Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated April 09, 2014 of the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade allocation of tasks and cooperation among regulatory agencies in food safety management

THE MINISTRY OF HEALTH – THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT - THE MINISTRY OF INDUSTRY AND TRADE

Joint Circular No.13/2014/TTLT-BYT-BNNPTNT-BCT dated April 09, 2014 of the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade allocation of tasks and cooperation among regulatory agencies in food safety management

Pursuant to the Law of Food safety dated June 17, 2010;

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

Pursuant to the Government s Decree No. 63/2012/ND-CP dated August 31, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Government s Decree No. 199/2013/ND-CP dated November 26, 2013 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government s Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of the Director of Vietnam Food Administration - The Ministry of Health, the Director of National Agro - Forestry - Fisheries Quality Assurance Department - The Ministry of Agriculture and Rural Development, and the Director or Science and Technology Department - The Ministry of Industry and Trade;

The Minister of Health, the Minister of Agriculture and Rural development, and the Minister of Industry and Trade promulgates a Circular on allocation of tasks and cooperation among regulatory agencies in food safety management.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular deals with:

1. The allocation of tasks and cooperation among regulatory agencies in food safety management.

2. Cooperation in food safety inspection.

3. Validation of knowledge of food safety.

Article 2. Subjects of application

This Circular is applied to:

1. Regulatory agencies in charge of food safety.

2. The organizations and individuals (hereinafter referred to as entities) that manufacture and/or sell food within Vietnam’s territory.

3. Relevant entities.

Chapter 2.

ALLOCATION OF TASKS AND COOPERATION AMONG REGULATORY AGENCIES IN FOOD SAFETY MANAGEMENT

Article 3. Rules for allocation of tasks and cooperation among regulatory agencies in food safety management

1. Each product, each manufacturing facility or trading facility is under the management of only one regulatory agency.

2. Food safety management tasks of regulatory agencies shall be performed in accordance with the lists in the Appendices enclosed with this Circular.

3. If a facility manufactures multiple types of foods that are under the management of two Ministries or more, one of which is the Ministry of Health, it shall be under the management of the Ministry of Health.

4. If a facility manufactures multiple types of foods that are under the management of both the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade, it shall be under the management of the Ministry of Agriculture and Rural Development.

5. Facilities that sell multiple types of foods that are under the management of two Ministries or more (including markets and supermarkets) shall be under the management of the Ministry of Industry and Trade, except for wholesale markets for agricultural products, which are under the management of the Ministry of Agriculture and Rural Development.

6. The Ministry of Health shall manage the manufacturers of food containers and packages, except for integral containers and packages that are particularly used for food products under the management of the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade.

7. The Ministry of Health shall take charge and cooperate with the other parties in settling any issue that arises, or send a report to the Prime Minister if necessary.

Article 4. Responsibilities of regulatory agencies for management of food products, food manufacturers and food sellers

1. The Ministry of Health is responsible for food safety management with regard to the food products, manufacturers and sellers of the foods listed in Appendix 1 enclosed herewith and the cases in Clause 3 Article 3; the instruments and materials for wrapping and storing food specified in Clause 6 Article 3 of this Circular.

2. The Ministry of Agriculture and Rural Development is responsible for food safety management with regard to the food products, manufacturers and sellers of the foods listed in Appendix 2 enclosed herewith and the cases in Clause 4 Article 3 of this Circular.

3. The Ministry of Industry and Trade is responsible for food safety management with regard to the food products, manufacturers and sellers of the foods listed in Appendix 3 enclosed herewith and the cases in Clause 5 Article 3 of this Circular.

Chapter 3.

COOPERATION IN FOOD SAFETY INSPECTION

Article 5. Rules for cooperation in food safety inspection

1. Inspections must be carried out based on the functions, tasks, and entitlements of each Ministry.

2. The presiding agency and cooperating agency must be identified:

a) The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade shall carry out inspection of food safety according to their given tasks in the Law of Food safety, the Government s Decree No. 38/2012/ND-CP dated April 25, 2012, detailing the implementation of some articles of the Law of Food safety, and this Circular. Relevant Ministries are responsible for cooperation in food safety inspection at the request of the presiding agency or a competent authority.

b) During an interdisciplinary inspection, the Ministry of Health shall take charge and cooperate with the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, and forces concerned in organizing and allocating tasks.

3. The inspection must avoid repetition among different levels of authority, ensure a uniform inspection from central to local government. In case an inspection plan is repeated:

a) If the inspection plan of an inferior agency is similar to the inspection plan of a superior agency, the latter shall apply.

b) If the inspection plans of regulatory agencies at the same level are similar, they shall reach an agreement on establishment of an interdisciplinary inspectorate.

4. Regulations of law on principles, expertise, and confidentiality during inspection must be adhered to.

5. The agency that presides over the inspection must send written notifications of the inspection result to the cooperating agencies.

6. Information shall be exchanged between Ministries from planning, execution, to result notification.

7. The issues that arise during the cooperation shall be discussed and settled in accordance with law and requirements of relevant agencies. If a consensus on the issue settlement cannot be reach, a report shall be sent to the Interdisciplinary Food Safety Committee at the same level.

Article 6. Cooperation among central authorities in food safety inspection

1. When an interdisciplinary inspection is necessary, the Ministry of Health shall send a written notification to the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, and relevant agencies, requesting them to appoint their units to cooperate in the inspection.

The interdisciplinary inspection plan must specify the contents, location, the presiding agency, and cooperating agency.

2. At the end of an interdisciplinary inspection, every 6 month and every year, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, other Ministries and agencies that participated in the inspectorate shall send reports on results of food safety inspections relevant to their fields or given tasks to the Ministry of Health. The Ministry of Health shall aggregate the reports and send a summary report to Central Interdisciplinary Food Safety Committee and the Prime Minister.

Article 7. Cooperation between central authorities and local authorities in food safety inspection

1. Annually, the Ministry of Health shall take charge and cooperate with the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade  in formulating an interdisciplinary food safety inspection plan.

2. The presiding agency of the central interdisciplinary inspectorate must send written notifications to local Interdisciplinary Food Safety Committee and local food safety authorities for them to:

a) Dispatch officers to the inspectorate, provide information, other resources, and consider the proposals of the central inspectorate;

b) Actively carry out food safety inspection as prescribed or under the guidance of superior authorities.

Article 8. Cooperation among local authorities in interdisciplinary inspection of food safety

1. If an interdisciplinary inspection of food safety is necessary, the Service of Health shall advise the People’s Committee or the Interdisciplinary Food Safety Committee of the province on formulating a plan and implementing it after it is ratified.

2. At the request of the presiding agency, cooperating agencies must dispatch officers to the inspection.

3. At the end of an interdisciplinary inspection, every 6 month and every year, the Service of Agriculture and Rural Development, the Service of Industry and Trade, other Services and agencies that participated in the inspectorate shall send reports on results of food safety inspections relevant to their fields or given tasks to the Service of Health. The Service of Health shall send a summary report to Provincial Interdisciplinary Food Safety Committee and President of the People’s Committee of the province.

4. Statements and provision of information for the press must comply with regulations of law on statements and information provision.

Chapter 4.

KNOWLEDGE VALIDATION OF FOOD SAFETY

Article 9. Entitlement to validate knowledge of food safety

Vietnam Food Administration - The Ministry of Health, National Agro - Forestry - Fisheries Quality Assurance Department - The Ministry of Agriculture and Rural Development shall validate knowledge about food safety of central and local agencies under their management. The agency that issued the Certificate of food safety shall issue the Certificate of food safety knowledge validation to the same recipient.

The Department of Science and Technology - The Ministry of Industry and Trade shall advise the Minister of Industry and Trade on appointing the agencies and units specialized in the food industry to verify knowledge of food safety.

Article 10. Certificate of application of food safety knowledge validation

The facility owner and the person that directly works with food shall submit an application for the Certificate of food safety knowledge validation to the same recipient to the agency mentioned in Article 9 of this Circular, whether directly or by post.

Composition of an application:

1. If the applicant is an organization:

a) A written request for validation of knowledge of food safety (form 01a in Appendix 4 enclosed herewith);

b) A list of the applicants for validation of knowledge of food safety (form 01b in Appendix 4 enclosed herewith).

c) A copy of the Certificate of Business registration or Certificate of operation of the branch/representative office, or a Certificate of cooperative registration (bearing the seal of the tc0.

d) Receipts for fee payment in accordance with regulations of law on fees and charges.

2. If the applicant is an individual:

a) A written request for validation of knowledge of food safety (form 01a in Appendix 4 enclosed herewith);

b) A copy of the ID card;

c) Receipts for fee payment in accordance with regulations of law on fees and charges.

Article 11. Procedures for validation of knowledge of food safety

1. Within 10 working days from the day on which the satisfactory application is received, a plan for validation of knowledge of food safety shall be made and the applicant shall be notified of the time for validation of knowledge of food safety.

2. Knowledge of food safety shall be tested by the questions about food safety related to the applicant’s field.

3. The Certificate of food safety knowledge validation safety shall be issued to the applicants that correctly answer at least 80% of the questions about overall knowledge and at least 80% of the questions about professional knowledge. Within 30 working days from the examination date, the agency mentioned in Article 9 of this Circular shall issue Certificates. The template of the Certificate of food safety knowledge validation is provided in form 02a of Appendix 4 enclosed herewith.

Article 12. Management of Certificates of food safety knowledge validation

1. A Certificate of food safety knowledge validation is valid for 03 years from is date of issue.

2. Individuals that have had their food safety knowledge validated shall be recognized when they work at facilities that manufacture or sell corresponding products.

Article 13. Food safety knowledge and questions about food safety knowledge

1. Food safety knowledge includes overall knowledge and professional knowledge of food safety.

2. Overall knowledge of food safety include: regulations of law on food safety; threats to food safety; food safety conditions, methods of ensuring food safety; food safety practice.

3. Vietnam Food Administration - The Ministry of Health, National Agro - Forestry - Fisheries Quality Assurance Department - The Ministry of Agriculture and Rural Development, and Science and Technology Department - The Ministry of Industry and Trade shall compile and issue the documents mentioned in Clause 1 and Clause 2 of this Article, and the questions about food safety knowledge of each Ministry.

4. If some tasks are repeated, Vietnam Food Administration - The Ministry of Health shall take charge and cooperate with National Agro - Forestry - Fisheries Quality Assurance Department - The Ministry of Agriculture and Rural Development and Science and Technology Department - The Ministry of Industry and Trade in compiling documents and the questions.

Chapter 5.

IMPLEMENTATION ORGANIZATION

Article 14. Implementation effect

This Circular takes effect on May 26, 2014.

The regulations in the Circular No. 16/2005/TTLT-BYT-BCN dated May 20, 2005 of the Ministry of Health and the Ministry of Industry on allocation of tasks and cooperation among regulatory agencies in management of food safety and hygiene; the Circular No. 24/2005/TTLT/BYT-BTS dated December 08, 2005 of the Ministry of Health and the Ministry of Fisheries on allocation of tasks and cooperation among regulatory agencies in management of food safety and hygiene applied to aquaculture products; the Circular No. 01/2006/TTLT/BYT-BNN dated January 04, 2006 of the Ministry of Agriculture and Rural Development on allocation of tasks and cooperation in management of food safety and hygiene; and the Circular No. 18/2005/TTLT/BYT-BTM dated July 12, 2005 of the Ministry of Health and the Ministry of Trade on cooperation among regulatory agencies in management of food safety and hygiene are abrogated.

Article 15. Implementation organization

Vietnam Food Administration - The Ministry of Health, National Agro - Forestry - Fisheries Quality Assurance Department - The Ministry of Agriculture and Rural Development, and Science and Technology Department - The Ministry of Industry and Trade shall inspect and supervise the implementation of this Circular.

Any difficulty that arises during the implementation of this Circular should be reported to the Ministry of Health (Vietnam Food Administration), the Ministry of Agriculture and Rural Development (National Agro - Forestry - Fisheries Quality Assurance Department), or the Ministry of Industry and Trade (Science and Technology Department) for consideration./.

For the Minister of Industry and Trade

The Deputy Minister

Nguyen Cam Tu

For  the Minister of Agriculture and Rural Development

The Deputy Minister

Vu Van Tam

For the Minister of Health

The Deputy Minister

Nguyen Thanh Long

* All appendices are not translated herein.