MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
39/2018/TT-BNNPTNT
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Hanoi, December
27, 2018
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CIRCULAR
PROVIDING
GUIDANCE ON INSPECTION OF FOOD SAFETY AND QUALITY OF IMPORTED SALT UNDER
AUTHORITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to the Government’s Decree No.
15/2017/ND-CP dated February 17, 2017 defining functions, tasks, powers and organizational
structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Law on quality of goods and
products in 2007;
Pursuant to the Law on food safety in 2010;
Pursuant to the Government’s Decree No.
132/2008/ND-CP dated December 31, 2008 providing guidance on implementation of
the Law on quality of goods and products; the Government’s Decree No.
74/2018/ND-CP dated May 15, 2018 providing amendments to the Government’s
Decree No. 132/2008/ND-CP dated December 31, 2008 providing guidance on
implementation of the Law on quality of goods and products; the Government’s
Decree No.154/2018/ND-CP dated November 09, 2018 amending and nullifying
certain regulations on investment and business conditions in sectors under the
state management of the Ministry of Science and Technology and certain
regulations on specialized inspection;
Pursuant to the Government’s Decree No.
15/2018/ND-CP dated February 02, 2018 on elaboration of some articles of the
Law on food safety; the Government’s Decree No. 155/2018/ND-CP dated November
12, 2018 on amendments to some regulations on investment and business
conditions in sectors under the state management of the Ministry of Health;
Pursuant to the Government's Decree No.
09/2016/ND-CP dated January 28, 2016 on fortification of foods with
micronutrients;
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At the request of the Director of the Department
of Cooperatives and Rural Development;
The Minister of Agriculture and Rural
Development promulgates a Circular providing guidance on inspection of food
safety and quality of imported salt under authority of the Ministry of
Agriculture and Rural Development.
Article 1. Scope and regulated
entities
1. This Circular provides for contents and
procedures for inspection of food safety and quality of imported salt under the
state management of the Ministry of Agriculture and Rural Development.
2. This Circular applies to Vietnamese and foreign
organizations and individuals that import salt (hereinafter referred to as
"importers") and other organizations and individuals involved in
inspection of food safety and quality of imported salt.
Article 2. Inspected subjects
1. Imported industrial salt shall be subject to
quality inspection.
2. imported food grade salt or table salt and
imported refined salt shall be subject to food safety inspection.
3. Cases where the inspection of quality and food
safety of imported salt is exempted:
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b) Cases where the state inspection of safety of
imported foods is exempted as regulated in Article 13 of the Government’s
Decree No. 15/2018/ND-CP dated February 02, 2018.
Article 3. Interpretation of
terms
For the purpose of this Circular, the terms below
are construed as follows:
1. “salt” (including table salt and denatured salt)
means a compound which contains sodium chloride (chemical formula: NaCl) as its
main ingredient and is made from seawater, underground salt water or extracted
from salt mines.
2. “food grade salt or table salt” refers to the
salt which is fortified with iodine, used for eating and food processing, and
contains substances with the contents as prescribed in the National Technical
Regulation QCVN 9-1:2011/BYT.
3. “refined salt” refers to the salt which has been
properly treated or refined and contains substances with the contents as
prescribed in the National Standard TCVN 9639:2013 and the National Technical
Regulation QCVN 8-2:2011/BYT.
4. “industrial salt” refers to the salt which
contains substances with the contents as prescribed in the National Standard
TCVN 9640:2013 or the National Technical Regulation on industrial salt.
5. “imported salt shipment” refers to a
predetermined quantity of the salt which is of the same type, has the same
name, uses, brand, category and technical specifications, is supplied by a
manufacturer and supported by the same import dossier.
Article 4. Inspecting
authorities
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Article 5. Inspection grounds
1. For inspection of quality of imported salt:
Certification or inspection results given by duly
registered or accredited certification bodies or inspection bodies to certify
the conformity of imported salt shipments of importers with the National
Standard 9640-2013 – Industrial sodium chloride or the National Technical
Regulation on sodium chloride for industrial use in accordance with regulations
laid down in Paragraph b Point 2 Clause 3 Article 1 of the Decree No.
74/2018/ND-CP.
2. For inspection of food safety of imported salt:
Self-declaration forms as prescribed in Article 4
and Article 5 of the Decree No. 15/2018/ND-CP and Clause 1 Article 3 of the
Government’s Decree No. 155/2018/ND-CP dated November 12, 2018 providing
amendments to Point a Clause 2 Article 5 of the Decree No. 15/2018/ND-CP. To be
specific:
a) For import of food grade salt (or table salt):
The self-declaration form that the imported salt is conformable with the
Ministry of Health’s national technical regulation QCVN 9-1:2011/BYT on food
grade iodated salt.
b) For import of refined salt: The self-declaration
form that the imported salt is conformable with the National Standard TCVN
9639:2013 – Refined sodium chloride and the National Technical Regulation QCVN
8-2:2011/BYT on the limits of heavy metals contamination in food.
Article 6. Inspection of
quality of imported salt
1. The concerned importer shall submit an
application for inspection of quality of imported salt to the inspecting agency
in the place where the importer’s warehouse or store of imported salt shipment
is located.
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Article 7. Inspection of food
safety of imported salt
1. The concerned importer shall submit an
application for inspection of food safety of imported salt to the inspecting
agency at the port of entry of the imported salt shipment.
If the tightened inspection is carried out, the
inspecting agency is required to reach an agreement with the importer on
sampling date. The importer shall notify the customs agency of sampling time
and location for witnessing the sampling process.
2. Application for inspection; inspection
procedures; actions against the imported salt shipment that fails to meet
quality requirements as specified in the inspection results record; employment
of inspection method; responsibilities and rights of inspecting agencies;
rights and obligations of importers shall follow regulations laid down in
Article 18, Article 19, Article 20, Article 17, Article 15 and Article 21 of
the Decree No. 15/2018/ND-CP.
3. Sampling and storage of samples shall be carried
out in accordance with regulations laid down in Point a Clause 3 Article 1 of
the Circular No. 12/2017/TT-BKHCN dated September 28, 2017. Salt samples are
stored in closed plastic cans or bottles which are sealed by the inspecting
agency. The inspecting agency shall take samples and make a record of sampling
of imported salt with the witness of the importer's representative and the
representative of the customs agency at the border checkpoint.
Article 8. Conformity
assessment bodies and testing laboratories for imported salt
1. The organizations in charge of assessing the
conformity of quality of imported salt are the conformity assessment bodies
that have carried out procedures for registration of operations in accordance
with regulations laid down in the Government's Decree No. 107/2016/ND-CP dated
July 01, 2016.
2. The organizations in charge of performing
testing of food safety of imported salt are testing laboratories that are
accredited by the Ministry of Science and Technology (the Bureau of
Accreditation) as VILAS testing laboratories in chemistry sector, including
testing for sodium chloride and food safety indicators, or testing laboratories
designated by the Ministry of Agriculture and Rural Development in accordance
with the Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT dated August 01, 2013
by the Ministry of Health, the Ministry of Industry and Trade, and the Ministry
of Agriculture and Rural Development.
3. The list of conformity assessment bodies and
testing bodies for food safety mentioned in Clause 1 and Clause 2 of this
Article is updated and published on the portal of the Ministry of Science and
Technology (www.boa.gov.vn)
or of the Ministry of Agriculture and Rural Development (www.mard.gov.vn).
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1. The Department of Cooperatives and Rural
Development shall:
a) instruct the inspection of food safety and
quality of imported salt; provide guidance and supervise the inspection of food
safety and quality of imported salt by local inspecting agencies in accordance
with regulations herein; update and publish the list of inspecting agencies
prescribed in Article 4 hereof and the list of conformity assessment bodies and
testing laboratories for food safety designated by the Ministry of Agriculture
and Rural Development on the portal of the Ministry of Agriculture and Rural
Development.
b) prepare and submit consolidated reports on the
inspection of food safety and quality of imported salt to the Ministry of
Agriculture and Rural Development.
2. Departments of Agriculture and Rural Development
of provinces and central-affiliated cities shall:
a) instruct and assign their affiliated
departments/ agencies to carry out the inspection of imported salt by importers
in their management provinces or cities in accordance with regulations herein;
submit reports on assigned departments/ agencies to the Department of
Cooperatives and Rural Development for preparing the list of inspecting agencies;
b) take actions, within their competence, against
the imported salt shipments that fail to satisfy quality requirements and food
safety requirements (if any) in accordance with law regulations;
c) provide advice for the People’s Committees of provinces
and central-affiliated cities about dealing with the cases of imported salt
shipments that fail to satisfy quality requirements and food safety
requirements (if any) beyond their competence.
Article 10. Transition
Regulations on quality indicators provided in the
National Standard 9640-2013 – Industrial sodium chloride shall remain valid
until the National Technical Regulation on sodium chloride for industrial use
comes into force.
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1. This Circular comes into force from February 09,
2019 and supersedes the Circular No. 27/2017/TT-BNNPTNT dated December 25, 2017
by the Minister of Agriculture and Rural Development.
2. If national standards, national technical
regulations and legislative documents referred to in this Circular are amended,
supplemented or superseded, the new ones shall apply.
3. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of
Agriculture and Rural Development for consideration./.
PP. MINISTER
DEPUTY MINISTER
Tran Thanh Nam