 8b to the Government’s Decree No. 202/2013/ND-CP of November 27, 2013, on management of fertilizers

“Article 8b. Conditions for production of organic fertilizers and other types of fertilizer

The conditions for production of organic fertilizers and other types of fertilizer are prescribed at Points a, b, c and d, Clause 2, Article 8 in national technical regulations on conditions for production of organic fertilizers and other types of fertilizer. If such a national technical regulation is not available, the production of organic fertilizers and other types of fertilizer must comply with the following provisions:

1. Production capacity

Fertilizer production capacity must match production line, machinery, equipment and production technological process.

2. Production area

a/ Owning or leasing workshops and warehouses/storage yards for raw materials and warehouses for finished products with sufficient area matching the production capacity;

b/ Owning or leasing ground areas that meet the requirements on internal transportation, operation house, testing laboratory or other requirements as prescribed by law.

3. Warehouses for finished products and raw materials

a/ Owning warehouses or having a contract on leasing of warehouses whose area matches the production capacity or production plan;

b/ A warehouse must have firm roof and walls, non-absorbent floor and preservation equipment, except for warehouses of organic materials;

c/ Having internal rules of warehouses to ensure product quality and occupational safety.

4. Production machinery and equipment

a/ Having production lines, machinery and equipment from the processing of materials to the production of final products which are conformable with the production capacity and technological process. The phases and systems that require mechanized or automated machinery and equipment include: shoveling and mixing materials when producing root fertilizers; crushing and screening when producing solid or powder fertilizers; stirring and filtering when producing liquid fertilizers; conveyor belts; drying and granulating system for producing fertilizers in the form of grains or pellets, or drying system for powder fertilizers, when necessary; weighing and packaging system for finished products;

b/ In case of self-production of yeast strains to produce microbial organic fertilizers or microbial fertilizers, equipment for preparation of environment and culture of microorganisms include: technical balance, shaker, sterile autoclave, incubator, drier, peristaltic shaker, microwave oven, microbiological safety cabinet, refrigerator, fermenter or fermentation equipment for production of microbial fertilizers and microbial organic fertilizers;

c/ In case of self-fermentation for production of bio-organic fertilizers or bio-fertilizers, there must be a hydrolyzed fermentation equipment system from raw materials to finished products.

6. Production technological process

Having production technological processes for each type of fertilizer and suitable to production machinery, equipment and capacity.

7. Quality control

Having a certificate of quality control system according to TCVN ISO 9001:2008 or equivalent or higher standard. New establishments must obtain this certificate within one year from the date of establishment.

8. Raw materials and additives for production of fertilizers

a/ Having a list of input raw materials and additives corresponding to each type of produced fertilizer and suitable to the production technology;

b/ Raw materials and additives must have clear origin.

9. Testing laboratory

a/ Having a testing laboratory which is able to analyze quality criteria according to standards announced for application and to corresponding national technical regulations, or having a contract signed with a designated or an accredited testing laboratory to control quality of each produced batch of fertilizer;

b/ If having a testing laboratory for self-testing, having a certificate of periodical inspection and calibration of testing and measuring machinery and equipment.”

Article 18. To amend Clause 8, Article 15 of the Government’s Decree No. 202/2013/ND-CP of November 27, 2013, on management of fertilizers

“Article 15. Conditions for fertilizer trading

8. An organization or individual trading in inorganic fertilizers, organic fertilizers and other types of fertilizer at the same time must satisfy the trading conditions prescribed in this Article and those prescribed in Article 15a and Article 15b.”

Article 19.To add Article 15a to the Government’s Decree No. 202/2013/ND-CP of November 27, 2013, on management of fertilizers

“Article 15a. Conditions for trading in inorganic fertilizers

The conditions for trading in inorganic fertilizers prescribed in Clauses 2, 3, 4 and 5 of Article 15 are detailed as follows:

1. Stores or business locations where inorganic fertilizers are sold must have signboards and prices for each type of fertilizer displayed at easy-to-notice and easy-to-read places. Fertilizers displayed for sale shall be arranged separately, not be confused with other types of commodities, shall be stored in a dry place in order to preserve their quality and environmental sanitation conditions.

2. Packages, devices and equipment for containing, storing and                                                                           transporting fertilizers must ensure quality of fertilizers and environmental sanitation, and must not be leaked to spread fertilizers affecting the surrounding environment. Measures to dispose of expired fertilizer packages and empty bottles and expired fertilizers shall be taken.

3. Warehouses must meet requirements on buildinglocation and design suitable to the traded fertilizers, and requirements on environmental protection and fire and explosion prevention and fighting. In a warehouse, fertilizers shall be arranged separately and not be confused with other types of commodities.

4. Imported fertilizers must have labels and origin as prescribed by law, and a notice of results of state inspection of the quality of imported fertilizer shipments before they are circulated. Domestic fertilizers must have lawful invoices or documents proving their origin of production, importer or supplier. 

5. If a retail store of inorganic fertilizers has no warehouse, its devices and equipment for containing fertilizers must ensure quality of fertilizers, environmental sanitation and fire and explosion prevention and fighting conditions.”

Article 20.To add Article 15b to the Government’s Decree No. 202/2013/ND-CP of November 27, 2013, on management of fertilizers

“Article 15a. Conditions for trading in organic fertilizers and other types of fertilizer

Provisions of Clauses 2, 3, 4 and 5 of Article 15 on the conditions for trading inorganic fertilizers and other types of fertilizer are guided for implementation as follows:

1. Stores or business locations where organic fertilizers and other types of fertilizer are sold must have signboards and prices displayed at easy-to-notice and easy-to-see places. Organic fertilizers and other types of fertilizer displayed for sale shall be arranged separately, not be confused with other types of commodities, shall be stored in a dry place in order to preserve the quality of fertilizers and ensure environmental sanitation conditions.

2. Packages, devices and equipment for containing, storing and transporting fertilizers must ensure quality of fertilizers, and must not be leaked to spread fertilizers to the outside and affect the surrounding environment. Measures for dispose of expired fertilizer packages and empty bottles and expired organic fertilizers and other types of fertilizer shall be taken.

3. Having or leasing a warehouse for storing organic fertilizers and other types of fertilizer, which must meet requirements on building location and design suitable to the traded fertilizers, and requirements on environmental protection and fire and explosion prevention and fighting. In a warehouse, organic fertilizers or other types of fertilizer shall be arranged separately, not be confused with other types of commodities, or not be in direct exposure to rain, sunlight or wind, must ensure environmental sanitation and not be leaked or emit bad odor polluting the surrounding area.

4. If a retail store of organic fertilizers and other types of fertilizer has no warehouse, its devices and equipment for containing organic fertilizers and other types of fertilizer must ensure quality of fertilizers and environmental sanitation conditions.

5. Having lawful invoices or documents showing the origin of production, importer or supplier of each type of organic fertilizer and other types of fertilizer.”

Article 21. To add Clause 1a to Article 20 of the Government’s Decree No. 202/2013/ND-CP of November 27, 2013, on management of fertilizers

“Article 20. Fertilizer tests

1a. Organizations or individuals that fully meet the following conditions may carry out fertilizer tests:

a/ For a fertilizer testing establishment: having the function or task to carry out fertilizer tests or research stated in its establishment decision issued by a competent agency; regarding employees: having at least 3 technicians who are on the official payroll or work under contracts with a term of at least 1 year, possess a university or higher degree in agrochemistry-pedology, agronomy, cultivation, or in another relevant major such as chemistry, biology and environment, and have at least 2 years of experience in fertilizer test or research;

b/ For a fertilizer producer or importer that itself carries out fertilizer tests: having a license to produce fertilizers (for fertilizer producers) or an enterprise registration certificate or investment certificate or a business registration certificate (for establishments importing fertilizers for trading); regarding employees: as prescribed at Point a of this Clause.”

Chapter V

GAS TRADING

Article 22.To add Article 18a to the Government’s Decree No. 19/2016/ND-CP of March 22, 2016, on gas trading

“Article 18a. Conditions for grant of certificates of eligibility for LPG bottle inspection

1. An LPG bottle inspection station that meets the following conditions shall be granted a certificate of eligibility for LPG bottle inspection:

a/ Having the legal person status;

b/ Having all regulations on safety and the process of LPG bottle inspection approved by the station’s leader according to regulations;

c/ Having all necessary equipment to serve the inspection, specifically:

- Equipment for recovering residual LPG in bottles;

- Devices for measuring metal thickness, weld flaw ultrasonic detector;

- Equipment for assembling and disassembling bottle valves;

- Equipment for testing durability and tightness;

- Water remover;

- Equipment for checking the inside of bottle;

- Surface cleaning equipment;

- Scales;

- Stamping equipment;

- Vacuum suction equipment.

All types of equipment mentioned above must have technical specifications and output suitable to the testing capacity of the LPG bottle inspection station.

d/ Having sufficient employees to serve the inspection: Employees who directly carry out the inspection must have been trained in professional skills and safety in bottle inspection and granted with certificates thereof, and have at least 2 years’ working experience;

dd/ Having an approved fire prevention and fighting plan, and fire prevention and fighting equipment as prescribed.

2. The Ministry of Industry and Trade is the agency to grant certificates of eligibility for LPG bottle inspection.”

Article 23.To add Article 18b to the Government’s Decree No. 19/2016/ND-CP of March 22, 2016, on gas trading

“Article 18b. Conditions for grant of certificates of eligibility for manufacture and repair of LPG bottles

1. An establishment manufacturing and repairing LPG bottles may be granted a certificate of eligibility for manufacture and repair of LPG bottles if meeting the following requirements:

a/ Having the legal person status;

b/ Having regulations on safety, the LPG bottle manufacturing process and processes for quality control of manufactured products approved by the establishment’s head;

c/ Having testing equipment which meets requirements on control of safety and quality of manufactured LPG bottles, specifically:

- Pressure testing system: to be able to create a pressure of not less than 3 MPa;

- Gas tightness testing system;

- Non-destructive testing equipment: weld quality testing equipment and ultrasonic thickness gauges;

- Equipment for testing components and mechanical properties of materials used to manufacture LPG bottles;

- Scales;

- Tightening torque measuring equipment.

d/ Having sufficient testing equipment operators and welders who meet the following requirements:

- Testing equipment operators must have been trained in professional skills and safety techniques as prescribed;

- LPG bottle welders must possess a certificate of pressure equipment welding as prescribed.

dd/ Having an approved fire prevention and fighting plan, and fire preventing and fighting devices as prescribed.

2. The Ministry of Industry and Trade is the agency to grant certificates of eligibility for manufacture and repair of LPG bottles.”

Chapter VI

FOOD TRADING UNDER THE SPECIALIZED MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Section 1

GENERAL PROVISIONS

Article 24.Investment and trading conditions in the field of food safety under the management of the Ministry of Industry and Trade

1. Food production and trading establishments that are required to have a certificate of satisfaction of food safety conditions under the management of the Ministry of Industry and Trade must fully meet the following conditions:

a/ Possessing an enterprise registration certificate, a business household registration certificate or another paper of equivalent legal validity;

b/ Fully satisfying the conditions for ensuring food safety suitable to each type of food production or trading as prescribed in Sections 2, 3, 4, 5, 6 and 7, Chapter VI of this Decree.

2. Food production and trading establishments that are not required to possess a certificate of satisfaction of food safety conditions as prescribed in Clause 1, Article 12 of Decree No. 38/2012/ND-CP under the management of the Ministry of Industry and Trade, must satisfy the following conditions:

a/ Fully satisfying the conditions for ensuring food safety suitable to each type of food production and trading as prescribed in Section 8, Chapter VI of this Decree;

b/ Making a written commitment with a competent agency appointed by the provincial-level People’s Committee to manage food safety in the locality.

Article 25.Conditions for appointment of testing establishments and reference testing establishments for food safety under the state management of Ministry of Industry and Trade

1. Conditions for appointment of a food testing establishment:

a/ Being established under law or a task assignment decision of a competent agency;

b/ Having a quality management system conformable with national standard TCVN ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005;

c/ Having equipment and facilities that meet testing method requirements;

d/ Having at least two testers who are technicians possessing a university degree and having been trained in testing in the same field;

dd/ Having testing methods updated and certified in terms of their use value;

e/ Having testing criteria/methods complying with relevant regulations or technical regulations and other relevant requirements adopted by line ministries.

2. Conditions for appointment of a food reference testing establishment:

a/ Having been appointed by the Ministry of Industry and Trade under Clause 1 of this Article;

b/ Having a quality management system certified to be conformable with national standard TCVN ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005. Such certification of conformity must remain valid for at least 1 year from the date of submission of a dossier of application for registration of appointment;

c/ Having results of proficiency testing or interlaboratory comparison satisfying the requirements on reference testing criteria/methods.

Section 2

GENERAL FOOD SAFETY CONDITIONS ON FOOD PRODUCTION ESTABLISHMENTS

Article 26.Conditions on food production establishments

1. Location, environment:

a/ Having sufficient area for arranging the food production area and auxiliary areas and facilitating the food production, storage and transportation;

b/ There is no standing water in the food production and storage areas;

c/ Being not affected by harmful animals, insects and microorganisms;

d/  Being not affected by dust, toxic chemicals and other sources of pollution on food safety.

2. Workshop design and arrangement:

a/ Production workshops and auxiliary areas must have enough area for arranging equipment of the food production line and be suitable to the establishment’s design use;

b/ The food production process shall be arranged according to the one-way rule from input raw materials to finished products;

c/ The raw materials storage warehouse, finished products warehouse; preliminary processing, processing and packaging areas; toilets; protective clothing change rooms and relevant auxiliary areas shall be designed to be separate. Raw materials, finished foods, packing materials and waste shall be separately placed;

d/ Internal roads shall be constructed to ensure sanitation; the sewage system shall be closely covered to ensure sanitation;

dd/ The waste collection and disposal area must be outside the food production area and ensure sanitation.

3. Workshop structure:

a/ Workshops must have a firm structure suitable to the characteristics, scale and process of food production technology;

b/ Materials in direct contact with food must have a smooth surface, be non-absorbent, not release harmful substances into food, not be corroded by detergents and disinfectants, and be easy to clean and sterilize;

c/ Walls must be flat, light-colored, non-absorbent, crack-free, dirt-free and be easy to clean; ceilings must be flat, light-colored, leak-free, non-absorbent, crack-free, dirt-free, and easy to clean;

d/ Floors must be flat, smooth, load-bearing, non-slippery, well-drained, and be easy to clean;

dd/ Front doors and windows must be smooth, non-absorbent, tight, flat, easy to clean and capable of preventing the penetration of insects or domestic animals;

e/ Stairs, steps and shelves must be non-slippery, easy to clean, and located at places suitable to the production process.

4. Air ventilation system:

a/ Ensuring air ventilation for all areas of the production establishment and be suitable to the type of food production; being easy to maintain and clean;

b/ The air ventilation system must not blow the air from contamination-prone areas to area required to be clean.

5. Lighting system:

a/ Being constructed according to regulations to meet requirements on production, quality control and food safety;

b/ Lamps shall be safely covered by boxes or grids in order to prevent lamps from breaking and falling into food.

6. Water supply system:

a/ Ensuring sufficient clean water for food production conformable with regulations on the quality of water for domestic use;

b/ Ensuring sufficient clean water for cleaning equipment and tools and the production establishment conformable with regulations on the quality of water for domestic use;

c/ Water sources exploited, treated and used by the production establishment shall be inspected and must be conformable with regulations on the quality and sanitation; the inspection shall be carried out for at least one every 6 months.

7. Steam and compressed air:

a/ Steam and compressed air used for food production must be clean, safe, and must not contaminate food;

b/ Water used for food production shall be conducted in a separate pipeline system painted with a color different from that of the water pipeline system for steam production, chilling, firefighting or for other purposes.

8. Waste and garbage treatment system:

a/ Having sufficient waste and garbage-collecting equipment made of firm material, tightly covered and lockable (where necessary). Containers of hazardous waste must have a special design to be easily distinguishable from others, and may have locks to prevent contamination;

b/ The waste treatment system shall be operated constantly and the waste shall be disposed of up to prescribed standards on environmental sanitation.

9. Toilets and locker rooms:

a/ Toilets must be separated from the food production area; toilet doors shall not be opened into the food production area; there must be at least 1 toilet for every 25 persons;

b/ The air ventilation system shall be constructed so as not to blow the air from the toilets to the food production area; the drainage system must work well and ensure sanitation. The board “Wash your hands after using the toilet” shall be hung at a noticeable place in the toilet;

c/ There are rooms for changing protective clothing before and after working.

10. Food raw materials and food packages:

a/ Food raw materials, food additives, food processing aids and preservative substances used in food production must have clear origin and be safe as prescribed;

b/ Food packages must ensure safety; must not transfer contamination to the food and not be contaminated to affect food safety and quality.

Article 27. Conditions on equipment and instruments

1. Equipment and instruments in direct contact with food shall be designed and manufactured to satisfy production technology requirements; be safe and must not contaminate food, and be easy to clean, sterilize and maintain. Mobile production equipment and instruments must be durable, easy to move, assemble and disassemble, and clean.

2. Hand wash and disinfection facilities:

a/ Having adequate equipment for hand washing, disinfection of hands, boots and footwear before food production;

b/ Hand wash facilities must have sufficient clean water, liquid disinfectants, disposable towels or paper tissues or hand dryers;

c/ Food workshops must have sufficient handwash sinks for workers.

3. Food production equipment and instruments:

a/ Being sufficient and suitable for the processing of materials and processing and packing of food;

b/ Being made of non-toxic, corrosion-resistant, non-rusty materials which must not transfer contamination and cause strange odor to or modify food;

c/ Being easy to clean and maintain; and not contaminating food with lubricants and greases and metal scraps;

d/ Equipment and instruments of production lines must have proper cleaning and use or operational procedures.

4. Prevention and control of harmful insects and animals:

a/ Equipment and devices for preventing and controlling harmful insects and animals shall be made of stainless materials, easy to disassembly for cleaning, and be properly designed to effectively prevent and control harmful insects and animals;

b/ Drugs or animals may not be used to kill rats, harmful insects and animals in the food production area.

5. Monitoring and measuring equipment and instruments:

a/ Being adequate for monitoring the food quality and safety and able to assess basic food quality and safety criteria. Measuring equipment, devices and instruments must ensure accuracy in the course of use, and be inspected, calibrated and tested as prescribed by the law on measurement;

b/ Ensuring accuracy and being maintained and inspected periodically according to regulations.

6. Detergents and antiseptics:

a/ Only permitted detergents and antiseptics may be used according to regulations;

b/ Being contained in easily recognizable packages with use instructions, and being not placed in the food production area.

Article 28.Conditions on persons directly participating in the food production

1. An establishment’s owner and persons who directly participate in the food production must have a certificate of food safety knowledge granted under a training program regulated by the Ministry of Industry and Trade.

2. An establishment’s owner and persons who directly participate in the food production must satisfy health requirements when participating in the food production; for areas where a diarrhea epidemic breaks out as announced by a competent agency, persons directly participating in the food production shall take a stool culture and betested negative for pathogens causing this diarrhea epidemic and cholera, bacillary dysentery and typhoid; such testing shall be performed by a health establishment of district or equivalent or higher level. For food production establishments that are required to have a certificate of satisfaction of food safety conditions, their owners and persons directly participating in the food production must take medical checks and obtain a certificate of good health as prescribed.

3. Persons who suffer diseases or symptoms such as developed tuberculosis, acute diarrhea, cholera, dysentery, typhoid, acute hepatitis A or E, acute respiratory infection, or acute dermatitis or skin infection may not directly take part in the food production and processing.

4. Persons directly participating in the food production shall wear exclusive protective clothing and specialized hats, gloves and masks.

5. Persons directly participating in the food production shall strictly observe regulations on hygienic practices: keeping fingernails short and clean and wearing no rings, hand jewelry or watches; refraining from eating, drinking, smoking and spitting in the food production area.

Article 29.Conditions for food preservation in the course of food production

1. Raw materials, packages and finished food shall be preserved in separate storage areas or warehouses for each type and with suitable area.

2. Warehouses shall be designed to satisfy requirements on preservation and delivery and receipt of each type of food and raw material; must ensure safety, air ventilation, be easy to clean and prevent the penetration and inhabitation of harmful insects and animals.

3. The storage area or warehouse for food preservation must have sufficient name boards; internal rules, processes and regulations on sanitation; the storing storage and warehouse for raw materials and finished food requiring special preservation must have books to monitor temperature, humidity and other conditions.

4. Raw materials and food products shall be packed and preserved at positions at least 12 cm, 30 cm and 50 cm away from the floor, the wall and the ceiling, respectively.

5. Having equipment and devices for adjusting temperature, humidity, air ventilation and elements affecting food safety; having suitable specialized devices to monitor and control modes of preservation for each type of food or material as instructed by producers; being easy to maintain and clean.

6. Having adequate equipment and instruments to monitor temperature, humidity and elements affecting food safety throughout the course of food production.

7. Ice water used in the food preservation shall be produced from clean water sources according to technical regulations.

Section 3

GENERAL CONDITIONS ON FOOD SAFETY ON FOOD TRADING ESTABLISHMENTS

Article 30. Conditions on food trading establishments

1. Having sufficient area for arranging areas for displaying food for sale, storing and preserving food, and for facilitating the transportation of materials and food products.

2. Having no standing water.

3. Being not affected by harmful animals, insects and microorganisms.

4. Being not affected on food safety by dust, toxic chemicals and other sources of pollution.

5. The food sale area, toilets, protective clothing change rooms and other auxiliary areas shall be designed separately from one other and in conformity with requirements on each type of traded food. The toilet doors must not be opened into the food preservation area.

6. An establishment’s structure must suit the nature and trading scale of each type of traded food; and shall be constructed of materials that ensure sanitation and can prevent the penetration and inhabitation of harmful microorganisms, insects and animals.

7. The floor must be flat and smooth with solid, load-bearing and anti-corrosion surface; be non-slippery and well drained without standing water, and easy to clean.

8. Walls and ceilings must be flat, light-colored, made of durable and firm materials, be leak-free, non-absorbent, crack-free, mold-free, dry, and dirt-free.

9. Doors and windows must be smooth, flat and easy to clean. Protective nets shall be installed at necessary places to prevent the penetration of harmful insects or animals.

10. Lighting sources and luminous intensity must meet the food producer’s requirements on food preservation; lamps shall be protected by lampshades or protective nets.

11. The air ventilation system must meet food preservation requirements and ensure proper ventilation in all areas.

12. Having adequate waste and garbage containers made of firm materials, tightly covered, and cleaned on a regular basis.

13. Having adequate devices, soap and detergents in hand wash areas for cleaning and washing hands. The board “Wash your hands after using the toilet” shall be hung at a noticeable place.

14. Having sufficient clean water for cleaning equipment and tools and cleaning the establishment conformable with the technical regulation on quality of clean water for domestic use.

15. Keeping books or software for food safety management throughout the trading process. Ensuring that traded food and food materials have clear origin and be unexpired and safe as prescribed.

16. Having a cleaning process and diary developed by the establishment’s owner.

Article 31.Conditions on equipment and instruments

1. Having adequate equipment serving the food trading and preservation as required for each type of food and by the food producer (food display shelves and cabinets, equipment for adjusting temperature, humidity and air ventilation in food storage, sale and preservation areas); having regulations on the cleaning process and regime for the establishment.

2. Having adequate equipment for controlling temperature, humidity, air ventilation and elements affecting food safety in conformity with technical requirements for each type of food and those of food producers throughout the food trading process.

3. Equipment for preventing and controlling harmful insects and animals must be stainless, easy to disassemble for maintenance and cleaning, and must ensure effective operation in preventing and controlling harmful insects and animals. Drugs and animals may not be used to kill rats and insects in food sale and preservation areas.

4. Equipment and instruments for monitoring and measuring the food quality and safety must guarantee accuracy, and shall be maintained and inspected on a periodical basis under regulations.

Article 32.Conditions on persons directly selling food

1. An establishment’s owner and persons directly selling food must satisfy the conditions prescribed in Clauses 1, 2 and 3, Article 28 of this Decree.

2. Persons directly selling food shall wear exclusive protective clothing ensuring sanitation.

Article 33. Requirements on preservation and transportation of food in the course of food trading

1. In addition to the requirements set out in Article 29 of this Decree, the food preservation must meet the following food safety conditions:

The food preservation area shall be equipped with sufficient shelves made of firm and hygienic materials. Food shall be packed and preserved at positions at least 15 cm, 30 cm and 50 cm far away from the floor, the wall and the ceiling, respectively. Food shall be stacked in the warehouse in conformity with the stacking height instructed by the food producer.

2. Food safety conditions in the course of food transportation:

a/ Food containers shall be separated from the surrounding environment and must prevent the penetration of dust and insects, and be of appropriate sizes for transportation;

b/ Special-use transport equipment and instruments in direct contact with food during the transportation shall be made of materials that do not contaminate the food or food wrappings, and are easy to clean;

c/ Having adequate equipment for controlling temperature, humidity, air ventilation and elements affecting food safety in conformity with technical requirements for preserving each type of food and with the food producer’s requirements throughout the course of transportation;

d/ Having regulations on the regime for ensuring food safety during the transportation; maintaining and controlling the preservation regime as required throughout the course of transportation; having specific delivery and receipt procedures for food in need of special preservation;

dd/ Equipment and instruments shall be cleaned before, during, and after the transportation of food; food may not be transported together with commodities that are harmful or may cause cross-contamination affecting food safety and quality.

Section 4

FOOD SAFETY CONDITIONS ON PROCESSED MILK PRODUCTION ESTABLISHMENTS

Article 34.Food safety conditions on processed milk production establishments

1. The production site must meet the following requirements:

a/ Being located far from sources of pollution or hazards and being not affected by pollutants from the surrounding environment on the quality and safety of processed milk products;

b/ Having sufficient area for arranging the production line suitable to the establishment’s design capacity, ensuring that technological requirements are satisfied and industrial sanitation measures are taken in all production phases.

2. The workshop design must meet the following requirements:

a/ The production line shall be properly located in an area not affected by sources of pollution such as boiler, wastewater treatment station, solid waste collection site and toilet;

b/ The workshop shall be designed according to the one-way rule from input materials to final products being processed milk of all kinds;

c/ The raw material warehouse, supplies and package warehouse, finished product warehouse, production areas (material preparation; processing; filling, bottling and packaging and product finishing; clean-in-place system (CIP); mechanical and power system); chemical warehouse; solid waste site, wastewater collection and treatment system, and other auxiliary works shall be separated from one another to avoid cross-contamination;

d/ Internal roads shall be designed and built to ensure solidity, durability and suppression of dust; overhead walkways shall be installed with handrails or partitions which facilitate observation and ensure occupational safety;

dd/ The water drainage system (for wastewater generated from production and daily-life activities and rainwater) shall be designed and built separately, have covers and a suitable slope to ensure complete drainage.

3. The workshop structure must meet the following requirements:

a/ The ground of production areas must ensure easy water drainage and shall be built of durable, difficult-to-peel-off, non-slippery and easily cleanable materials. The water drainage system in production areas must have covers;

b/ Manholes and catch pits must have traps to prevent sewer odor and insects, and restrict the penetration of microorganisms from the sewer system into the workshop;

c/ Pipe systems shall be painted in different colors and must have distinguishable signs.

4. The air ventilation system must meet the following requirements:

a/ The workshop must have ventilation doors to facilitate air circulation and dissipation of heat and exhaust gas generated from production activities; in case of forced ventilation, air conditioning equipment must provide sufficient fresh air and facilitate air circulation;

b/ The area where the filling and bottling lines are installed must always be kept dry, well ventilated and clean.

5. The water supply and storage system must meet the following requirements:

a/ Ensuring sufficient water up to standards;

b/ Having a pump system, water treatment system, water tanks and pipe system which are always in good condition and periodically inspected to prevent backflow or blockage;

c/ The water supply system must be separate, have noticeable marks, and be easily cleanable so as to ensure safety of the clean water source and avoid contamination;

d/ Water storage, settlement and filtration tanks must fit the water treatment technology and shall be cleaned under regulations or when necessary;

dd/ Upon occurrence of an incident related to water quality, production shall be immediately stopped and products produced during the occurrence of the incident shall be isolated;

e/ Having standby electricity generators and water pumps so as to ensure uninterrupted production in case of power outage or water pump failures;

g/ After being treated up to standards applicable to milk production, water shall be stored and preserved so as to avoid being contaminated from water containers or other sources of pollution.

6. Steam, heat and compressed air supply systems must meet the following requirements:

a/ Steam boilers shall be designed and installed in places separated from production areas and periodically inspected under current regulations;

b/ Steam and compressed air pipe systems shall be designed and securely installed, marked in a way to be easily distinguished from other pipe systems, and periodically inspected under current regulations.

7. Waste, wastewater and exhaust gas collection and treatment systems must meet the following requirements:

a/ For solid waste

- Being collected and stored in suitable tanks or containers put in places convenient for waste collection and disposal without affecting the production process;

- Scrap containers shall be clearly labeled or marked for distinction from containers of raw materials, semi-finished products and finished products; be made of water- and corrosion-resistant materials; be tight and easy to clean (for reusable containers) or easy to destroy (for disposable containers);

- Being disposed of by organizations or individuals licensed to operate in the field of environmental treatment by competent state management agencies.

b/ For production and domestic wastewater

- Wastewater treatment areas shall be separated from production areas;

- Treatment capacity and technologies must correspond to the wastewater flow at the establishment’s peak capacity so as to ensure that treated wastewater is up to prescribed environmental standards;

- Untreated wastewater may not be directly discharged into the surrounding environment; water drains in production areas must run from clean to less clean areas and ensure complete drainage when the water flow stops;

- Catch pits must have lids; drains and catch pits in processing areas shall be cleaned at the end of each workday and periodically dredged under regulations.

c/ Exhaust gas from a production area and steam boilers shall be treated so as not to affect other production areas.

d/ For hazardous wastes

- Being collected, stored, transported and disposed of separately under current regulations;

- Being managed and disposed of by organizations and individuals licensed to operate in the field of environmental treatment by competent state management agencies.

8. The warehouse system must meet the following requirements:

a/ For raw materials and additives warehouses:

- Being separated from production areas;

- Raw materials and additives shall be placed in shelves or stands and kept away from direct sunlight;

- Satisfying temperature, moisture, storage duration and other storage conditions as instructed or required by producers;

- Packages of unused raw materials and additives shall be securely closed after each use and stored under regulations;

- Raw materials and additives stored in warehouses must have information on their names and expiry dates;

- For raw milk warehouses: Intermediary milk purchasing stations must have chilling systems and equipment, devices and chemicals to test the quality of raw milk, and shall keep samples of purchased milk; raw milk tanks must have a heat-insulating layer and an inner layer made of contamination-resistant material that can maintain a temperature of 4^oC-6^oC. The storage period of raw milk must not exceed 48 hours, counting from the time of milking to the time of processing. Immediately after being emptied, milk tanks shall be cleaned to be free of microorganisms and detergent residues under regulations;

- Being periodically maintained and cleaned according to the establishment’s regulations.

b/ For supplies, package and chemical warehouses

- Being separated from production areas;

- Supplies and packages shall be kept away from direct sunlight;

- Packages in direct contact with products shall be stored according to manufacturers’ regulations;

- The preservation duration and conditions must comply with manufacturers’ instructions or regulations;

- Being periodically maintained and cleaned according to the establishment’s regulations.

c/ For finished product warehouses

- Being separated from production areas and convenient for receipt and delivery of products;

- Always being kept at a certain temperature as required, being kept dry, clean and well ventilated; stored products shall be kept away from direct sunlight so as to avoid changes in their quality, appearance and safety;

- Having a separate space for keeping substandard quality products pending disposal;

- Being periodically maintained and cleaned according to the establishment’s regulations;

- Stored products must have information on their names, lot number, date of manufacture, manufacture shift and expiry date;

- For products which require cold preservation:

+ Being stored in a refrigerated warehouse with cold air constantly circulated to every product;

+ The refrigerated warehouse shall always be kept at a certain temperature as required for each type of product.

9. Production areas must meet the following requirements:

a/ Raw material preparation area

- Raw materials shall be arranged by type and put in shelves or stands;

- Flavorings shall be prepared separately so as to avoid cross-contamination;

- Measuring devices must operate accurately and properly;

- The raw material preparation area shall be regularly cleaned to prevent dust and standing water;

- Only responsible or authorized persons may enter the area to receive raw materials for production.

b/ Processing area

- Processing equipment shall be cleaned before use for each production cycle in a day;

- Rubbish shall be collected and put in plastic bags or bins with lids placed at designated places;

- Persons working in the material mixing or blending area who are in direct contact with products shall wear waterproof, durable, light-colored and food-safe gloves;

- The processing area shall be cleaned every day or after each production cycle of each type of product;

c/ Filling, bottling and packaging area

- The chambers where filling or bottling lines are located must be closed, aseptic and kept at 20^oC-28^oC with a positive air pressure relative to the outside;

- Filling and bottling equipment must be aseptic during the filling or bottling process;

- The inner surface of the pipes conducting products to filling or bottling equipment shall be disinfected under regulations;

- Filling and bottling equipment shall be cleaned every day or after each production cycle of each type of product;

- Only responsible or authorized persons may enter the area in order to avoid cross-contamination.

d/ Finished product area

- The area where milk products are packaged shall be cleaned before the packaging takes place and always be kept dry;

- Instruments and equipment for packing finished milk products (thin-film packaging machines, expiry date printers, carton filling conveyors) shall be thoroughly cleaned.

10. The internal transport system must ensure that processed milk products are not transported together with supplies, raw materials and chemicals that can cause cross-contamination affecting the quality and safety of the products. An establishment’s owner shall issue specific regulations (in writing) on vehicles for, and mode of, internal transportation of processed milk products as well as preservation conditions and food safety management during internal transportation.

11. The raw material and product quality control system must meet the following requirements:

a/ Quality control areas shall be located separately and conveniently for quality control in the production process; be equipped with essential machinery, equipment and instruments to measure and inspect basic quality criteria of major raw materials and finished products. The microorganism testing section must be aseptic and isolated from other testing sections;

b/ If having no quality control section, the establishment must have a contract with a qualified testing and analysis unit to control basic criteria of main raw material and finished products;

c/ Having a place for preserving samples and keeping dossiers of preserved samples. Complying with regulations on sample preservation and destruction applicable to each type of sample.

12. Management of records

a/ Having sufficient management records (contracts, invoices, documents, quality testing slips, dossiers of regulation conformity announcement or announcement of conformity with food safety regulations, and other relevant documents) for raw materials, auxiliary materials, food additives, processing aids, supplies, packages and chemicals to serve origin tracing and food safety and quality control;

b/ Having sufficient food safety management records as required (certificate of satisfaction of food safety conditions, document on receipt of the written regulation conformity announcement or written certification of the written announcement of conformity with food safety regulations) for processed milk products.

13. An establishment’s owner and persons directly participating in production or trading

An establishment’s owner and persons who directly produce food must satisfy the conditions specified in Article 28 of this Decree.

Article 35.Instruments, equipment and packages containing processed milk

1. Instruments and packages in direct contact with processed milk products must comply with the national technical regulations on safety and sanitation for packages and instruments in direct contact with food.

2. Machinery, equipment and utensils in contact with milk and raw materials shall be synchronously designed and manufactured, made of stainless materials, do not cause harms when being used for the intended purpose, and are easy to clean, disinfect and maintain, when necessary, so as to avoid contamination.

3. Equipment for heat treatment, cooling, chilling, and refrigerated storage of milk shall be designed in a way that can quickly reach and effectively maintain a certain temperature according to technical requirements; and must ensure monitoring and control of temperature as prescribed.

4. Air blown directly to products (if any) must be aseptic.

5. Having an alarming system to issue alerts when processing parameters (temperature, pressure) exceed permissible limits.

6. Waste and hazardous chemical containers shall be designed in a suitable and distinguishable manner to ensure safety, and be made of durable materials.

7. Production, processing and testing equipment and devices shall be periodically maintained and replaced when they are damaged or show signs of damage.

Testing and measuring devices and equipment subject to strict safety requirements shall be calibrated and inspected under regulations.

8. The repair and maintenance of instruments, equipment and machinery shall be conducted outside production areas or when production activities have stopped. In case of on-site repair or periodical maintenance of instruments, equipment and machinery, cleaning shall be carried out as soon as the repair or maintenance finishes.

9. Lubricant oils and greases used for instruments, equipment and machinery in direct contact with products must be those permitted for use in food production.

Section 5

FOOD SAFETY CONDITIONS ON BEER PRODUCTION ESTABLISHMENTS

Article 36. Conditions on beer production establishment

1. Production site

a/ Being built under the current master plan approved by a competent state agency;

b/ Being located far from sources of pollution or hazards and other pollutants in the surrounding environment which may affect the quality and safety of beer products;

c/ Having sufficient area for arranging production lines suitable to the establishment’s design capacity, ensuring that technological requirements are satisfied and industrial sanitation measures are taken in all production phases.

2. Workshop design and layout

a/ The arrangement of production lines must take into account wind directions so as to avoid adverse impacts of sources of pollution such as steam boiler, wastewater treatment facility, solid waste collection  site, toilet and other sources of pollution;

b/ Warehouses (of raw materials, auxiliary materials, processing and preservation aids); production areas (for material preliminary processing, cleaning and processing; malting, yeast propagation, fermentation, settlement, filtration and filling, bottling and product finishing); clean-in-place (CIP) systems; mechanical and power systems; solid waste collection sites and wastewater collection and treatment systems; and other auxiliary works shall be separated from one another to avoid cross-contamination;

c/ Internal roads shall be designed and built in a way that ensures solidity, durability and suppression of dust; overhead walkways shall be installed with handrails or partitions which facilitate observation and ensure occupational safety;

d/ Water drainage systems (for wastewater generated from daily-life and production activities and rainwater) shall be designed and built separately, have covers and a suitable slope to ensure complete drainage.

3. Workshop structure

a/ The area where materials are ground and crushed must neither generate dust to the surrounding environment nor affect other production phases;

b/ The mashing area shall be adequately lit and well ventilated so as to maintain a temperature under regulations;

c/ The yeast propagation area must ensure sanitation conditions and meet technological requirements and be easy to clean and disinfect.

d/ Fermentation area:

- The fermentation area’s floor shall be built of durable, non-slippery and difficult-to-peel-off materials, and have a suitable slope to ensure complete drainage;

- In case fermentation equipment is placed in a workshop, the ceiling and walls of the workshop must be non-absorbent, easy to clean, and anti-mold;

- In case yeast is propagated right in the production area, the yeast propagation area shall be designed in a way that can ensure asepsis, and equipped with a disinfection system; and the yeast propaganda equipment shall be controlled to ensure yeast quality;

- In case the yeast is produced outside the production area, there must be devices and equipment to ensure yeast safety and avoid contamination during the process of yeast delivery and receipt.

dd/ Filtration and filing or bottling area:

- Being located separately, ensuring asepsis and preventing the penetration of insects and cross-contamination from nearby sources of pollution;

- The floors of workshops shall be built of durable, non-slippery and difficult-to-peel-off materials and must ensure complete drainage. Water drainage systems must have covers.

4. Air ventilation system

- Workshops must have ventilation doors to ensure air circulation and facilitate dissipation of heat and exhaust gas generated from production activities;

- The area where materials are ground and crushed must have air ventilation and dust filtration systems to prevent pollution to other production phases;

- The mashing area shall be designed in a way that can ensure air ventilation, quick dissipation of heat, moisture and odor and maintenance of a temperature and occupational safety under regulations.

5. Production water supply system

a/ Supplying sufficient water up to standards;

b/ Having sufficient pump and water treatment systems, water tanks and water pipe systems which are always in good condition and periodically inspected to prevent backflow or blockage;

c/ Water supply pipelines must be separate, have noticeable signs, and be easy to clean so as to ensure safety of the clean water source and avoid contamination;

d/ Water storage, settlement and filtration tanks must fit the water treatment technology and shall be cleaned under regulations or when necessary;

dd/ Upon occurrence of an incident related to water quality, the production shall be immediately stopped and products produced during the occurrence of the incident shall be isolated;

e/ Having standby electricity generators and water pumps so as to ensure uninterrupted production in case of power outage or water pump failures;

g/ After being treated up to standards applicable to beer production, water shall be stored in separate tanks so as to avoid contamination with microorganisms or from other sources of pollution.

6. Steam, heat and compressed air supply systems

a/ Steam boilers shall be designed and installed in places separated from production areas and periodically inspected under current regulations;

b/ Steam and compressed air pipe systems shall be designed and made of suitable materials, securely installed, marked in a way to be easily distinguished from other pipe systems, and periodically inspected under current regulations.

7. Waste and wastewater collection and treatment systems

a/ For solid waste:

- Being collected in suitable tanks or containers put in places easy to notice and convenient for waste collection and treatment without affecting the production process;

- Scrap containers shall be clearly labeled or marked for distinction from containers of raw materials, semi-finished products and finished products; be made of water-proof and corrosion-resistant materials; be tight and easy to clean (for reusable containers) or easy to destroy (for disposable containers);

- Brewing grains shall be collected once every 48 or fewer hours;

- Reusable papers, labels, broken bottles, used or damaged bottle caps shall be collected, sorted at source and stored in distinguishable bags or bins according to the establishment’s regulations before being transported to disposal facilities;

- Solid wastes shall be treated by organizations or individuals licensed to operate in the field of environmental treatment by competent state management agencies.

b/ For production and domestic wastewater:

- Wastewater treatment areas shall be separated from production areas;

- Wastewater treatment capacity and technologies must suit the discharged flow at the establishment’s peak capacity so as to ensure that treated wastewater is up to prescribed environmental standards;

- Untreated wastewater may not be discharged into the surrounding environment; drains in production areas must run from clean to less clean areas and ensure complete drainage when the water flow stops;

- Catch pits must have lids; drains in production areas shall be cleaned at the end of each workday and regularly dredged under regulations;

- Beer production establishments located in an industrial park shall discharge wastewater into the park’s centralized water drainage system under current regulations on environmental management in industrial parks.

c/ Exhaust gas from a production area and steam boilers shall be treated so as not to affect other production areas.

d/ For hazardous wastes:

- Hazardous wastes shall be collected, stored, transported and disposed of separately under current regulations;

- Hazardous wastes shall be managed and disposed of by organizations and individuals licensed to operate in the field of environmental treatment by competent state management agencies.

8. Warehouse system

a/ General requirements on warehouses (of raw materials, food additives, processing aids, supplies, packaging and finished products):

- Having a storage capacity suitable to the design capacity of the production line;

- Being periodically maintained and cleaned according to the establishment’s regulations;

- Meeting preservation conditions according to producers’ instructions or regulations;

- Being capable of preventing the penetration of insects, rodents and other harmful elements;

- Having information for identifying each type of raw material, food additive, processing aid, supplies, package and finished product; having goods receipt and delivery records for each warehouse;

b/ Chemical warehouses must meet preservation requirements and conditions according to producers’ regulations and current regulations on chemical preservation.

c/ Finished product warehouses

In addition to the provisions of Clauses 2, 3, 4 and 5 of Article 29, finished product warehouses must meet the following conditions:

- Being kept at certain temperature and moisture levels according to technical requirements in the establishment’s regulations for each type of beer;

- Having sufficient information on product name, lot number, date of manufacture, manufacture shift and other information according to the establishment’s regulations;

- Having a separate space for keeping substandard quality products pending disposal.

9. Raw material and product quality control systems

a/ Quality control areas shall be located separately and conveniently for quality control during the production process; be equipped with essential machinery, equipment and instruments to measure and inspect basic quality criteria of major raw materials and finished products. The microorganism testing section must be aseptic and isolated from other testing sections;

b/ If having no quality control section, a beer production establishment shall sign a contract on the control of basic quality criteria of major raw materials and finished products with an inspection and analysis unit that has suitable professional capacity and qualifications;

c/ Having a place for preserving samples and keeping dossiers of preserved samples. Complying with regulations on sample preservation and destruction applicable to each type of sample.

10. Internal transportation

a/ An establishment’s owner shall issue specific regulations (in writing) on vehicles for and mode of internal transportation of beer products as well as preservation conditions and food safety management during internal transportation;

b/ Beer may not be transported together with supplies, raw materials and chemicals that may cause cross-contamination affecting the quality and safety of the products.

11. Management of records

a/ Keeping sufficient management records (contracts, invoices, documents, quality testing slips, dossiers for announcement of regulation conformity or announcement of conformity with food safety regulations, receipt of the written announcement of regulation conformity or written certification of the announcement of conformity with food safety regulations and other relevant documents) for raw materials, auxiliary materials, food additives, processing aids and packages to serve origin tracing and food safety and quality control;

b/ Keeping sufficient food safety management records under regulations (certificate of satisfaction of food safety conditions, receipt of the written announcement of regulation conformity or written certification of the announcement of conformity with food safety regulations and records of periodical testing results) for its beer products.

12. An establishment’s owner and persons who directly produce food must satisfy the conditions mentioned in Article 28 of this Decree.

Article 37.Conditions on equipment, instruments and packages

1. Instruments and packages storing beer must comply with the national technical regulations on safety and sanitation for packages and instruments in direct contact with food.

2. Containers of raw materials and finished products shall be made of materials which do not transfer contamination to products.

3. Grinding and crushing machines must be suitable to technologies applicable to each type of material and shall be thoroughly cleaned before and after use.

4. Mashing, malting and lautering equipment:

a/ Having sufficient safety valves in good condition and being periodically maintained and repaired so as to ensure safe operation under high pressure and temperature;

b/ Mashing coppers must ensure a heating rate within a duration of time suitable to applied technologies and design capacity and ensure even heating on their surface;

c/ Being cleaned with chemical detergents and disinfected according to the industrial cleaning process set out by the establishment’s owner. The lids of mashing coppers must have edges so as to prevent contamination of water used to clean the outer side of the equipment.

5. Beer filtration equipment shall be made of contamination-resistant materials and must be easy to install, clean and maintain; and must be tight so as to avoid loss of CO₂ and penetration of oxygen and microorganisms.

6. Fermentation tanks:

a/ The ends of hoses connecting yeast propagation devices shall be hung on a rack but may not be placed on the ground, and be sterilized before use;

b/ Being cleaned with chemical detergents and disinfected according to the  industrial cleaning process established by the establishment’s owner;

c/ Lids of fermentation tanks must have edges so as to avoid contamination of water used to clean the outer side of the tanks.

7. Deaeration and carbonation devices shall be made of stainless materials.

8. Filling or bottling equipment must be capable of filling exactly a set volume into a bottle so as to prevent frothing; and shall be cleaned and disinfected before use according to an established process.

9. Piping systems shall be cleaned with chemical detergents and disinfected according to the industrial cleaning process established by the establishment’s owner.

10. Vehicles for internal transportation (lift trucks) shall be thoroughly cleaned before, during and after use. Special-use vehicles made of materials which do not transfer contamination to beer products shall be used so as to ensure food safety.

11. Supporting equipment:

a/ Steam boilers, heating systems and steam supply systems shall be designed in a way to ensure food safety. Hot air and steam must not cause contamination to products;

b/ Measuring and testing equipment, and equipment subject to strict safety requirements shall be calibrated and inspected under current regulations.

12. Other regulations:

a/ Production equipment and devices shall be periodically maintained, inspected, repaired or replaced when they are damaged or show signs of damage;

b/ Scrap and hazardous chemical containers shall be designed in a distinguishable way and with a suitable structure, be made of durable materials and lockable in order to avoid contamination;

c/ The repair and maintenance of machinery shall be conducted outside production areas or when production activities have stopped. In case of on-site repair or periodical maintenance of machinery, equipment and surrounding areas shall be cleaned as soon as the repair or maintenance finishes;

d/ Lubricant oils and greases used for equipment and machinery in direct contact with products must be those permitted for use in food production.

Section 6

FOOD SAFETY CONDITIONS ON VEGETABLE OIL PRODUCTION ESTABLISHMENTS

Article 38.Conditions on vegetable oil production establishments

1. Production site

a/ Being built under the current master plan approved by a competent state agency;

b/ Being situated far from sources of pollution or hazards and other pollutants in the surrounding environment, which may affect the quality and safety of vegetable oil products;

c/ Having a sufficient area for arranging production lines suitable to the establishment’s design capacity, ensuring that technological requirements are satisfied and industrial sanitation measures are taken in all production phases.

2. Workshop layout and design

a/ The layout of production lines must take into account wind directions to avoid adverse impacts of solid waste, waste oil, toilets and other sources of pollution;

b/ The workshops shall be designed according to the one-way rule from input materials to final products being vegetable oil products;

c/ Warehouses (of raw materials, auxiliary materials, processing aids and product preservatives); production areas (preliminary processing, cleaning, drying, pressing, extraction, refining, filling or bottling and product finishing, clean-in-place (CIP), mechanical and power generation systems); solid waste collection sites, wastewater and waste oil collection systems; and other auxiliary works shall be separated from one another to avoid cross-contamination;

d/ Internal roads shall be designed and built in a way that ensures solidity, durability and suppression of dust; overhead walkways shall be installed with handrails or partitions which facilitate observation and ensure occupational safety;

dd/ The water drainage system (for wastewater generated from production and daily-life activities and rainwater) shall be designed and built separately, have covers and a suitable slope to ensure complete drainage.

3. Workshop structure

a/ The floor of production areas must ensure easy water drainage and shall be built of durable, difficult-to-peel-off, non-slippery and easily cleanable materials. Water drainage systems in production areas must have covers;

b/ Catch pits must have traps to prevent sewer odor and insects, and restrict the penetration of microorganisms from the sewer system into the workshop;

c/ Piping systems (pipes of vegetable oil, pipes for conducting and recovering solvents and cleaning equipment) shall be painted in different colors and with distinguishable signs.

4. Air ventilation system

a/ The workshops must have ventilation doors to ensure air circulation and easy dissipation of heat and exhaust gas generated from production activities in order to ensure temperature and occupational safety under regulations;

b/ The drying and extraction area must be well-ventilated to ensure suitable temperature and occupational safety under regulations;

c/ The raw material pressing area must have a dust collector and an appropriate ventilation system to prevent pollution to other production phases;

d/ The oil refining area shall be designed in a way that can ensure air ventilation and quick dissipation of heat and odor in order to ensure temperature, air quality and occupational safety under regulations;

dd/ The area where the filling line is installed shall always be kept dry, well ventilated and clean.

5. Steam, heat and compressed air supply systems

a/ Steam boilers shall be designed and installed in places separated from production areas and periodically inspected under current regulations;

b/ Steam and compressed air pipe systems shall be designed and securely installed, marked by signs or instructions in a way to be easily distinguished from other pipe systems, and periodically inspected under current regulations.

6. Waste, wastewater and exhaust gas collection and treatment systems

a/ For solid waste

- Waste oil, after pressing and extraction, shall be collected into a separate place with an area suitable to the design capacity of the production line, cleaned once every 48 or fewer hours to avoid cross-contamination in the production process;

- Papers, labels, empty bottles, cans, barrels, damaged caps and other solid waste generated during the production shall be collected and stored in suitable containers located in a noticeable position to facilitate the collection and treatment without affecting the production process;

- Waste generated in the auxiliary areas and domestic waste shall be collected, sorted out and taken to a separate area for disposal;

- Being disposed of by organizations or individuals licensed to operate in the field of environmental treatment by competent state management agencies.

b/ For production and domestic wastewater

- Production and domestic wastewater treatment areas shall be separated from the production area and located at the end of the wind direction;

- The wastewater treatment capacity and technologies must suit the discharged output at the establishment’s peak capacity so to ensure that treated wastewater is up to prescribed environmental standards.

c/ Exhaust gas from the production area and steam boilers shall be treated so as not to affect other production areas;

d/ For hazardous waste

- Being collected, stored, transported and disposed of separately under current regulations;

- Being managed and disposed of by organizations or individuals licensed to operate in the field of environmental treatment by competent state management agencies.

7. Warehouse system

a/ General requirements on warehouses (of raw materials, crude vegetable oils, food additives, processing aids, supplies, packages and finished products):

- Having a storage capacity suitable to the design capacity of the production line;

- Being periodically maintained and cleaned according to the establishment’s  regulations;

- Meeting preservation conditions according to producers’ instructions or regulations;

- Being capable of preventing the penetration of insects, rodents and other harmful elements;

- Having information for identifying each type of raw material and preservation of crude vegetable oil, food additives, processing aids, supplies, packages and finished products in the warehouses; having goods receipt and delivery records for each warehouse.

b/ Chemical warehouses must meet preservation requirements and conditions according to producers’ requirements and current regulations on chemical preservation;

c/ Finished product warehouses

In addition to Clauses 2, 3, 4 and 5 of Article 29, a finished product warehouse must meet the following conditions:

- Ensuring humidity and temperature suitable for each type of vegetable oil, keeping products away from direct sunlight;

- Have sufficient information about name of product, production batch, production date, production shift and other information according to the establishment’s regulations;

- Have a separate area for temporarily storing substandard products pending disposal.

8. Crude vegetable oil production area

a/ Raw materials shall be preserved in warehouses or silos to ensure their safety and quality;

b/ Chemicals used to preserve raw materials and produce vegetable oil must be on the list of chemicals permitted for use under current regulations and may not affect the quality and food safety of the product;

c/ The phase of cleaning and preliminarily processing raw materials

- Any raw material, before being put into production, shall be inspected for residues of pesticides, toxic molds and fungi, and heavy metals; only raw materials meeting quality and food safety requirements may be used for vegetable oil production;

- Any raw material, before being put into pressing and extraction, shall be completely removed of dirt, stone, sand, metals and other impurities.

d/ The phase of pressing, extraction and recovery of crude vegetable oil must ensure no contamination and cross-contamination with insects, dirt, waste oil and other sources of pollution, and ensure control of quality and residual solvents.

9. Finished vegetable oil production area

a/ The phase of vegetable oil refining must ensure removal of harmful substances dissolved in crude oil in order to ensure food safety and not to degenerate nutrients and quality of vegetable oil;

b/ The phase of vegetable oil filling or bottling

- The filling or bottling area shall be separated from other production areas; equipment shall be controlled before each production cycle or shift to ensure the equipment constantly works well;

- The filling or bottling process shall be observed by devices or humans to ensure the quantity, quality and food safety of the product.

c/ The phase of product finishing

- Finished vegetable oil shall be recorded and divided into lots by production shift or cycle. Each lot shall be inspected in terms of quality, organoleptic properties, packaging and labels before being put into or delivered from a warehouse to ensure food quality and safety before distribution and circulation on the market;

- Finished vegetable oil shall be stored at a temperature suitable to the characteristics of each kind of oil according to the producer’s regulations and kept away from direct sunlight.

10. Internal transportation

a/ An establishment’s owner shall issue specific regulations (in writing) for vehicles and mode of transportation of vegetable oil products, as well as preservation conditions and food safety management for products during internal transportation;

b/ Vegetable oil may not be transported together with supplies, raw materials and chemicals which might cause cross-contamination affecting the quality and safety of the products.

11. Raw material and product quality control systems

a/ The quality control area shall be situated separately and conveniently for quality control during the production process; be equipped with essential machinery, equipment and instruments to measure and inspect basic quality criteria of major raw materials and finished products. The microorganism testing section must be aseptic and isolated from other testing sections;

b/ If having no quality control section, an establishment must have a contract with a testing and analysis unit that has appropriate capacity and qualifications to control basic criteria of major raw materials and finished products;

c/ Having a place for sample storage and sample storage records, ensuring compliance with the regime of sample storage and destruction according to storage requirements of each sample.

12. Management of records

a/ Keeping sufficient management records (contracts, invoices, documents, quality testing slips, dossiers of announcement of regulation conformity or announcement of conformity with food safety regulations, and other relevant documents) for raw materials, auxiliary materials, food additives, processing aids, supplies, packages and chemicals to serve origin tracing and food safety and quality control;

b/ Having sufficient food safety management records under regulations (certificate of satisfaction of food safety conditions, receipt of the written announcement of regulation conformity or written certification of the written announcement of conformity with food safety regulations) for vegetable oil products produced at the establishment.

13. An establishment’s owner and persons who directly produce food must satisfy the conditions mentioned in Article 28 of this Decree.

Article 39. Conditions on instruments, equipment and packages containing vegetable oil

1. Instruments and packages containing vegetable oil must comply with the national regulations on safety and sanitation for packages and instruments in direct contact with food.

2. Neutralizer (free fatty acid separator) must be capable of controlling temperature and stirring speed to completely separate detergent residues for ensuring quality of vegetable oil under regulations.

3. Sedimentation equipment shall be appropriately designed and manufactured with sufficient capacity to control the sedimentation process of each product.

4. Filling or bottling and capping equipment shall be arranged in a way to prevent the penetration of alien objects or insects into the product.

5. Production equipment and instruments shall be periodically maintained, inspected, repaired or replaced upon detection of damage or any sign of damage.

6. Measuring and testing instruments or equipment subject to strict safety requirements shall be calibrated and inspected under regulations.

7. Having an alarming system to give off alerts when processing parameters (temperature, pressure) exceed permissible limits.

8. Containers of waste and toxic chemicals shall be designed in a special way for easy identification, appropriately structured and made of durable materials and be lockable to avoid contamination.

9. The machinery repair and maintenance shall be carried out outside the production area or when production activities have stopped. In case of on-site repair or periodical maintenance of machinery, equipment and surrounding area shall be cleaned as soon as the repair or maintenance finishes.

10. Lubricant oils and greases used for equipment and machinery in direct contact with the product must be those permitted for use in food production.

Section 7

FOOD SAFETY CONDITIONS ON SMALL-SCALE FOOD PRODUCTION ESTABLISHMENTS

Article 40.Food safety conditions on small-scale food production establishments

1. The food production area must have no standing water, not be polluted by dust or toxic chemicals, not be affected by harmful animals, insects or microorganisms, and be located at a safe distance from other sources of pollution.

2. The food production phases shall be arranged according to the one-way rule from input materials to final products.

3. The floor of the production area must be flat and smooth, well-drained without standing water, easy to clean, and non-slippery; the ceiling must be leak-free, non-absorbent, mold-free and dry.

4. An establishment’s owner and persons who directly produce food must satisfy the conditions mentioned in Article 28 of this Decree.

Article 41. Conditions on raw materials, food additives, processing aids and water used to produce and process food, and environmental protection

1. Raw materials for food production and processing must meet the following requirements:

a/ Having clear origin. Information concerning the purchase of raw materials shall be retained to serve the origin tracing;

b/ Being preserved according to preservation conditions, standards and instructions of suppliers;

c/ Being stored separately from commodities, chemicals and other devices which might cause cross-contamination or affect food safety.

2. Food additives and processing aids must be on the Ministry of Health-issued list of food additives and processing aids permitted for use.

3. An establishment must have sufficient clean water to serve the food production and processing in conformity with the national technical regulation on the quality of drinking water.

4. Solid waste and wastewater generated from the food production area must comply with regulations on environmental protection and local regulations.

Article 42.Food preservation and storage conditions

Food preservation and storage areas must meet the following requirements:

1. Maintaining the conditions on temperature, humidity, lighting, air ventilation and elements to ensure food safety according to producers’ regulations and requirements on food preservation.

2. Having measures and tools for preventing harmful insects and animals.

3. Food products may not be stored together with commodities, chemicals and other devices which may cause cross-contamination or affect food safety.

Article 43.Food transportation conditions

1. An establishment’s owner shall post at the establishment’s premises regulations on vehicles and mode of transportation of food products as well as preservation conditions and food safety management during the transportation within the production area.

2. Food products may not be transported together with supplies, raw materials or chemicals which may cause cross-contamination affecting the quality and safety of the products.

Section 8

FOOD SAFETY CONDITIONS ON SMALL-SCALE FOOD TRADING ESTABLISHMENTS

Article 44.Food safety conditions on food trading areas

1. A food trading establishment shall be located in an area which must have no standing water, and not be polluted by dust or toxic chemicals or other sources of pollution which affect food safety.

2. Being not affected by harmful animals, insects and microorganisms.

3. The floor must be well-drained without standing water, and easy to clean; the ceiling must be leak-free and non-absorbent.

4. A food trading establishment must have sufficient clean water to serve the food trading in conformity with the national technical regulation or local regulations on quality of water for domestic use.

5. Having equipment or measures to maintain the food safety conditions according to food producers’ regulations on food preservation; and storing information concerning the food trading to serve food origin tracing.

6. Collecting and disposing of waste in accordance with the law on environmental protection.

Article 45. Food safety conditions on warehouses

1. The storage area or warehouse for food preservation must maintain the conditions on temperature and humidity, lighting, air ventilation and elements that may affect food safety according to producers’ regulations on food preservation.

2. Having measures to prevent and control harmful insects and animals.

3. Food products may not be stored together with other commodities, chemicals and devices that may affect food safety.

Article 46.Conditions on establishments’ owners and persons directly selling food

1. An establishment’s owner and persons directly selling food must satisfy the conditions prescribed in Clause 1, Article 32 of this Decree.

2. Persons directly selling processed and unpacked food shall use personal protective equipment (gloves and masks).

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 47.Effect and implementation

1. This Decree takes effect on July 1, 2016.

2. This Decree annuls:

a/ Clause 4, Article 15 of the Government’s Decree No. 38/2014/ND-CP of May 6, 2014, on management of chemicals governed by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

b/ Point dd of Clause 2, and Clause 4, of Article 8, and Clause 7 of Article 15, of the Government’s Decree No. 202/2013/ND-CP of November 27, 2013, on management of fertilizers.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall guide and implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC