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THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No: 19/1999/ND-CP
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Hanoi, April 10, 1999
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DECREE
ON THE PRODUCTION
AND SUPPLY OF IODIZED SALT FOR HUMAN USE
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30,1992;
Pursuant to the Law on the Protection of People’s Health of July 11, 1989;
In order to put an end to the iodine deficiency and diseases caused thereby,
positively contributing to the care and protection of people’s heath, raising
their intellectual standards and stepping up the socio-economic development;
At the proposal of the Health Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
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2. Edible salt and salt used in food preparation
must all be mixed with iodine according to the prescribed standards.
Article 2.- In this Decree, the following
terms shall be construed as follows:
1. Common salt is the non-iodized salt,
including grain salt, cooking salt, ground salt, rock salt and other types of
salt produced from sea water or exploited from salt mines.
2. Edible salt is the common salt mixed with
KIO3 (potassium iodate) according to prescribed standards to prevent goitre,
cretinism and other diseases caused by iodine deficiency.
3. Fake edible salt is the salt with edible salt
package, trade marks and labels but not reaching the prescribed standards.
Article 3.-
1. The production, trading in and circulation of
common salt do not fall within the scope of regulation by this Decree.
2. The policy on edible salt price and freight
subsidies for the mountain regions and islands shall comply with Decree
No.20/1998/ND-CP of March 31, 1998 of the Government.
Article 4.- The State bodies, the social
organizations and the mass media agencies shall have to propagate and educate
population so that they understand the usefulness of the mixture of iodine into
salt for human use and abide by the law provisions on the production and use of
edible salt.
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1. The Ministry of Agriculture and Rural
Development shall perform the function of State management over the production
of edible salt, decide on the national plan for edible salt production and
coordinate with the Ministry of Trade in organizing the circulation of assorted
edible salt throughout the country.
2. The Health Ministry shall grant edible salt
production eligibility and qualification certificates, supply potassium iodate
(KIO3) for edible salt processing, supervise the organization of production,
closely inspect the edible salt quality control, and guide people who cannot
take edible salt due to pathological reasons.
3. The Ministry of Trade shall perform the
function of State management over the circulation of edible salt on the market,
draw up plan for the expansion of edible salt circulation network and ensure
that the edible salt supply shall comply with policies, prescribed quality
standards and with the regulations on price.
Article 6.- The production of fake edible
salt is strictly forbidden.
Chapter II
CRITERIA AND CONDITIONS FOR EDIBLE SALT PRODUCTION
Article 7.- The cadres and workers of
edible salt production establishments shall have to meet the following
conditions:
1. Cadres in charge of technical and
professional management and testing officials of the edible salt production
enterprises must have professional diplomas or certificates of primary or
higher grade and must thoroughly grasp the edible production process.
2. Workers directly engaged in edible salt
production must be persons:
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b) Who have knowledge about food hygiene,
product quality, edible salt production process and labor safety techniques in
production.
Article 8.- The edible salt production
establishments must fully meet the following conditions:
1. The edible salt production location must be
hygienic and far from hazardous environment, with toilets and locker rooms
built separately for workers.
2. Workshops and warehouses for the production
and storage of edible salt must be built in a way to ensure the dryness,
cleanness, airiness, without being flooded or roof-leaking, with waste
discharge system ensuring the environmental hygiene, with the floor of
warehouses being cemented and the floor of workshops being paved with enameled
tiles. Workshops and warehouses must be linked together like a chain, from the
raw materials storehouses, mixing workshops to finished product storehouses.
3. The edible salt production establishments
must have a testing room fully equipped with instruments and chemicals to
determine the iodine quantity for each production batch. The testing cadres must
satisfy all criteria defined in Clause 1, Article 7 of this Decree.
4. The production establishments must be fully
equipped with labor safety and labor hygiene facilities for laborers as
prescribed by the labor safety legislation.
Chapter III
COMPETENCE AND PROCEDURES FOR GRANTING THE
CERTIFICATES OF ELIGIBILITY AND QUALIFICATIONS FOR EDIBLE SALT PRODUCTION
Article 9.- Organizations and individuals
wishing to produce edible salt must be granted the certificates of eligibility
and qualifications for edible salt production by the Health Ministry.
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1. The application for the certificate of edible
salt production eligibility and qualification.
2. The enterprise’s production plan, clearly
stating the location, professional equipment and facilities as well as material
and technical foundation.
3. Professional diplomas and testing
certificates of professional and technical cadres as well as testing officials.
4. Food hygience and safety certificate granted
by the prophylactic medicine center of the provincial/municipal Health Service.
5. The evaluation record and written
recommendation by the competent State body in the locality.
Article 11.-
1. Organizations and individuals, before
carrying out the procedures of application for registration to set up edible
salt enterprises or expand the edible salt business scale according to the
provisions of law, shall have to compile dossiers according to the provisions
in Article 10 of this Decree and send them to the competent State bodies of the
localities where the enterprises are headquartered, applying for the evaluation
of full eligibility and qualifications for edible salt production.
2. Within 20 days after fully receiving the
dossiers of application for the edible salt production eligibility and
qualification certificates, the competent State bodies in localities shall have
to complete the evaluation and send written recommendations to the Heath Ministry.
Within 20 days after receiving the evaluation results and written
recommendations from the competent State bodies, the Health Ministry shall
grant the edible salt production eligibility and qualification certificates.
3. After being granted the certificates of
edible salt production eligibility and qualifications, organizations and
individuals shall have to proceed with the procedures of application for the
establishment of salt enterprises or the expansion of business scale, and have
to make business registration as prescribed by laws.
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PROVISIONS ON EDIBLE SALT QUALITY CONTROL
Article 12.-
1. Edible salt produced for sale on the market
to users must be up to the quality standards set by the competent State bodies.
2. The Ministry of Science, Technology and
Environment shall, after consulting with the Health Ministry and the Ministry
of Agriculture and Rural Development, issue the standards of iodized fish
sauce, iodized soup seasonings and other iodized food products; and supplement
and amend a number of norms of material salt and edible salt, suitable to
international standards and technical conditions so as to protect the people�s health.
Article 13.- Edible salt is a goods item
subject to compulsory quality registration. The edible salt production
establishments shall have to register salt quality as prescribed. Edible salt
traders are allowed only to trade in edible salt made by production
establishments which have been already granted the production eligibility and
qualification certificates and registered their trade marks and product quality
according to the provisions of law.
Article 14.- Edible salt must be put in
bags which can keep salt tight close and protect quality during the process of
preservation, transport and storage.
Article 15.- The edible salt products
must bear labels with the following necessary information fully inscribed
thereon:
1. Name and address of the production and
processing establishment.
2. The quality registration number of the
production and processing establishment.
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4. Weight.
5. Instructions on preservation and use.
6. Date of production.
7. Use duration (not more than 12 months after
the production date).
Article 16.- The edible salt production
establishments shall have to examine the iodine content in the edible salt
before it is put out to sale according to the technical process of batch, lot
or working shift, and take responsibility for the quality of edible salt they
have turned out respectively.
Article 17.-
1. Edible salt, when being transported from the
production places to the sale places, must be packed in bags weighing not more
than 50 kg each. On the transport bags there must be symbols saying "chong
am" (anti-moisture), "chong rach"(anti-tear) and "tranh mua
nang" (keep away from rain and sunshine).
2. Edible salt must be transported by means with
lids to avoid heat and sunshine; the transport means must be hygienic.
Article 18.-
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2. When put on sale, the edible salt must be
kept at dry, well-ventilated places and away from sunshine, rain, heat and
moisture.
Chapter V
EXAMINATION, INSPECTION AND HANDLING VIOLATIONS
Article 19.- Edible salt producing and/or
circulating establishments shall be subject to examination and inspection by
various medical agencies and competent State management bodies.
Article 20.- Specialized medical and
trade inspectors and presidents of the People’s Committees of all levels are
competent to handle administrative violations in the production and supply of
edible salt according to the provisions of law.
Article 21.- Acts of administrative
violations committed by organizations and/or individuals producing and/or
supplying edible salt must be administratively sanctioned and subject to fine
levels as prescribed in Article 1 of Decree No.46/CP of August 6, 1996 of the
Government defining the sanction against administrative violations in the field
of State management over medical matters when there appears one of the
following acts of violating provisions of this Decree:
1. Producing edible salt without having the food
safety and hygiene certificate.
2. Violating regulations on transport of edible
salt.
3. Violating regulations on edible salt
preservation.
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Article 22.-
1. Warning or a fine of from 50,000 to 200,000
VN dong against any organization or individual that produces or trades in
edible salt and commits one of the following acts:
a) Failing to abide by the regulations on
personal hygiene for the laborers.
b) Letting laborers who are suffering from
contagious and/or skin diseases to be directly engaged in the production of
edible salt.
c) Failing to organize training on food safety
and hygiene for laborers.
d) Trading in edible salt which does not meet
the quality standards set by the State.
2. A fine of from 1,000,000 to 3,000,000 VN dong
for one of the following acts:
a) Failing to examine the idione contents in
edible salt before it is put out for sale.
b) Failing to fully provide testing instruments
and chemicals.
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a) Producing edible salt which fails to meet the
quality standards prescribed by the State.
b) Labeling common salt as the edible salt.
4. Organizations or individuals that commit acts
of using certificates of units meeting the food safety and hygiene standards,
production licenses and/or edible salt business licenses for the wrong purposes
shall be subject to the following penalties:
a) A fine of from 3,000,000 to 10,000,000 VN
dong.
b) Being stripped of the right to use the
certificate of unit meeting the food safety and hygiene standards, the
production licenses or the edible salt business licenses.
c) Forcible reprocessing of edible salt if it
fails to meet the prescribed standards; or destruction of edible salt if it is
fake.
5. For acts mentioned in Point d, Clause 1,
Points a and b, Clause 3, this Article, additional sanctions shall also apply,
including stripping of the right to use the certificates of edible salt
production eligibility and qualifications, establishment permits and business
licenses.
6. In addition to the above forms of sanction,
organizations and/or individuals committing acts mentioned in Clauses 2, 3,
Article 21, Point d of Clause 1, Point a of Clause 2 and Clause 3, this Article
shall also be subject to one of the following measures:
a) Being compelled to destroy fake edible salt
mixed with components other than iodine.
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Article 23.- For acts of producing and/or
trading in fake edible salt, if having enough signs to constitute a crime, the
State bodies competent to sanction administrative violations shall have to
transfer the dossiers to the judiciary agencies for penal liability examination
as prescribed by laws.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 24.- This Decree takes effect 15
days after its signing. All previous regulations contrary to the regulations of
this Decree are now annulled.
Article 25.- The ministers, the heads of
the ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
THE GOVERNMENT
Phan Van Khai