Decision 534/QD-TTg 2024 Improving enforcement efficiency of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS)

DECISION

Approving the Scheme on “Improving enforcement efficiency of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) of the World Trade Organization and the SPS commitment within the framework of Free Trade Agreements”

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THE PRIME MINISTER

Pursuant to the Law on Organization of Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

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

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

Pursuant to the Law on Plant Protection and Quarantine dated November 25, 2013;

Pursuant to the Law on Animal Health dated June 19, 2015;

Pursuant to the Law on Forestry dated November 15, 2017;

Pursuant to the Law on Fishery dated November 21, 2017;

Pursuant to the Law on Animal Husbandry dated November 19, 2018;

Pursuant to the Law on Crop Cultivation dated November 19, 2018;

Pursuant to the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization (SPS Agreement of the WTO), commitments on SPS in the SPS Chapter of Free Trade Agreements;

At the proposal of the Minister of Agriculture and Rural Development in Report No. 2779/TTr-BNN-CCPT dated April 16, 2024.

DECIDES:

Article 1. Approving the Scheme on "Improving enforcement efficiency of the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization (SPS Agreement of the WTO), commitments on SPS in the SPS Chapter of Free Trade Agreements" (Scheme enclosed to this Decision).

Article 2. This Decision takes effect from the date of signing.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities and relevant organizations and individuals shall be responsible for implementing this Decision.

SCHEME

Improving enforcement efficiency of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) of the World Trade Organization and the SPS commitment within the framework of Free Trade Agreements

(Enclosed with the Prime Minister’s Decision No. 534/QD-TTg

dated June 19 , 2024)

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I. VIEWPOINTS AND OBJECTIVES

1. Viewpoints

- Institutionalizing the Party's lines, the State's legal policies and guidelines on the fulfillment of obligations under the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) of the World Trade Organization (WTO) and Free Trade Agreements in international trade;

- Enhancing Vietnam's capacity to implement its obligations under the SPS Agreement of WTO and Free Trade Agreements in agricultural, forestry, fisheries and food trade to ensure harmonization of domestic and international regulations;

- Ensuring food safety, safety of agricultural, forestry and aquatic animal and plant diseases aiming for dual objectives: protecting human health and health of animal and plant in the territory of Vietnam, enhancing the people’s quality of life and increasing the value and competitiveness in the regional and international market.

2. Objectives of the Scheme

a) Overall objectives

Enhancing Vietnam's capacity to implement its obligations under the SPS Agreement of WTO and free trade agreements in international agricultural, forestry, fishery and food trade; enhancing the capacity of management, evaluation and testing to support enterprises to comply with SPS regulations in export and import markets; making the most of opportunities of investment by WTO members and expand export markets for Vietnam's agriculture, forestry, fisheries and food.

b) Objectives by 2025

- The rate of technical regulations on agricultural, forestry and fishery product quality and safety harmonizing with international standards reachs 70%;

- 100% of food safety and animal and plant quarantine officers at all levels are trained and updated annually on professional expertise;

- 80% of the commodities and corresponding key markets have a manual for compliance with SPS measures developed;

- 100% of localities consolidate the enquiry points on SPS regulations of the market;

- Completing the national portal on SPS, connecting and sharing information on SPS measures of the market between cooperatives, enterprises, groups, associations, management agencies at localities and the SPS system of Vietnam;

- Promptly handling concerns related to SPS measures.

c) Orientation to 2030

- The rate of national standards and national technical regulations on food quality and safety of agricultural, forestry and fishery products equivalent to international standards reaches 100%;

- Promoting the database to connect interactive information between cooperatives, enterprises, groups, associations, management agencies at localities and Vietnam's SPS system;

- 100% of food safety and animal and plant quarantine officers at all levels are retrained and have professional expertise updated annually.

II. TASKS AND SOLUTIONS

1. Tasks

a) Raising awareness for relevant subjects about SPS

- Raising awareness of food safety and animal and plant disease safety for entities participating in the production, processing, trading and consumption of products (managing officers, cooperatives, enterprises, associations, media agencies, farmers, distributors, consumers);

- Compiling professional documents guiding the response to SPS measures for each market group;

- Enhancing professional expertise and capacity to implement SPS for officials in charge of inspection, examination, testing, quarantine and related subjects;

- Developing a database, exploiting and sharing information on SPS measures by commodity group, by each market.

b) Continuing to improve the system of legal documents

- Continuing to improve the system of domestic legal documents, developing national standards (TCVN) and national technical regulations (QCVN) in harmony with international standards and recommendations (Codex Alimentarius Commission (Codex), World Organization for Animal Health (WOAH), International Plant Protection Convention (IPPC)) to effectively implement international commitments in the field of SPS of the WTO and bilateral and multilateral free trade agreements.

c) Strengthening capacity for risk analysis and assessment of food safety hazards, pests and epidemics

- Assessing the current status of human resources, managing officers, technicians, inspectors of food safety and animal and plant disease safety and the current status of technical infrastructure, laboratory systems, conformity assessment organizations of units under the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Industry and Trade and designated departments; assessing the level of standardization of Vietnam's regulatory system according to international standards and recommendations Codex, WOAH, IPPC and the equivalent level of inspections of Vietnam to meet SPS regulations of key markets;

- Developing SPS measures in line with commitments to protect human health and animal and plant health in the territory of Vietnam; contributing to the effective and safe management of imported food sources, agricultural, forestry and fishery products, etc.;

- Reviewing and supplementing activities to identify, warn, prevent and control pollutants and contaminants affecting human health and animal and plant health;

- Managing and controling sources of persistent pollutants and hazardous substances (including physical factors such as temperature, radiation) along the life cycle to ensure that the possibility of persistent pollutants entering the food chain is minimized;

- Analysing pest/disease risk to take measures to handle and minimize the impact of disease infestation and outbreak through the import of plant varieties, industrial plants, livestocks, microorganisms and biological products used in cultivation and animal husbandry.

d) Harmonizing with international standards for SPS

- Reviewing, amending, supplementing, announcing and disseminating national standards and technical regulations on food according to international standards, guidelines and recommendations (Codex Alimentarius Commission). Identifying resources to proactively participate in the technical regulations of the Codex Alimentarius Commission; developing and publishing national standards and national technical regulations on food of Vietnam that the Codex Alimentarius Commission does not provide regulations or does not meet the actual requirements of the market;

- Reviewing, amending, supplementing, announcing and disseminating regulations on (terrestrial and aquatic) animal quarantine in accordance with the regulations, guidelines and recommendations of the World Organization for Animal Health;

- Reviewing, amending, supplementing, announcing and disseminating regulations on plant quarantine in accordance with the regulations, guidelines and recommendations of the International Convention on Plant Protection.

dd) Inspection, examination, testing and certification

- Effectively applying information technology in declaration of dossiers and issuance of e-certificates;

- Strengthening coordination and connection between state management agencies to fully implement the obligation to transparentize SPS measures. Strengthening supervision mechanisms in the process of implementation, application of measures to ensure food safety, animal and plant disease safety;

- Promoting the traceability for exported agricultural products and food, applying the system of codes and barcodes to support the traceability and recall of products when the food safety, animal and plant disease safety is not ensured.

e) Mutual recognition of SPS

- Developing and promulgating processes and procedures for mutual assessment and recognition of SPS in accordance with technical regulations, technical guidelines, international recommendations and the SPS Committee of WTO;

- Negotiating and building mutual recognition agreements in the field of SPS, mutual recognition of the management and supervision system, mutual recognition of one SPS measure or multiple SPS measures, thereby promoting trade in agricultural food products between Vietnam and other countries;

- Negotiating and signing bilateral cooperation agreements on mutual recognition of management, supervision of food safety and animal and plant disease safety and certification for exported agricultural products and food products;

- Inspecting and supervising units and individuals producing, processing and exporting agricultural, forestry, fishery and food products domestically and importing them into Vietnam to ensure compliance with the requirements and regulations of the importing country as signed agreements.

g) Consolidation of Vietnam's SPS system

- Consolidating the organizational structure and functions and tasks of the SPS Vietnam;

- Enhancing the capacity for technical support points of SPS Vietnam in ministries and sectors;

- Developing SPS enquiry points and support local enterprises, cooperatives, groups and associations.

h) Science and Technology

- Performing scientific and technological tasks on scientific basis to build maximum residue levels (MRL);

- Performing scientific and technological tasks on risk analysis, assessment of the current situation and measures to control quarantine subjects;

- Performing scientific and technological tasks on pest control;

- Performing scientific and technological tasks to assess the impact on a number of new measures of WTO members to support enterprises to overcome barriers and own a scientific basis in case of trade disputes;

- Researching and assessing the impact of pollutants on human health; assessing and minimizing human health risks from exposure to toxic chemicals through food;

Overall plan for implementation of the Scheme, details of the presiding agency, coordinating agency, estimated implementation period (Appendix).

2. Solution

a) Solutions to raise awareness

- Strengthening the capacity and awareness of managing officers and management agencies on SPS issues through ensuring food safety, pest and disease control in trade relations to socio-economic development;

- Organizing training courses for agencies, organizations, industry associations and groups on the regulations of the import market, the importance of complying with regulations on SPS in opening the market;

- Improving the efficiency of SPS Vietnam Newsletter in the direction of timely providing SPS information to relevant subjects and adaptive solutions;

- Coordinating with industry associations and groups in disseminating SPS information of the market and organize guidance for members of groups, associations, organizations and individuals interested in meeting the regulations on SPS of the market;

- Developing a plan to disseminate information about SPS integrated with agricultural, forestry and fishery promotion programs, raise people's awareness in ensuring food safety for domestic and export needs;

- Researching and developing textbooks and including training contents on SPS in commerce and technical contents on SPS in specialized curricula;

- Organizing at least 200 training courses by 2030 (equivalent to about 20,000 people) in order to: train, disseminate and regularly update the SPS regulations of the market for related subjects: management agencies, cooperatives, enterprises, groups, associations, etc.

b) Solutions for the organization of Vietnam's SPS system

- Developing a scheme to consolidate the organizational structure and functions and tasks of the SPS Vietnam and submit it to the competent authorities for approval;

- Enhancing the capacity for technical support points of SPS Vietnam in ministries and sectors;

- Developing SPS enquiry points and supporting local enterprises, cooperatives, groups and associations;

- Developing a national portal on SPS, updating the database of draft notices and warnings and updating SPS measures for each industry and market.

c) Solutions on mechanisms and policies

- Improving the system of legal documents on food safety, veterinary, plant protection and quarantine, national standards and national technical regulations and related documents, ensuring harmony with international requirements in the field of SPS;

- Reviewing, amending, supplementing and formulating national standards and technical regulations related to food safety management and technical regulations in the field of veterinary medicine and plant protection in conformity with international and regional standards, adopting appropriate SPS measures to protect people's health, domestic agricultural production and animal and plant systems from dangers from unsafe food, infestation of pest and epidemics from imported agricultural products and food products;

- Formulating guidelines, mechanisms, policies, programs and plans in the long term to encourage the use of organic, clean and safe products; the planting, using and conservation of purebred, indigenous species, varieties and organic farming methods in order to protect the balance, ecological safety and sustainable development; mobilizing the participation of concern parties; controlling the use of seed sources, genetically modified products, substances harmful to human health, animal and plant health, ecosystems and the environment;

- Building the Regulation on coordination between the Ministry of Agriculture and Rural Development and the Ministry of Foreign Affairs in the field of SPS;

- Reviewing and amending the Regulation on organization and coordination of activities between the SPS Vietnam and technical support points at ministries and sectors to conform to the requirements of the SPS Agreement of the WTO and signed Free Trade Agreements;

- Formulating and promulgating a coordination mechanism between management agencies and relevant agencies, organizations and individuals in opening agricultural, forestry, fishery and food markets.

d) Resource solutions

- Mobilizing resources from international organizations, socialization resources from enterprises for training, testing, testing and other activities related to strengthening and improving the efficiency of SPS activities;

- Strengthening material foundations, equipment and training to improve the capacity of officials in charge of inspection, examination and testing of food safety, in the analysis and diagnosis of pests on animals and plants, technical staff at central laboratories and officials in charge of dynamic quarantine, plants at regional agencies;

- Strengthening the capacity of staff, investing in equipment for notification and inquiry works for SPS Vietnam Office and technical support points at ministries and sectors.

dd) Solutions to support enterprises, cooperatives, groups, associations

- Developing a digital database connecting the SPS information system to management agencies, enterprises, cooperatives, groups, associations and related subjects;

- Teaching and training to strengthen the capacity of enterprises, cooperatives, groups and associations on management and supervision in the stages of production, harvesting and processing of agricultural food products, packaging and labeling to ensure food safety to meet market regulations.

e) Emergency Measures Solutions

- Formulating a mechanism for announcing geographical zoning when determining the risks of food to become unsafe and epidemics and take emergency response measures to situations of unsafe food, outbreaks of pests and diseases in animals and plants for imported and exported agricultural food products;

- Formulating a mechanism for announcing geographical zoning when determining the risk of epidemics and take emergency response measures to situations of epidemics in humans and diseases transmitted from animals to humans.

g) Solutions for international cooperation

- Developing international cooperation solutions in formulating a mechanism for mutual recognition of SPS-related conformity assessment results;

- Promoting coordination and connection between Vietnam's state management agencies on SPS and relevant agencies of other countries in order to strengthen cooperation in the field of SPS.

h) Solutions for forecasting, inspection and supervision

- Strengthening monitoring, forecasting and early notification of the possibility of trading partners introducing new regulations on SPS;

- Strengthening inspection and supervision of the import, distribution, restriction and prohibition of harmful substances to human health, animals and plants, ecosystems and the environment, ensuring food safety;

- Developing scientific models applying technology to control harmful organisms;

- Applying science and technology in research to master technologies for monitoring, detecting and controlling the prevention, control and overcoming consequences of epidemics in imports, especially diseases at risk of transmission from animals to humans.

i) Solutions for information technology systems

Upgrading the National single window portal, Asean single window to ensure the connection and sharing of electronic data related to SPS (such as e-phyto, etc.) with other countries in the region and other trading partners in the world.

III. IMPLEMENTATION ORGANIZATION

1. The Ministry of Agriculture and Rural Development

The Ministry of Agriculture and Rural Development shall assume the prime responsibility for the implementation of the Scheme, including the following contents:

a) To assume the prime responsibility for, and coordinate with ministries, sectors and localities in, formulating plans for the implementation of the Scheme to ensure efficiency and timeliness.

b) To proactively integrate the objectives and tasks of the Scheme with other relevant programs and schemes (Strategy for sustainable agricultural and rural development in the 2021-2030 period, vision to 2050, Agricultural sector restructuring program, National target program on building a new countryside, etc.).

c) To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and relevant ministries and sectors in, reviewing regulations on management and conservation of biodiversity and protection of rare and precious species; ensuring sustainable development goals for agricultural products; participating in risk assessment of organisms under their responsibilities.

d) To assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and relevant units in, formulating national standards and national technical regulations; managing the organization and implementation of traceability; reviewing, developing, amending and supplementing regulations related to food safety and animal and plant disease safety in the fields under their management.

dd) To organize activities to raise awareness for relevant subjects, etc. propagating, disseminating, training and guiding contents related to the Scheme. To develop a database and connect information related to food safety and animal and plant disease safety between ministries, sectors and localities and relevant subjects.

e) To assume the prime responsibility for developing scientific models of technology application for pest control; developing models of safe agriculture, green agriculture, farming to reduce greenhouse gas emissions, organic agriculture, and sustainable agriculture; developing models linking value chains; developing models of communities participating in safe production.

g) To monitor, synthesize and report to the Prime Minister on the implementation of the Scheme; to propose adjustments and supplements to the contents of the Scheme if necessary; to organize the preliminary review and final review of the implementation of the Scheme.

2. The Ministry of Industry and Trade

a) To assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors in, participating in risk assessment of products under their responsibilities.

b) To assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and relevant units in formulating national standards and national technical regulations; managing the organization and implementation of traceability within the scope of management in accordance with law.

c) To direct the Trade Office and branches of the Vietnam Trade Office abroad to proactively study market information and regulations related to the import of agricultural products of the host country, periodically report, update information and give quick warnings; changes and adjustments to regulations related to SPS that affect the export and import of agricultural, fishery and food products to the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development in service of the direction and administration of agricultural production associated with the market.

d) To coordinate with the Ministry of Agriculture and Rural Development in propagating and disseminating relevant contents of the Scheme.

3. The Ministry of Health

a) To assume the prime responsibility for, and coordinate with relevant ministries and sectors in, reviewing, developing, amending and supplementing regulations related to food safety. To review, amend and publish food standards in accordance with international standards, guidelines and recommendations (Codex Alimentarius Commission) under the scope of management in accordance with law.

b) To assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and relevant units in, formulating national standards and national technical regulations; managing the organization and implementation of traceability under their management in accordance with law.

c) To assess the current status of human resources, managing officers, technicians, inspectors and the current status of technical infrastructure and laboratory systems of units of state management agencies under their management in accordance with law.

d) To train and improve the capacity of officials in charge of food safety inspection, examination and testing.

dd) To coordinate with the Ministry of Agriculture and Rural Development in propagating and disseminating relevant contents of the Scheme under its management.

4. The Ministry of Natural Resources and Environment

a) To improve the system of documents on environmental protection associated with food safety and to organize the implementation of the contents specified in Article 61 of the Law on Environmental Protection.

b) To strengthen the management and control of environmental quality (water, soil, etc.) and sources of pollution that have an impact on the production, processing, preservation and consumption of food, to pay special attention to sources of persistent pollutants, especially persistent organic pollutant (POP) on humans and the environment.

c) To coordinate with the Ministry of Agriculture and Rural Development in propagating and disseminating relevant contents of the Scheme under its management in accordance with law.

5. The Ministry of Science and Technology

a) To assume the prime responsibility for, and coordinate with the Ministry of Health and the Ministry of Agriculture and Rural Development in, performing national-level scientific and technological tasks on scientific bases in order to formulate the maximum residue levels; analysing risks, developing a system of scientific and technological solutions to control quarantine subjects; researching and assessing the impact of pollutants on human health; assessing and mitigating human health risks due to exposure to toxic chemicals through food; assessing the impact on a number of new measures of WTO members to support enterprises to overcome barriers and own a scientific basis in case of trade disputes.

b) To improve the system of legal documents on national standards, national technical regulations, product quality, goods, product labels, codes, barcodes and traceability; to guide and coordinate with line ministries in the building, announcement and promulgation of national standards and national technical regulations, quality management, conformity assessment activities, code and barcode activities and traceability.

c) To coordinate in developing scientific models applying technology to control harmful organisms; to develop models of safe agriculture, green agriculture, farming to reduce greenhouse gas emissions, organic agriculture, and sustainable agriculture; to develop models linking value chains; to develop models of communities participating in safe production.

6. The Ministry of Finance

a) Based on the balancing capacity of the central budget, on the basis of proposals of the Ministry of Agriculture and Rural Development and relevant ministries and sectors, to summarize and arrange in the annual regular expenditure estimates of the central budget, to submit them to competent authorities for consideration and decision on balancing and allocating funds in accordance with the Law on the State Budget and guiding documents for the implementation of the Scheme.

b) To inspect the compliance with SPS regulations and commitments when goods are imported and exported according to regulations; to recognize and solve problems of enterprises when complying with and meeting management regulations on SPS.

7. The Ministry of Information and Communications

a) To cordinate with the Ministry of Agriculture and Rural Development in propagating and disseminating relevant contents of the Scheme.

b) To guide the Ministry of Agriculture and Rural Development to develop standards for connecting data and information related to food safety and animal and plant disease safety between ministries, sectors and localities and relevant subjects.

8. The Ministry of Foreign Affairs

a) To cordinate with the Ministry of Agriculture and Rural Development in implementing relevant tasks under the Scheme.

b) To participate in promoting cooperation with partners in the field of SPS, to develop regulations on coordination and direct Vietnamese Representative Missions abroad to support localities and domestic enterprises to study information about the market and regulations related to SPS.

9. People's Committees of provinces and centrally-run cities

a) To cordinate with the Ministry of Agriculture and Rural Development in implementing relevant tasks under the Scheme.

b) To direct the Departments of Agriculture and Rural Development to assume the prime responsibility for, and coordinate with relevant departments, departments and units in advising on building a plan for the implementation of the Scheme on food safety management, disease surveillance in cultivation and animal husbandry in service of domestic consumption and export demand.

c) To allocate funds for the implementation of tasks of the Scheme presided over by localities in accordance with the Law on the State Budget and guiding documents.

d) To direct departments, sectors and relevant units in the area to implement the relevant contents of the Scheme and organize activities of propagation, dissemination, training and guidance of relevant contents of the Scheme to cooperatives and enterprises, groups, associations and relevant subjects.

10. Political and social organizations

a) To proactively coordinate with the Ministry of Agriculture and Rural Development in propagating to relevant subjects the contents of the Scheme.

b) To participate in developing models to raise public awareness of food safety and animal and plant disease safety in the production and trading of agricultural products.

11. The Vietnam Chamber of Commerce and Industry, groups, industry associations, enterprises, establishments producing, processing, trading in, importing or exporting agricultural, forestry and fishery products

a) To proactively coordinate with the Ministry of Agriculture and Rural Development in propagating to members of associations, groups and enterprises about the contents of the Scheme.

b) To formulate a mechanism for sharing information of members of groups, associations and enterprises on contents related to food safety and animal and plant disease safety.

IV. IMPLEMENTATION FUNDING

1. State budget sources: Including recurrent expenditures; annual development investment expenditures of ministries, sectors and localities according to the current state budget decentralization: shall be managed and implemented in accordance with the Law on the State Budget, the Law on Public Investment and relevant laws.

2. Socialization sources and other lawful sources: Funding sources from domestic and foreign enterprises, organizations and individuals; funding sources integrated in approved relevant programs and schemes and other lawful sources: shall comply with laws for each capital source.

APPENDIX

OVERALL PLAN FOR IMPLEMENTATION OF THE SCHEME “IMPROVING ENFORCEMENT EFFICIENCY OF THE AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES (SPS) OF THE WORLD TRADE ORGANIZATION AND THE SPS COMMITMENT WITHIN THE FRAMEWORK OF FREE TRADE AGREEMENTS”

(Enclosed with the Prime Minister’s Decision No. 534/QD-TTg

dated June 19, 2024)

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