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MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 3109/BCT-KHCN
Re: Guidance on food safety management
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Hanoi, April 20,
2018
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To: Departments of Industry and Trade
of provinces/ cities
On February 02, 2018, the Government promulgated
the Decree No. 15/2018/ND-CP on elaboration of some articles of the Law on food
safety to use as a substitute for the Decree No. 38/2012/ND-CP. On March 31,
2018, the Ministry of Industry and Trade has sent the Official Dispatch No.
2129/BCT-KHCN to Departments of Industry and Trade of provinces/ cities
providing guidance on the implementation of the Decree No. 15/2018/ND-CP
pending the promulgation of relevant documents on amendments and supplements.
However, the Ministry of Industry and Trade has
received many requests from Departments of Industry and Trade of provinces/
cities for provision of detailed guidance on some contents of the said Decree. In
order to perform uniform state management of food safety, the Ministry of
Industry and Trade makes this document to provide the following guidelines:
1. Micro food manufacturers:
Pursuant to regulations in Clause 16 Article 4 of
the Law on enterprises, the term “business” refers to “the
continuous performance of one, some, or all of stages of the investment process
such as manufacturing, selling of products or provision of services for the
purpose of making profits”. Therefore, micro food manufacturing is also a stage
of the micro food business process.
Pursuant to regulations of Clause 10 Article 3,
Clause 1 Article 12 of the Decree No. 15/2018/ND-CP, micro food sellers are not
required to obtain the certificate of food safety.
Micro food manufacturers and micro food sellers
must fulfill food safety requirements specified in Clause 1 Article 22 of the
Law on food safety.
2. Effect of the Circular No. 57/2015/TT-BCT dated
December 31, 2015 providing for food safety requirements to be satisfied by
micro food manufacturers under the state management of the Ministry of Industry
and Trade:
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Regulated entities of the Circular No.
57/2015/TT-BCT have been abrogated by regulations of Clause 1 Article 12 of the
Decree No. 15/2018/ND-CP.
Thus, the Circular No. 57/2015/TT-BCT dated December
31, 2015 of the Ministry of Industry and Trade is null and void.
3. Issuance of the certificate of food safety to a
seller that does not perform food manufacturing activities and whose products
are under the management of more than one authority:
Pursuant to regulations of Clause 9 Article 36 of
the Decree No. 15/2018/ND-CP, the Ministry of Industry and Trade shall be the
supervisory authority of a seller that does not perform food manufacturing
activities and whose products are under the management of more than one
authority (except for wholesale farm produce markets). Thus, competent food
safety authorities affiliated to the Ministry of Industry and Trade shall take
charge of appraise the fulfillment of food safety requirements and grant the
certificate of food safety to the seller in the said case (if such seller is
required to the certificate of food safety under regulations of Article 11 of
the Decree No. 15/2018/ND-CP).
4. Application for license for small-scale
manufacturing of alcohol for business purpose:
Pursuant to regulations of Clause 2 Article 154 of
the Law on promulgation of legislative documents, partial or entire contents of
a legislative document expire when it is amended by or replaced with another
legislative document which is promulgated by the same regulatory authority.
Hence, the components of an application for the
license for small-scale manufacturing of alcohol for business purpose submitted
by a household business (considered as micro food seller) prescribed in the
Decree No. 105/2017/ND-CP dated September 14, 2017 shall abide by provisions of
the Decree No. 15/2018/ND-CP regarding food safety management of micro food
sellers.
5. Issuance of the certificate of food safety to
supermarkets that engages in both manufacturing and selling of foods:
A supermarket that engages in both manufacturing
and selling of foods is required to obtain the only certificate of food safety
for both such activities from a regulatory authority affiliated to the Ministry
of Industry and Trade.
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BY ORDER OF
MINISTER DIRECTOR GENERAL OF DEPARTMENT OF SCIENCE AND TECHNOLOGY
DEPUTY DIRECTOR GENERAL
Nguyen Huy Hoan