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

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ATTRIBUTE

Circular No. 31/2023/TT-BYT dated December 30, 2023 of the Ministry of Health on competence to revoke certificates of food safety eligibility under the Ministry of Health's management
Issuing body: Ministry of HealthEffective date:
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Official number:31/2023/TT-BYTSigner:Do Xuan Tuyen
Type:CircularExpiry date:Updating
Issuing date:30/12/2023Effect status:
Known

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Fields:Food and drug , Medical - Health

SUMMARY

Competence to revoke certificates of food safety eligibility

On December 30, 2023, the Ministry of Health issues Circular No. 31/2023/TT-BYT on competence to revoke certificates of food safety eligibility under the Ministry of Health's management. Specifically:

1. Agencies that grant certificates of food safety eligibility are competent to revoke the granted certificates of food safety eligibility.

2. Competent agencies shall revoke certificates of food safety eligibility when conducting inspection and examination, or revoke such certificates at requests of inspection and examination bodies upon detecting establishments failing to fully satisfy the following conditions:

- Having adequate conditions for assuring food safety for food production, processing and trading suitable to each type of production as prescribed in Articles 19, 20, 21, 22, 25, 26, 27, 28, 29 and 30 of the Law on Food Safety; etc.

- Having registered for food production and trading as indicated in its business registration certificates/enterprise registration certificates.

3. Within 5 (five) working days from the date of receipt of the written request for revocation of certificates of food safety eligibility from agencies conducting inspection and examination, competent agencies shall issue decisions on revocation of certificates of food safety eligibility of the establishments.

This Circular takes effect from February 15, 2024.
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Effect status: Known

THE MINISTRY OF HEALTH
____

No. 31/2023/TT-BYT

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

_____________________

Hanoi, December 30, 2023

CIRCULAR

On competence to revoke certificates of food safety eligibility under the Ministry of Health's management

___________

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

Pursuant to the Government's Decree No. 15/2018/ND-CP dated February 02, 2018, detailing a number of articles of the Law on Food Safety;

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

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

At the proposal of the Director of Vietnam Food Administration;

The Minister of Health hereby promulgates the Circular on competence to revoke certificates of food safety eligibility under the Ministry of Health's management.

 

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Circular stipulates the competence to revoke certificates of food safety eligibility under the Ministry of Health's management.

2. Subjects of application

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

Article 2. Competence to revoke certificates of food safety eligibility

Agencies that grant certificates of food safety eligibility are competent to revoke the granted certificates of food safety eligibility.

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

1. Competent agencies specified in Article 2 of this Circular shall revoke certificates of food safety eligibility when conducting inspection and examination, or revoke such certificates at requests of inspection and examination bodies, which are made according to Form No. 01 to this Circular, upon detecting establishments failing to fully satisfy the following conditions:

a) Having adequate conditions for assuring food safety for food production, processing and trading suitable to each type of production as prescribed in Articles 19, 20, 21, 22, 25, 26, 27, 28, 29 and 30 of the Law on Food Safety; specific provisions of Clause 2 Article 2 of the Government’s Decree No. 155/2018/ND-CP dated November 12, 2018, on amendments to some articles related to business conditions under state management of the Ministry of Health; Article 28 of the Government's Decree No. 15/2018/ND-CP dated February 2, 2018, detailing a number of articles of the Law on Food Safety, and other relevant laws;

b) Having registered for food production and trading as indicated in its business registration certificates/enterprise registration certificates.

2. Within 5 (five) working days from the date of receipt of the written request for revocation of certificates of food safety eligibility from agencies conducting inspection and examination, competent agencies specified in Article 2 of this Circular shall issue decisions on revocation of certificates of food safety eligibility of the establishments, using Form No. 02 to this Circular.

Article 4. Reference provisions

In the cases where any of the legislative documents referred to in this Circular is amended, supplemented or replaced, the newest one shall prevail.

Article 5. Effect

This Circular takes effect from February 15, 2024.

Article 6. Implementation organization

1. The Vietnam Food Safety Authority shall assume prime responsibility for, and coordinate with relevant units in, disseminating, guiding and implementing this Circular.

2. Provincial-level Health Departments, and food safety management agencies of provinces and centrally-run cities shall organize the implementation.

Any difficulties arising in the course of implementation should be reported to the Ministry of Health (the Vietnam Food Safety Authority) for consideration and settlement.

 

 

FOR THE MINISTER
THE DEPUTY MINISTER


Do Xuan Tuyen

 

* All Appendices are not translated herein.

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