GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM

------- Independence - Freedom - Happiness

---------------

No : 15/ 2018 /ND-CP Hanoi, February 2, 2018

DECREE
DETAILS IMPLEMENTATION OF SOME ARTICLES OF THE FOOD SAFETY LAW
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 1 , 7 2010 Law on Food Safety;
At the proposal of the Minister of Health;
The Government promulgates a Decree detailing the implementation of a number of articles of the Law on Food
Safety.
Chapter I
GENERAL RULES
Article 1. Scope
This Decree details the implementation of a number of articles of the Law on Food Safety regarding:
1. Procedures for self- declaration of products.
2. Procedures for registration of product announcements.
3. Ensuring safety of genetically modified foods.
4. Issuance of certificates of establishments meeting food safety conditions.
5. State inspection of imported and exported food safety.
6. Food labeling.
7. Food advertising.
8. Food safety assurance conditions in the production of health-protective foods.
9. Conditions for ensuring food safety in the production, trading and use of food additives.
10. Food traceability.
11. Assign responsibility for state management of food safety.
Article 2. Subjects of application
This Decree applies to Vietnamese agencies, organizations and individuals; foreign organizations and individuals in
Vietnam engaged in food production and trading; organizations and individuals having activities related to food safety
in Vietnam (hereinafter collectively referred to as organizations and individuals).
Article 3. Interpretation of terms
In this Decree, the following terms are construed as follows:
1. Health supplements (Health Supplement, Dietary Supplement) are products used to supplement the daily diet in
order to maintain, enhance and improve the body's functions. humans, reducing the risk of disease. Health foods
contain one or more substances or a mixture of the following substances:
a) Vitamins, minerals, amino acids, fatty acids, enzymes, probiotics and other biologically active substances;
b) Substances of natural origin, including animals, minerals and plants in the form of extracts, isolates, concentrates
and transformations ;
c) Synthetic sources of ingredients mentioned at points a and b above.
Health foods are presented in processed form such as capsules, complete tablets, tablets, granular preparations,
powders, liquids and other dosage forms and are dosed (for use) into units. small dose.
2 . Medical nutrition food, also known as nutritional food for special medical purposes (Food for Special Medical
Purposes, Medical Food) is a type of food that can be eaten by mouth or by inhaler, indicated to adjust the patient's
diet and should only be used under the supervision of medical personnel.
3. Food for Special Dietary Uses (Food for Special Dietary Uses) for dieters, the elderly and other special subjects
according to the regulations of the International Committee for Food Standards (CODEX) are those foods that are
specially formulated or mixed to meet the specific dietary requirements of the user's body or medical condition and
disorders. The composition of this food must be markedly different from the composition of ordinary foods of the
same nature, if any.
4. Scientific evidence means scientific information and documents from scientific research works that are accepted by
competent state management agencies in charge of scientific research or approved by domestic or foreign scientific
journals. published by the country or documents on traditional medicine, medicinal plants and herbs are published in
scientific publications.
5. Goods owner means an organization or individual responsible for goods in the product announcement/self-
declaration documents or an authorized organization or individual to import or export food products.
6. Imported and exported goods are food products of the same type, with the same name, label, goods manufacturer,
and packaging material .
7. Export or import consignment means all food products of an import or export consignment (with the same bill of
lading number). The shipment can contain only one item or multiple items.
8. Small initial production establishment means an establishment that cultivates, breeds, collects, catches and
exploits food ingredients on a household or individual scale with or without a certificate of registration. business
registration.
9. Small and small preliminary processing establishment means a food pre-processing establishment on a household
or individual scale with or without an enterprise registration certificate.
10. Small food business establishment means an establishment that is registered as a business household by an
individual, group of individuals or household and is not granted a Business Registration Certificate or a Certificate of
Registration. enterprise or investment certificate as prescribed by law.
chapter II
PROCEDURES FOR SELF-DISCLOSURE OF PRODUCTS
Article 4. Self-declaration of products
1. Food production and trading organizations and individuals shall self-declare pre-packaged processed foods, food
additives, food processing aids, food containers, and materials. packaging materials in direct contact with food
(hereinafter collectively referred to as products) except for products specified in Clause 2 of this Article and Article 6
of this Decree.
2. Products and raw materials for production or import that are only used for the production or processing of goods for
export or for the internal production of organizations or individuals that are not consumed in the domestic market are
exempt from implementation. product self-declaration procedures.
Article 5. Dossier and order of product announcement
1 . Dossier of self-declaration of products includes:
a) A self-declaration of the product, made according to Form No. 01, Appendix I issued together with this Decree;
b) The certificate of results of food safety testing of the product within 12 months from the date of application is issued
by a designated testing laboratory or an accredited testing laboratory in accordance with ISO 17025 including the
following procedures: Safety criteria promulgated by the Ministry of Health according to the principles of risk
management in accordance with international regulations or safety criteria according to relevant regulations and
standards announced by organizations and individuals in in case there is no regulation of the Ministry of Health
(original or certified true copy).
2. Self-declaration of products is carried out in the following order :
a) Organizations and individuals self-declare their products on the mass media or their website or publicly post them
at the head office of the organization or individual and submit 01 (one) copy via the Internet. post office or directly to a
competent state management agency appointed by the People's Committee of the province or city under central
authority (hereinafter collectively referred to as the People's Committee of the province);
b) Right after self-declaration of products, organizations and individuals are entitled to manufacture and trade
products and take full responsibility for the safety of such products;
c) Competent state management agencies receive self-published copies of organizations and individuals to store
dossiers and publish names of organizations and individuals and names of self-published products on electronic
information pages. death of the receiving agency.
In cases where an organization or individual has 02 (two) or more production establishments that jointly produce the
same product, the organization or individual shall only submit a dossier at a local state management agency in which
the establishment is located. production selected by organizations and individuals. Once the state management
agency has been selected to submit the dossier, the subsequent self- disclosure must submit the dossier at the
previously selected agency.
3. Documents in the self-declaration dossier must be in Vietnamese; if there are documents in foreign languages,
they must be translated into Vietnamese and notarized. The document must be valid at the time of self-disclosure.
4. In case a product has a change in product name, origin, or composition, the organization or individual must self-
announce the product. In case of other changes, organizations and individuals shall notify in writing of the changed
contents to competent state management agencies and may manufacture and trade products immediately after
sending the notices.
Chapter III
PROCEDURES FOR REGISTRATION OF PRODUCTS PUBLICATION
Article 6. Registration of product announcement
Organizations and individuals that produce and trade in food must register the product announcement for the
following products:
1. Food for health protection, food for medical nutrition, food for special diet.
2. Nutritional products for children up to 36 months old.
3. Mixed food additives with new uses, food additives that are not on the list of additives allowed to be used in food or
are not for the right users prescribed by the Ministry of Health.
Article 7. Dossier for registration of product announcement
1. Dossier for registration of product announcement for imported products include :
a) The product announcement is specified in Form No. 02, Appendix I issued together with this Decree;
b) Certificate of Free Sale or Certificate of Exportation or Health Certificate issued by a competent authority of the
country of origin/export content to ensure safety for users or be freely sold in the market of the producing/exporting
country (consular legalization);
c) The certificate of results of food safety testing of the product within 12 months from the date of submission of the
application is issued by a designated testing laboratory or a laboratory accredited in accordance with ISO 17025
including safety criteria. safety standards promulgated by the Ministry of Health according to the principles of risk
management in accordance with international regulations or safety criteria according to relevant regulations and
standards announced by organizations and individuals in cases where they have not yet been approved by the
Ministry of Health. there are regulations of the Ministry of Health (original or certified true copy);
d) Scientific evidence proving the utility of the product or of the ingredients creating the announced use (the original
or a copy certified by the organization or individual). When using scientific evidence on the use of a product's
ingredient for the product's use, the daily dose of the product must be at least 15% greater than or equal to 15% of
the use of that ingredient stated in the brochure. Whether;
dd) Certificate of food safety eligibility, Good Manufacturing Practice (GMP) or equivalent certificate in case the
imported product is a health-protective food, applicable from the date of sale . July 1, 2019 (copy certified by the
organization or individual).
2. An application for registration of a product announcement for domestically produced products includes:
a) The product announcement is specified in Form No. 02, Appendix I issued together with this Decree;
b) A certificate of results of food safety testing of products within 12 months from the date of application is issued by a
designated testing laboratory or a laboratory accredited in accordance with ISO 17025 including safety criteria. safety
standards promulgated by the Ministry of Health according to the principles of risk management in accordance with
international regulations or safety criteria according to relevant regulations and standards announced by
organizations and individuals in case there is no such information. regulations of the Ministry of Health (original or
certified true copy);
c) Scientific evidence evidencing the use of the product or the ingredients creating the announced use (the original or
a copy certified by the organization or individual). When using scientific evidence about the use of a product's
ingredients to make the product useful, the daily dose of the product must be at least 15% greater than or equal to
the amount used. that element is stated in the document;
d) A certificate of establishment meeting food safety conditions in case the establishment is subject to the issuance of
a certificate of eligibility for food safety as prescribed (a copy certified by the organization or individual) core);
dd) Certificate of food safety eligibility, Good Manufacturing Practice (GMP) in case domestically produced products
are health foods, applicable from July 1, 2019 (copy certified by the organization or individual).
3. Documents in the application for registration of the product announcement must be in Vietnamese; In case there
are documents in foreign languages, they must be translated into Vietnamese and notarized. The document must be
valid at the time of application for registration of the product announcement.
Article 8. Order of registration of product announcement
1. Food producing and trading organizations and individuals shall submit dossiers of registration of product
announcements via the online public service system or by post or directly to the application-receiving agencies
according to regulations. determine the following:
a) Submit to the Ministry of Health for health foods, mixed food additives with new uses, and food additives that are
not included in the list of additives permitted for use in food approved by the Minister of Health. regulations; _
b) Submit to the competent state management agency designated by the People's Committee of the province for
medical nutrition food, food for special diet, nutritional products for human consumption. for children up to 36 months
old;
c) In case organizations or individuals producing many types of food fall within the competence of receiving dossiers
of registration of product announcements from both the Ministry of Health and competent state management
agencies approved by the People's Committee of Vietnam. If designated by the provincial level , organizations and
individuals have the right to choose whether to submit dossiers to the Ministry of Health, or for products under the
authority to receive registration dossiers of any agency, they shall submit registration dossiers to the receiving
agencies. there.
In case an organization or individual has 02 (two) or more production establishments producing the same product, the
organization or individual can only carry out the procedures for registration of the product announcement at one
regulatory agency. Local countries have production facilities selected by organizations or individuals (except for
products registered at the Ministry of Health). Once a state management agency has been selected for registration,
subsequent registrations must be made at the selected agency.
2. Within 07 (seven) working days from the date of receipt of a complete application for registration of the product
announcement, for mixed food additives with new uses, food additives not yet included in the list of additives. may or
may not be used for the right purposes in foods prescribed by the Minister of Health, medical nutritional foods, foods
for special diets, nutritional products for children up to 36 months age and 21 working days for health foods, the
receiving agency specified in Clause 1 of this Article is responsible for verifying the application and issuing a receipt
for registration of the product announcement using the Form No. 03 Appendix. Appendix I promulgated together with
this Decree.
The time to evaluate the dossiers is counted from the time when the dossiers are submitted on the online
public service system or follow the arrival stamp of the receiving agency (in case the application is submitted by post
or submitted in person). ).
3. In case of disagreement with the product announcement dossier of the organization or individual or request for
amendment or supplement, the dossier-receiving agency must make a written statement clearly stating the reasons
and legal grounds of the organization or individual. requesting. The application-receiving agency may only request
amendments and supplements once.
Within 07 (seven) working days from the date of receipt of the amended and supplemented dossier, the dossier-
receiving agency shall appraise the dossier and give a written reply. After 90 working days from the date of receipt of
a written request for amendment and supplementation, if the organization or individual does not amend or
supplement the dossier, the dossier is no longer valid.
4. In case a product has a change in product name, origin or composition, the organization or individual must re-
announce the product. In case of other changes, the organization or individual shall notify in writing of the changed
contents to the application-receiving agency specified in Clause 1 of this Article and may manufacture and trade
products immediately after the change. send notifications.
5. The agency receiving the application for registration of the product announcement shall publicly announce the
name and product of the organization or individual that has received the registration of the product announcement on
its website ( website) and its food safety database.
6. Organizations and individuals that manufacture and trade in products are responsible for paying fees for appraisal
of dossiers of registration of product announcements in accordance with the law on fees and charges.
Chapter IV
GUARANTEE THE SAFETY OF GENERAL GMO FOOD
Article 9. Safety assurance for food with ingredients from genetically modified organisms and products of
genetically modified organisms
Conditions for grant, order and procedures for granting and withdrawing the Certificate of eligibility for use as food
and the list of genetically modified organisms for which the Certificate of eligibility for use as food is granted
implemented according to the provisions of Decree No. 69/2010/ND-CP dated June 21, 2010 of the Government on
biosafety for genetically modified organisms, genetic specimens and products of mutated organisms. genetic
modification and the Government's Decree No. 108/2011/ND-CP dated November 30, 2011 amending a number of
articles of the Government's Decree No. 69/2010/ND-CP dated June 21, 2010 on life safety of GMOs, genetic
specimens and products of GMOs.
Article 10. Labeling of goods containing genetically modified organisms and products of genetically modified
organisms used as food
1. Organizations and individuals that produce and trade food on the market containing genetically modified organisms
or products of genetically modified organisms with at least one genetically modified ingredient of more than 5% of the
total raw materials. materials used to produce food, in addition to complying with the provisions of the law on labeling
of goods, information related to genetically modified organisms must be displayed on the label of goods, except for
cases specified in Clause 1 of this Article. specified in Clause 2 of this Article.
2. Cases of exemption from labeling for goods containing genetically modified organisms and products of genetically
modified organisms used as food:
a) Prepackaged genetically modified foods with genetically modified ingredients but no genes or products of modified
genes are detected in the food;
b) Fresh genetically modified foods, processed genetically modified foods without packaging and sold directly to
consumers;
c) Genetically modified foods used in emergencies to overcome natural disasters and epidemics.
Chapter V
ISSUANCE OF CERTIFICATE OF FOOD SAFETY FACILITIES
Article 11. Issuance of certificates of establishments meeting all food safety conditions
1. Food production and trading establishments must have a Certificate of eligibility for food safety when operating,
except for the case specified in Clause 1, Article 12 of this Decree.
2. Conditions for granting the Certificate of satisfaction of food safety conditions must comply with the provisions
of Clause 1, Article 34 of the Law on Food Safety . Particularly for establishments producing health foods, they must
comply with the requirements specified in Article 28 of this Decree.
Article 12. Establishments that are not eligible for a Certificate of eligibility for food safety
1. The following establishments are not eligible for the Certificate of food safety eligibility:
a) Small initial production;
b) Food production and trading without a fixed location;
c) Small and small preliminary processing ;
d) Retail food business;
d) Trading in prepackaged foods;
e) Producing and trading in tools and materials for food packaging and storage;
g) Restaurant in the hotel;
h) The collective kitchen does not have a registered food business;
i) Street food business;
k) The establishment has been granted one of the following Certificates: Good Manufacturing Practice (GMP),
Hazard Analysis and Critical Control Point (HACCP) System, ISO 22000 Food Safety Management System,
International Food Standard (IFS), Global Standard for Food Safety (BRC), Food Safety System Certification (FSSC
22000) or its equivalent.
2. The establishments specified in Clause 1 of this Article must comply with the respective requirements on food
safety assurance conditions.
Chapter VI
STATE INSPECTION ON FOOD SAFETY IMPORTED AND EXPORTED
Article 13. Cases exempt from state inspection of imported food safety (except for cases with food safety
warnings)
1. The product has been granted a certificate of registration of the product announcement.
2. Products brought with them on entry, sent before or after their trip to serve their daily needs or trip purposes ; gifts ,
gifts within the quota of import tax exemption in accordance with the provisions of the tax law.
3. Products imported for personal use by subjects enjoying diplomatic privileges and immunities.
4. Products in transit, border-gate transfer, transshipment, temporary import for re-export, and deposit in bonded
warehouses.
5. The product is a test or research sample with a quantity suitable for testing or research purposes certified by an
organization or individual.
6. Products used to display fairs and exhibitions.
7. Products and raw materials for production and import are only used for the production or processing of goods for
export or for the internal production of organizations and individuals, not for consumption in the domestic market.
8. Products temporarily imported for sale at duty-free shops.
9. Goods imported to serve urgent requirements under the direction of the Government or the Prime Minister.
Article 14. Requirements for imported terrestrial animal products, aquatic animal products and plant
products used as food
1. Terrestrial animal products, aquatic animal products, and plant products used as imported food, except for
processed and prepackaged foods , and foods by organizations and individuals Vietnam exports to foreign countries
but is returned and the cases specified in Article 13 of this Decree must satisfy the following requirements:
a) Originating from a country or territory that has a food safety control system that meets Vietnam's regulations and is
included in the list of registered countries and territories by a competent Vietnamese agency. sign the export of food
of animal, plant and aquatic origin to Vietnam;
b) For terrestrial animal products used as food, aquatic animal products used as food: Must be produced by a
business or production establishment that is recognized by a competent Vietnamese authority to meet the
requirements fully meet the requirements on ensuring food safety according to Vietnam's regulations;
c) Each imported consignment of animal or aquatic origin must be accompanied by a certificate of satisfaction of food
safety regulations issued by a competent authority of the exporting country (except for aquatic products that are not
subject to food safety requirements). caught and processed by foreign fishing vessels at sea and sold directly to
Vietnam).
2. Procedures for registration of countries, territories and production and business establishments mentioned in
Clause 1 of this Article in the list of countries exporting to Vietnam comply with the provisions of Article 22 of this
Decree.
3. The Ministry of Agriculture and Rural Development is responsible for providing the customs authority with a list of
countries, territories and organizations and individuals that are allowed to export the above products into Vietnam.
Article 15. State inspection agency for imported food
1. State inspection agency for imported food is an agency assigned or appointed by the Ministry of Health, the
Ministry of Agriculture and Rural Development or the Ministry of Industry and Trade.
In case an imported consignment contains many types of food under the management of many ministries, the state
inspection agency is an agency assigned or appointed by the Ministry of Agriculture and Rural Development .
2. State inspection agencies have the following rights and responsibilities:
a) Decide to apply the change of inspection method from the normal inspection method to the reduced inspection
method and apply the normal inspection method after 03 (three) times of strict inspection meet the actual
requirements . imported products;
b) Conduct food inspection according to the method and procedures specified in this Decree;
c) Comply with the sampling and storage of samples according to the provisions of law;
d) Collect inspection and testing fees and charges in accordance with the law on fees and charges;
dd) Ensure professional qualifications, accuracy, honesty and objectivity when inspecting and certifying food safety
for imported consignments and goods;
e) Subject to the direction, inspection and guidance on organization and operations of the Ministry of Health, the
Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade;
g) Receive and settle complaints of goods owners. If causing damage to the goods owner, the state inspection
agency must refund the entire testing fee , inspection fee , and at the same time must compensate the goods owner
(if any) according to the provisions of law;
h) Store inspection dossiers in accordance with law and present archival records when requested by competent
agencies;
i) Make a report every 6 months to the respective line ministry according to the provisions of Form No. 06, Appendix
I issued with this Decree, or make an ad-hoc report when there is a warning from the Ministry of Health, the Ministry
of Health and the Ministry of Health. Agriculture and Rural Development, the Ministry of Industry and Trade of
Vietnam or the competent authority in a foreign country or of the manufacturer, or report on the unsatisfactory food
handling results for the food. imported products.
Article 16. Inspection method
The inspection of imported food safety shall be carried out by one of the following methods:
1. Reduced inspection method, whereby the inspection of documents is up to 5% of the total number of imported
consignments within 01 year, randomly selected by the customs authority .
2. Normal inspection method, whereby only the records of imported consignments are checked.
3. Method of tight inspection, by which the dossier is checked in combination with taking samples for testing.
Article 17. Application of inspection methods
1. Reduced inspection applies to consignments or items falling into one of the following cases:
a) Having been certified as meeting food safety requirements by a competent agency or organization of a country that
has signed a treaty on mutual recognition in food safety inspection activities to which Vietnam is a contracting party.
tablets; have inspection results of the competent authority of the exporting country for the shipment or goods in
accordance with the provisions of Vietnamese law;
b) There have been 03 (three) consecutive lanes within 12 months of meeting import requirements according to the
normal inspection method;
c) Produced in facilities applying one of the quality management systems GMP, HACCP, ISO 22000, IFS, BRC,
FSSC 22000 or equivalent.
2. Normal inspection applies to all items of the imported consignment, except for the cases specified in Clauses 1 and
3 of this Article.
3. Tight inspection applies to imported goods and consignments in one of the following cases:
a) Consignments or goods do not meet import requirements at the previous inspection;
b) Goods and goods that do not meet the requirements of the inspection and examination (if any);
c) There is a warning from the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of
Industry and Trade, the People's Committee of the province or the competent authority abroad or the manufacturer.
4. Change from strict inspection to normal inspection in the following cases:
a) For the cases specified at Points a and b, Clause 3 of this Article, if after applying the strict inspection method 03
(three) times in a row, the results meet the import requirements;
b) For the case specified at Point c, Clause 3 of this Article, when there is a written notice to stop the strict inspection
from the Ministry of Health, the Ministry of Agriculture and Rural Development or the Ministry of Industry and Trade of
Vietnam.
Article 18. Examination registration documents
1. An application file for registration of inspection by the reduced inspection method includes:
a) The product self-declaration;
b) 03 (three) Notification of results certifying that food meets the requirements for consecutive imports by normal
inspection method or a certified copy or an original of consular legalization of one of the GMP, H A CCP, ISO 22000,
IFS, BRC, FSSC 22000 or equivalent valid at the time of submission;
c) In the case of products of aquatic and terrestrial animal origin, except for processed and prepackaged products,
there must be a certificate of satisfaction of food safety regulations issued by the competent authority. issued by the
competent authority of the exporting country (original).
2. Dossier of registration for inspection by normal inspection method and strict inspection method include:
a) A written registration for inspection of imported food according to the provisions of Form No. 04, Appendix I issued
with this Decree;
b) The product self-declaration;
c) 03 (three) Notification of results certifying that food meets consecutive import requirements by strict inspection
method for consignments and goods that are changed from strict inspection to normal inspection ( original);
d) A copy of the Packing list;
dd) In the case of products specified in Article 14 of this Decree, there must be a certificate of satisfaction of food
safety regulations issued by a competent authority of the exporting country (the original). aquatic products that are
caught and processed by foreign fishing vessels and sold directly to Vietnam.
Article 19. Order of inspection of imported food
1. Test sequence for reduced test cases:
a) When carrying out customs procedures, goods owners are responsible for submitting dossiers as prescribed in
Clause 1, Article 18 of this Decree;
b) The customs authority is responsible for randomly selecting a maximum of 5% of the total number of imported
consignments subject to reduced inspection within 01 (one) year to check the dossier as prescribed.
Within 03 (three) working days from the date of receipt of the dossier, the customs authority is responsible for
examining the dossier and customs clearance of the goods. If additional documents are requested, the reasons and
legal grounds for the request must be clearly stated.
2. Test sequence for normal test cases:
a) Before or when the goods arrive at the border gate, the goods owner shall submit an inspection registration dossier
as prescribed in Clause 2, Article 18 of this Decree to the state inspection agency or the national single-window
information portal of the module. Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of
Industry and Trade (if applicable);
b) Within 03 (three) working days from the day on which the application is received, the state inspection agency is
responsible for examining the dossier and issuing a notice that the food meets or fails to meet the import
requirements according to Form No. 05 Appendix I promulgated together with this Decree. If additional documents
are requested, the reasons and legal grounds for the request must be clearly stated;
c) The goods owner is responsible for submitting the Notice of results certifying that the food meets the import
requirements to the customs authority for customs clearance.
3. Inspection order and procedures for tightly inspected cases:
a) Comply with the provisions of Point a, Clause 2 of this Article;
b) Within 07 (seven) working days from the date of receipt of the dossier, the state inspection agency is responsible
for checking the dossier, taking samples, testing the food safety criteria as required. requirements and issue a notice
of food meeting or not meeting the import requirements according to Form No. 05, Appendix I issued with this
Decree. If additional documents are requested, the reasons and legal grounds for the request must be clearly stated;
c) The goods owner is responsible for submitting the Notice of results certifying that the food meets the import
requirements to the customs authority for customs clearance .
4. In case of issuing a Notice of results certifying that the food does not meet the import requirements as prescribed
at Point b, Clause 2, Point b, Clause 3 of this Article, the state inspection agency shall decide on handling measures
according to the following provisions: the form specified in Clause 3, Article 55 of the Law on Food Safety and report
the results of handling food that do not meet the import requirements to the specialized management ministry.
Article 20. Handling of unsatisfactory imported food
1. After completing the treatment of food that does not meet the import requirements under the decision of the state
inspection agency, the goods owner is responsible for reporting to the state inspection agency and the agency
receiving the dossier. publish one of the following papers :
a) Re-export documents in case of application of re-export form;
b) Minutes of destruction certified by a competent authority;
c) Contract on change of use purpose between the goods owner and the purchaser or the transferee of the shipment
or goods. The buyer or the transferee of the consignment or item that does not meet the import requirements may not
use such shipment or item as food.
2 . After completing the remedy for product defects and labeling errors, if they want to import into Vietnam, the goods
owner is responsible for carrying out the inspection registration procedures as prescribed in Article 19 of this Decree.
In case, after applying measures to correct errors of products or labeling errors, but the shipment or items still fail to
meet import requirements, one of the handling forms specified in the provisions of this Circular must
be applied . Points c and d, Clause 3, Article 55 of the Law on Food Safety .
Article 21. Rights and obligations of goods owners
Goods owners have the following rights and obligations:
1. To apply the reduced inspection method to imported consignments or goods in one of the cases specified in
Clause 1, Article 17 of this Decree.
2. Request the state inspection agency to review the test results or request the agency receiving the product
announcement to select a designated testing and verification facility to re-check the test results. If the re-inspection
results are consistent with the first-time inspection results, the goods owner shall bear the expenses for the re-
inspection; in case the re-inspection results meet the requirements of imported food , the paid re-inspection fee will
be refunded.
3. To have the right to propose handling measures specified in Clause 3, Article 55 of the Law on Food Safety, for
consignments or goods that do not meet the requirements of imported food.
4. To ensure the original condition of the consignment and goods for the state inspection agency to take samples.
5. Implement the decision on handling of consignments or items of the competent state inspection agency if the
consignment or items do not meet the requirements of imported food.
Article 22. Procedures for registration of countries, territories and production and business establishments
in the list of food exports to Vietnam and state inspection of food safety in the exporting country
1. Competent state management agencies of Vietnam develop inspection plans, notify and coordinate with competent
agencies of exporting countries in inspecting the country's food safety control system. Exporters and food production
and trading establishments that export to Vietnam shall follow the following procedures:
a) The competent authority of the exporting country shall send 01 (one) set of registration dossiers to the Ministry of
Agriculture and Rural Development, including information on the management system of the country or territory
(including the management system of the country or territory). legal system, standards, organizational system of food
safety management) and capacity to control food safety of the competent authority of the exporting country or
territory according to Form No. 08, Appendix I issued. attached to this Decree; a list of establishments producing and
trading food of animal and aquatic origin that have registered to export to Vietnam according to Form No. 07 of
Appendix I and information on their conditions for ensuring food safety. This production and business is made
according to Form No. 09, Appendix I issued together with this Decree;
b) Within 30 working days from the date of receipt of a complete application for registration of the list of production
and business establishments specified at Point a of this Clause from the competent authority of the exporting country,
the competent authority of the exporting country. The line ministry shall verify the dossier, notify the competent
authority of the exporting country of the verification results and the inspection plan in case of necessity, to carry out
the inspection for the exporting country to Vietnam;
c) The inspection contents in the exporting country include: Legal system on management and control of food
safety; capacity of the food safety control agency of the exporting country; conditions for ensuring food safety of
production and business establishments registered to export to Vietnam.
2. Handling of inspection results and notification of the list of countries and territories and the list of production and
business establishments permitted to export to Vietnam are prescribed as follows:
a) Where it is not necessary to carry out a physical inspection of the exporting country to Vietnam, the Ministry of
Agriculture and Rural Development shall announce the results and the name of the country or territory permitted to
export. export to Vietnam. Particularly for terrestrial animal products and aquatic animal products, a list of production
and business establishments permitted to be exported must be announced together with the list ;
b) If it is necessary to carry out inspection in the exporting country, within 30 working days from the date of
completion of the inspection in the exporting country, the Ministry of Agriculture and Rural Development shall handle
and announce the results. test results.
In case the inspection results do not fully meet the requirements as prescribed, the Ministry of Agriculture and Rural
Development shall notify and clearly state the specific reasons for the cases in which food is not allowed to be
exported to Vietnam;
c) In case of request for addition of the list of production and business establishments that export terrestrial animal
products and aquatic animal products to Vietnam, the competent authority of the exporting country shall send a
dossier including the books and basic information according to Forms No. 07 and No. 08 as prescribed at Point a,
Clause 1 of this Article, to the Ministry of Agriculture and Rural Development for document verification or physical
inspection in the exporting country, on the basis of that department considers and decides the addition to the list.
Article 23. State inspection of exported food
1. The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade
shall stipulate the competence to perform state inspection of food safety for exported food in the fields under their
assigned management. regulated in Articles 62, 63 and 64 of the Law on Food Safety at the request of the importing
country.
2. The Ministry of Agriculture and Rural Development is responsible for inspecting exported food consignments that
include many items under the management of two or more ministries.
Chapter VII
US FOOD LABELING
Article 24. Compulsory labeling content
1. Organizations and individuals producing and trading products in Vietnam, apart from complying with the provisions
of the law on goods labeling, must also comply with the following provisions:
a) Medical nutritional food must have the following phrases inscribed: "Medical nutritional food" and "Used for patients
with supervision of medical staff";
b) Food used for special diets must have the phrase: "Nutritional products (for specific subjects)" on the main side of
the label to distinguish it from ordinary foods.
2. Particularly for imported products, the name of the responsible organization or individual written on the product
label must show: the name and address of the producing organization or individual and the name and address of the
organization or individual. self-publish or register the product announcement.
Article 25. Exemption of some mandatory labeling contents
1. Exemption of additional labeling for products brought by people on entry for personal consumption, gifts and
presents within the quotas eligible for import tax exemption; imported products of subjects eligible for diplomatic
privileges and immunities; products in transit, border-gate transfer, transshipment, temporary import for re-export, and
deposited in bonded warehouses; the product is a test or research sample; the product is a sample for display at fairs
and exhibitions; products and raw materials for production and import are only used for the production and
processing of goods for export or for the internal production of organizations and individuals, not for consumption in
the domestic market.
2. In addition to spices and herbs, for small packages, with the largest surface area less than 10 cm 2 , the
composition of composition, shelf life, preservation instructions, instructions are exempted. Use if there is an
additional label or outer packaging that fully shows such contents.
3. Manufacturing date is exempt for food containers and packaging materials in direct contact with food.
Chapter VIII
ADVERTISING US FOOD
Article 26. Food must be registered for content before advertising
1. Food for health protection, food for medical nutrition, food for special diet.
2. Nutritional products for children up to 36 months old are not banned from advertising specified in Article 7 of the
Law on Advertising .
Article 27. Registration of food advertisement contents
The registration of food advertising content, in addition to complying with the provisions of the law on advertising,
must also comply with the following provisions:
1. Before advertising, organizations and individuals having advertising products must register advertising contents
with the agency issuing the Certificate of Receipt of registration of product announcement according to current
regulations.
2. Advertising content must be consistent with the uses and effects of the product that have been announced in the
product announcement. Do not use images, equipment, costumes, names, letters of medical units, facilities, doctors,
pharmacists, medical staff, thank you letters from patients, doctor's articles, pharmacist, medical staff to advertise
food.
3. For health protection foods:
a) There must be the warning "This food is not a medicine and has no effect of replacing medicine"; the writing must
be clear, with a color contrasting with the background color;
b) Advertisements in audio and video newspapers must clearly read the warnings as prescribed at Point a of this
Clause;
c) Advertisements on television and newspapers with a short duration of less than 15 seconds are not required to
read "This food is not a medicine and has no effect as a substitute for medicine", but must show a warning in the
advertisement. fox.
4. An application file for registration of advertisement content certification includes:
a) An application form for certification of advertisement contents, made according to Form No. 10, Appendix I issued
with this Decree;
b) A written receipt for registration of the product announcement and the product announcement certified by a
competent authority (a copy certified by the organization or individual);
c) Sample of the product label (the copy certified by the organization or individual);
d) For advertising on audio and video newspapers, there must be a script to be advertised and the content to be
advertised recorded on a video or audio disc; for advertising on other means, there must be a code (sample of
content) of the advertisement plan (a copy certified by the organization or individual);
dd) For advertising content other than the uses and features of the product stated in the product announcement,
there must be scientific documents to prove it (a copy certified by the organization or individual);
Documents in the application for certification of advertising content must be in Vietnamese; In case there are
documents in foreign languages, they must be translated into Vietnamese and notarized.
5. Procedures for issuance of Certificate of advertisement content:
a) Organizations and individuals having advertising products shall send registration dossiers for certification of
advertising contents to the agency issuing the registration receipts of product announcements;
b) Within 10 working days from the date of receipt of complete and valid dossiers, the dossier-receiving agency shall
consider the dossiers and return the results according to Form No. 11 Appendix I promulgated together with the
Decree No. this. This time limit is counted from the date of arrival stamp of the receiving agency if the dossier is sent
by post or the date the complete dossier is received on the online public service system.
In case of disagreeing with the advertising contents of the organization or individual or requesting amendments and
supplements, the dossier-receiving agency must make a written statement clearly stating the reasons and legal
grounds for the request. The application-receiving agency may only request amendments and supplements once.
Within 10 working days after receiving the revised or supplemented dossier, the application-receiving agency shall
appraise the dossier and issue a written reply. After 90 working days from the date of receiving the official letter
requesting amendment and supplement, if the organization or individual does not amend or supplement, the dossier
is no longer valid;
c) Agencies receiving dossiers of registration for certification of advertisement contents are responsible for publicly
announcing the names and products of organizations and individuals that have been granted the Certificates of food
product advertisement contents on the website. its electronic information (website) and food safety database;
d) Organizations and individuals that register for certification of advertising contents are responsible for paying the
application examination fee at the application-receiving agency.
6. Organizations and individuals that have advertising products; Organizations and individuals that publish
advertisements may only advertise products that have been granted the Certificate of Advertising Content and only
advertise in accordance with the certified content.
Chapter IX
CONDITIONS FOR ASSURANCE OF FOOD SAFETY IN PRODUCTION OF HEALTH
PROTECTION FOOD
Article 28. Conditions for ensuring food safety in the production of health-protective foods
1. Health-protecting food production establishments must satisfy the general conditions for ensuring food safety
specified in Clause 1, Article 19, Clause 1, Article 20, Clause 1, Article 21 of the Law on Food Safety and the
following provisions: the following provisions:
a) A quality management system must be established and maintained to control the production process and
circulation to ensure that all products manufactured by the establishment meet the published standards and are safe
for human consumption. with the user until the expiry date;
b) Sufficient staff with professional qualifications suitable for assigned work positions and trained in basic GMP
knowledge, food safety and related professional knowledge. The head of production and the head of quality control
must be full-time employees of the facility and are independent of each other. The person in charge of the
establishment must have a university degree or higher in one of the majors in Medicine, Pharmacy, Nutrition, Food
Safety, Food Technology and must have at least 3 years of working experience. in the relevant specialized field;
c) The system of workshops, equipment and ancillary utilities is designed, built and installed in accordance with the
purpose of use, on the one-way principle, easy to clean, to prevent and minimize the risk of mistakes. avoid the
accumulation of dirt, contamination and other factors that adversely affect the product, and maintain daily cleaning
practices ;
d) Implement and keep complete records and documents on production, quality control, circulation and distribution to
retrieve the history of all product batches and record all other activities performed. current base;
d) All production operations must follow the process and instructions. Apply inspection and supervision measures
during the production process to prevent and avoid the risk
of confusion , contamination and cross - contamination . Record the results right after performing the operation or
right after completing the production stage in the records;
e) Having a quality control department to ensure that products are manufactured under appropriate conditions and
processes and meet established standards; necessary tests have been performed; raw materials are not approved
for export for use, products are not approved for sale until they have been assessed to meet the required
quality; products must be monitored for stability;
g) In the case of testing or contract manufacturing, the contract acceptor must have sufficient workshops, equipment
and personnel to meet the requirements of the transferor and comply with regulations of the competent management
agency on conditions for testing or producing health foods;
h) There is a prescribed process for complaint settlement, product recall, and self-inspection; Follow the procedures
and record and keep full records for these activities.
2. The Ministry of Health shall guide Good Manufacturing Practices (GMP) of health foods for health food production
establishments to deploy and apply.
3. From July 1, 2019, establishments producing health foods must apply Good Manufacturing Practices (GMP) of
health foods according to the guidance of the Ministry of Health.
Article 29. Dossier, order, authority to issue and re-issue the Certificate of satisfaction of food safety
conditions that meet the requirements of Good Manufacturing Practice (GMP) for health-protecting foods
1. Dossier for issuance of the Certificate of satisfaction of food safety conditions for establishments meeting the
requirements of Good Manufacturing Practice (GMP) for health-protecting foods includes:
a) An application form for the Certificate of eligibility for food safety, meeting the requirements of Good Manufacturing
Practices (GMP) for health-protective foods, made according to Form No. 12, Appendix I issued with this Decree;
b) Diagram of production areas and production lines (certified by organizations and individuals);
c) List of main equipment used at the establishment (certified by the organization or individual).
2. Order of granting the Certificate of food safety eligibility, Good Manufacturing Practice (GMP) for health-protecting
food
a) The establishment prepares a dossier as prescribed in Clause 1 of this Article and submits it through the online
public service system or by post or directly to the Ministry of Health;
b) Within 15 working days from the date of receipt of complete and valid dossiers, the dossier-receiving agency shall
set up an appraisal team and conduct the actual assessment at the establishment and make an appraisal minutes
according to the regulations. Form No. 13 Appendix I promulgated together with this Decree.
The appraisal team has 5 or more people, of which at least 02 members have experience in good manufacturing
practice (GMP), 01 member has expertise in testing;
c) In case the assessment results are satisfactory, the agency receiving the application shall issue the Certificate of
satisfaction of food safety conditions according to the requirements of Good Manufacturing Practice (GMP) for health-
protecting foods according to the provisions of this Law. Form No. 14 Appendix I issued together with this
Decree. The time for granting the Certificate of eligibility for food safety and meeting the requirements of Good
Manufacturing Practices (GMP) for health-protecting foods is not more than 30 working days from the date of receipt
of a complete and valid dossier;
d) In case the appraisal results at the establishment are unsatisfactory, the appraisal team clearly states the
unsatisfactory contents in the appraisal minutes for the establishment to remedy. After remedial work, the
establishment sends a written notice of the remedial result to the Evaluation Team . Within 07 (seven) working days
from the date of receipt of the written notice of remedial results, the appraisal team is responsible for reviewing and
submitting to the Ministry of Health for issuance of a Certificate of food safety eligibility. agree _Demand for Good
Manufacturing Practice (GMP) health food. Past 03 (three) months from the end of the appraisal, if the establishment
fails to complete the remedial work as required and notify the remedial results to the appraisal team, the application
for issuance of the Certificate of establishment is eligible. food safety conditions meet Good Manufacturing Practices
(GMP) health food is no longer valid .
3. The certificate of eligibility for food safety and meeting the requirements of Good Manufacturing Practice (GMP) for
health food is valid for 03 (three) years from the date of issue. 06 months before the expiry date, the establishment is
responsible for submitting an application for re-issuance of the Certificate of eligibility for food safety and meeting the
requirements of Good Manufacturing Practice (GMP) for health food. Dossier and re-issuance order shall comply with
the provisions of Clauses 1 and 2 of this Article.
4. Organizations and individuals that apply for the Certificate of food safety eligibility for establishments meeting the
requirements of good manufacturing practice (GMP) for health foods are responsible for paying fees for assessment
of dossiers at the establishments. the receiving authority.
Chapter X
CONDITIONS FOR ASSURANCE OF FOOD SAFETY IN PRODUCTION, TRADING
AND USE OF FOOD ADDITIVES
Article 30. Regulations on food safety assurance conditions for food additives
Food additive manufacturing and trading establishments must satisfy the following food safety assurance conditions:
1. Satisfy the general provisions on food safety assurance conditions specified in Clause 1, Article 19, Clause 1,
Article 20, and Clause 1, Article 21 of the Law on Food Safety .
2. Food additives may only be mixed when such food additives are on the list of additives permitted for use in food
prescribed by the Ministry of Health and the final product of the mixing does not cause harm. any harm to human
health; In the case of creating a new product with new uses, the utility must be demonstrated, the intended users and
the maximum usage level.
3. The division, grade, and extraction of food additives must be carried out at establishments that satisfy food safety
conditions and are labeled according to current regulations.
Article 31. Regulations on single-element food additives
1. Food additives are on the list of additives allowed to be used in food prescribed by the Ministry of Health and are
subject to self-declaration.
2. Procedures for self-declaration of products for single-element food additives shall comply with the provisions of
Article 5 of this Decree.
Article 32. Regulations on mixed food additives with new uses
1. Mixed food additives with new uses must be registered with the product announcement at the Ministry of Health.
2. Mixed food additives with new uses must be listed with quantitative ingredients for each additive in the
composition.
3. The order and procedures for registration of the product announcement for the mixed food additive with new
uses are specified in Articles 7, 8 of this Decree.
Article 33. Regulations on the use of food additives
Organizations and individuals producing and trading products are responsible for:
1. Food additives may only be used in the list of additives permitted for use in food prescribed by the Ministry of
Health. In case the food additive is not on the list of additives allowed to be used in food or is not for the right users
prescribed by the Ministry of Health; Organizations and individuals producing and trading food additives must register
the product announcement at the Ministry of Health according to the provisions of Articles 7, 8 of this Decree.
2. Using food additives not exceeding the maximum allowable use; the right food object; have a clear origin and
origin; expiry date; fully meet the management requirements and technical requirements for food additives.
Chapter XI
US FOOD TRACKING
Article 34. Traceability of unsafe products
When detecting that food products produced or traded by them are not safe or when required by competent state
agencies, organizations and individuals that produce and trade in products must have the responsibility to do the
following: traceability according to the provisions of Clauses 1 and 2, Article 54 of the Law on Food Safety .
Article 35. Implementation of traceability of unsafe products
1. Organizations and individuals that produce and trade in products must store information related to product
manufacturers, suppliers and customers in case customers have purchased such products through
contracts. notebooks or other methods for traceability. Information serving traceability includes:
a) Name and types of products purchased or sold;
b) Date, month, year, quantity, volume, batch number, batch number of products (if any) purchased or sold.
2. The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade
shall specify the traceability of products for products in their assigned management domains.
Chapter XII
ASSIGNMENT OF RESPONSIBILITIES FOR STATE MANAGEMENT OF FOOD
SAFETY
Article 36. Principles of assignment of responsibilities for state management of food safety
1. On the basis of the provisions of the Law on Food Safety and ensure compliance with relevant legal documents.
2. On the basis of unified state management of food safety.
3. Ensure the management throughout the entire process of food production and trading.
4. Close coordination between ministries and branches.
5. Ensuring the principle of one-stop shop, one product, one production and business establishment only under the
management of one state management agency.
6. Ensure the scientific, complete and feasible.
7. Decentralization of state management between the central and local governments at all levels in the state
management of food safety.
8. For establishments producing many types of food products under the management competence of 2 or more
specialized management agencies, the product management agency with the largest output of its products The
production facility is the governing body.
9. For establishments that do not perform the production stage but trade in a variety of food products under the
management of 2 or more specialized management agencies managed by the Industry and Trade sector, except for
markets focal point, auction of agricultural products.
10. For establishments that both manufacture and trade in many types of products under the management of two or
more specialized management agencies , organizations and individuals may choose a specialized management
agency. food safety industry to carry out administrative procedures.
Article 37. Responsibilities for state management of food safety of the Ministry of Health
1. Implement regulations on general responsibilities in state management of food safety specified in Clause 1, Article
62 of the Law on Food Safety .
2. To report periodically and irregularly to the Government on food safety management on the basis of supervision
and synthesis of reports from specialized management ministries and provincial-level People's Committees.
3. To promulgate national technical regulations for products in their assigned management domains specified
in Article 62 of the Law on Food Safety and product groups in Appendix II to this Decree; promulgate national
technical regulations or regulations on safety limits for groups of products at the request of specialized management
ministries.
4. Food safety management throughout the process of production, processing, preservation, transportation, export,
import, business and production and business establishments for food products specified in Annex 3. Appendix
II promulgated together with this Decree.
5. Organize the receipt and management of dossiers, issue the Certificate of Receipt of registration of the product
announcement, the Certificate of the establishment satisfying the actual safety conditions for: health protection foods,
mixed food additives in case of having new uses, the food additive is not on the list of additives allowed to be used or
is not for the right users in food prescribed by the Ministry of Health; Certificate of eligibility for food safety and
meeting the requirements of Good Manufacturing Practice (GMP) for health food; Certificate of advertisement
contents for health foods; Certificate of free sale for products in the field of management, Medical certificate.
6. Designate food testing establishments in service of state management, testing and verifying establishments within
the scope of their assigned management; appointing a testing facility to arbitrate and make final conclusions when
there is a difference in the testing results of food testing establishments inside and outside the health sector.
7. Designate a state inspection agency for imported food safety for products in the fields it is assigned to manage.
Article 38. Responsibilities for state management of food safety of the Ministry of Agriculture and Rural
Development
1. To promulgate national technical regulations for products in their assigned management domains specified
in Article 63 of the Law on Food Safety and product groups in Appendix III to this Decree.
2. Formulate and submit to the Ministry of Health for promulgation regulations on safe limits for product groups
in Appendix III to this Decree.
3. To manage and decentralize the management of food safety for primary production of agriculture, forestry, fishery
and salt, including: The process of growing, raising, harvesting, catching, exploiting agriculture and forestry,
Seafood; salt production.
4. Manage and decentralize food safety management throughout the process of production, collection, slaughter,
preliminary processing, processing, preservation, transportation, export, import and trading of products. and
establishments producing and trading food products specified in Appendix III to this Decree.
5. Organize the issuance of the Certificate of free sale for products in the fields under their assigned management.
6. Organizing and decentralizing the granting of certificates of satisfaction of food safety conditions to organizations
and individuals producing and trading products in the domains assigned to manage in Clauses 3 and 4. of this Article.
7. Food safety management for wholesale markets and auctions of agricultural products.
8. Designate food testing establishments in service of state management, testing and verification
establishments; make a final conclusion when there is a difference in test results between testing facilities in the field
they are assigned to manage.
9. Designate a state inspection agency for imported food safety for products in the fields it is assigned to manage.
10. Publicize the list of countries and territories and the list of production and business establishments permitted to
export to Vietnam in the fields under their assigned management.
Article 39. Responsibilities for state management of food safety of the Ministry of Industry and Trade
1. To promulgate national technical regulations for products in their assigned management domains specified
in Article 64 of the Law on Food Safety and product groups in Appendix IV to this Decree.
2. Formulate and submit to the Ministry of Health for promulgation regulations on safe limits for product groups
in Appendix IV issued with this Decree.
3. Manage and decentralize food safety management throughout the process of production, processing, preservation,
transportation, export, import, and trading of products and production and business establishments. food products
specified in Appendix IV issued with this Decree.
4. Food safety management for supermarkets, trade centers, convenience stores, establishments belonging to the
system of storage, distribution and other business types.
5. Organizations granting certificates of free sale for products under their assigned management domains.
6. Organizing the granting and decentralization of the granting of certificates of satisfaction of food safety conditions
to organizations and individuals that manufacture and trade products in their assigned management domains.
7. Carry out inspection and prevention of fake food and commercial fraud in the market for all types of food, food
additives, food processing aids, tools, packaging materials, food container.
8. Designate food testing establishments in service of state management, testing and verification
establishments; make a final conclusion when there is a difference in test results between testing facilities in the field
they are assigned to manage.
9. Designate a state inspection agency for imported food safety for products in the fields it is assigned to manage.
Article 40. Responsibilities for state management of food safety of provincial-level People's Committees
1. Perform state management of food safety in the locality, take responsibility before the Government for food safety
in the locality. Presidents of provincial-level People's Committees directly act as heads of inter-sectoral steering
committees on food hygiene and safety of provinces and centrally run cities; take the initiative in organizing an
inspection, examination and supervision force to ensure food safety in the locality; directly direct and regularly urge
and inspect the observance of the law on food safety by lower-level state agencies; handle cadres and civil servants
who are irresponsible and loose in management in the areas they are assigned to manage; organize the settlement
of complaints and denunciations and handle violations of the law on food safety according to the provisions of
law; take responsibility before the Government and before the law whenviolations of the law on food safety in the
locality.
2. Organize the implementation of regulations of the Government, ministries and branches on food safety in the
locality.
3. Organize and administer the Inter-sectoral Steering Committee on food hygiene and safety in the provinces and
centrally-run cities.
4. Organize propaganda and advocacy for the implementation of the provisions of the law on assurance of food
safety in the locality.
5. Allocate resources for specialized agencies to perform the state management of food safety.
6. Take responsibility for food safety management in the locality; managing food safety assurance conditions for
small-scale food production and trading establishments, street food, business establishments, catering services, and
food safety at local markets and objects according to the management hierarchy.
7. Develop and issue local technical regulations on food safety for specific local food products.
8. Receive and manage dossiers, issue Certificates of registration of product announcements and certifications of
advertising contents for medical nutritional products, foods for special diets, Nutritional products for children up to 36
months old .
9. Receive the product self-declaration; certify the establishment meeting food safety conditions as assigned or
decentralized.
Article 41. Cooperation in food safety assurance activities
1. Sectoral ministries within their state management are responsible for coordinating with the Ministry of Health in
performing state management activities to ensure uniform state management of food safety. effective.
2. The Ministry of Health shall assume the prime responsibility for developing information, education and
communication programs on food safety. The Ministry of Agriculture and Rural Development, the Ministry of Industry
and Trade and other ministries and branches shall, according to their respective functions and tasks, coordinate with
each other. cooperate with the Ministry of Health to implement the program of information, education and
communication on food safety.
3. The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade
shall assume the prime responsibility for formulating programs, plans and implementing inspection and examination
activities for products in the assigned domains. management, other ministries and branches are responsible for
coordination.
4. When food poisoning occurs, the Ministry of Health is responsible for organizing emergency and timely treatment
for people suffering from food poisoning. Ministries of specialized management are responsible for providing sufficient
dossiers and information related to the origin of food suspected of causing poisoning in the domains under their
management; coordinate with the Ministry of Health in investigating the causes and assume the prime responsibility
for tracing the origin and handling of food causing poisoning in the areas under their assigned management.
5. When detecting violations of food products in the domains assigned to management by other ministries or
branches and posing a risk of seriously affecting consumers' health, the Ministry of Health shall assume the prime
responsibility for, and coordinate with other ministries and sectors in, the Ministry of Health. Sector managers carry
out the inspection, examination and conclusion.
Chapter XIII
 TERMS ENFORCEMENT
Article 42. Transitional provisions
1 . Products that have been issued with a Certificate of Receipt of Announcement of Regulation Conformity and a
Certificate of Declaration of Conformity with Food Safety Regulations before the effective date of this Decree may
continue to use them until the expiry of the time limit stated on the paper. expiration of the product's shelf life .
2. Management ministries shall, within their scope, tasks and powers, review and announce the invalidity of
regulations contrary to this Decree.
Article 43. Effect
1. This Decree takes effect from February 2, 2018.
2. To replace Decree No. 38/2012/ND - CP dated April 25, 2012 of the Government detailing the implementation of a
number of articles of the Law on Food Safety; Chapter II of the Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-
BCT dated April 9, 2014 of the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry
of Industry and Trade guiding the assignment and coordination is annulled . in the state management of food safety.
Article 44. Responsibilities for implementation
The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the
presidents of the People's Committees of the provinces and centrally-run cities and relevant
organizations and individuals shall be responsible for the implementation of this Decree. this decision./ .

Place of receipt:
- Secretariat of the Party Central Committee;
- Prime Minister and Deputy Prime Ministers;
- Ministries, ministerial-level agencies, agencies attached
to the Government;
-Councils, People's Committees of provinces and centrally
run cities;
- Central Office and Party Committees;
- Office of the General Secretary;
- Office of the President;
- Ethnic Council and Committees of the National Assembly;
- Congress office;
- Supreme People's Court;
- People's Procuratorate of the Supreme;
- State audit;
- National Financial Supervisory Commission;
- Bank for Social Policies;
- Vietnam Development Bank;
- Central Committee of theFrontVietnam Fatherland;
- Central body of unions; - Office of Government: BTCN,
PCNs, Assistant to TTg, General Director of E-Portal,
Departments, Departments, affiliated units, Official
Gazette; - Save: VT, KGVX (2).