Circular 31/2023/TT-BYT competence to revoke certificates of food safety eligibility

CIRCULAR

Prescribing the competence to revoke certificates of food safety eligibility under the management of the Ministry of Health^[1]

Pursuant to the June 17, 2010 Law No. 55/2010/QH12 on Food Safety;

Pursuant to the Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety;

Pursuant to the Government’s Decree No. 155/2018/ND-CP of November 12, 2018, amending and supplementing a number of provisions concerning business investment conditions under the state management of the Ministry of Health;

Pursuant to the Government’s Decree No. 95/2022/ND-CP of November 15, 2022, defining the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director General of the Vietnam Food Administration;

The Minister of Health promulgates the Circular prescribing the competence to revoke certificates of food safety eligibility under the management of the Ministry of Health.

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Circular prescribes the competence to revoke certificates of food safety eligibility under the management of the Ministry of Health

2. Subjects of application

This Circular applies to Vietnamese agencies, organizations and individuals and foreign organizations and individuals engaged in food production, trading and  import in Vietnam; state management agencies; and organizations and individuals carrying out food safety-related activities in Vietnam under the management of the Ministry of Health.

Article 2. Competence to revoke certificates of food safety eligibility

The certificate-issuing agencies may revoke the issued certificates of food safety eligibility.

Article 3. Grounds for revocation of certificates of food safety eligibility

1. The competent agencies specified in Article 2 of this Circular shall revoke certificates of food safety eligibility upon the inspection or upon receiving a request of inspection agencies, made according to Form No. 01 issued together with this Circular, if detecting that an establishment fails to meet the following conditions:

a/ Being not qualified for assuring food safety for food production, processing and trading suitable to each type of production prescribed in Articles 19, 20, 21, 22, 25, 26, 27, 28, 29 and 30 of the Law on Food Safety; specific provisions in Clause 2, Article 2 of the Government’s Decree No. 155/2018/ND-CP of November 12, 2018, amending and supplementing a number of provisions concerning business investment conditions under the state management of the Ministry of Health; Article 28 of  Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety, and other related laws.

b/ Not registering the content on food trading in its business registration certificate/enterprise registration certificate.

2. Within 5 (five) working days after receiving written requests for revocation of the certificates of food safety eligibility from inspection agencies, the competent agencies specified in Article 2 of this Circular shall issue decisions on revocation of the certificates of food safety eligibility, made according to Form No. 02 issued together with this Circular.

Article 4. Terms of reference

In case the legal documents referred in this Circular are amended, supplemented or replaced, the new documents shall prevail.

Article 5. Effect

This Decree takes effect on February 15, 2024.

Article 6. Organization of implementation

1. The Vietnam Food Administration shall assume the prime responsibility for, and coordinate with related units in, disseminating, guiding, and organizing the implementation of, this Circular.

2. Provincial-level Departments of Health and food safety management agencies shall organize the implementation of this Circular.

Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Health (the Vietnam Food Administration) for consideration and settlement.-

For the Minister of Health
Deputy Minister
DO XUAN TUYEN

* The Forms issued together with this Circular are not translated.