THE MINISTRY
OF HEALTH
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SOCIALIST
REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
26/2012/TT-BYT
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Hanoi,
November 31, 2012
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CIRCULAR
STIPULATING
ON GRANT OF CERTIFICATE OF FOOD SAFETY QUALIFICATION ESTABLISHMENTS
FOR ESTABLISHMENTS OF PRODUCTION, TRADE OF FUNCTIONAL FOOD, FOOD STRENGTHENING
MICRONUTRIENT, FOOD ADDITIVES, FOOD PROCESSING ENHANCERS; NATURAL MINERAL
WATER, BOTTLED DRINKS; TOOLS, MATERIALS PACKING, CONTAINING FOODS UNDER
MANAGEMENT OF THE MINISTRY OF HEALTH
Pursuant to the 2010 Law of
Food safety;
Pursuant to the Goverment's
Decree No. 38/2012/ND-CP, of April 25, 2012 detailing a number of articles of
the Law of Food safety;
Pursuant to the Goverment's Decree
No. 63/2012/ND-CP, of August 31, 2012 defining the functions, tasks, powers and
organizational structure of the Ministry of Health;
At the proposal of Director of
the food safety and hygiene Bureau;
The Minister of Health
promulgates Circular stipulating on grant of certificate of foods safety qualification establishments in producing, trading foods under management of the
Ministry of Health.
Chapter I
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Article 1. Scope of regulation
This Circular stipulates on
dossiers of, procedures for, competence of grant of certificate of food safety qualification establishments (hereinafter referred to as the certificate) for
establishments of production, trade of foods including functional foods, foods
strengthening micronutrient, food additives, food processing enhancers; natural
mineral water, bottled drinks; tools, packings, tools in direct contact with
foods under management of the Ministry of Health (hereinafter referred to as
the establishments)
Article 2. Interpretation of
terms
In this Circular, the following
terms are construed as follows:
1. The small scale initial
production establishments mean establishments of
cultivation, breeding, harvesting and picking, fishing, exploitation of food
materials with scale of households, individuals.
2. The small scale food trading
establishments mean establishments trading food with
scale of households, individual households with or without the food business
registration certificate.
3. The establishments under
form of street vendors mean establishments trading
instant foods, cooked foods on the streets (no fixed location).
Chapter II
DOSSIERS OF, PROCEDURES FOR AND COMPETENCE OF GRANTING
THE CERTIFICATE OF FOOD SAFETY QUALIFICATION ESTABLISHMENTS
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Dossier applying for the
certificate is set in a book, including the following
papers:
1. Application for grant of
certificate of food safety qualification establishments (in according to the
Form 1 promulgated together with this Circular).
2. The certificate of Business
registration in which having registered for food business (copy with
confirmation of establishment).
3. The written explanation of
material facilities, equipment, and tools to ensure food safety condition (with
confirmation of establishment), includes:
a) Drawing of ground design
diagram of establishment and the surrounding areas;
b) Diagram of food manufacturing
process or process of product preservation, distribution and written explanation
of material facilities, equipment, and tools of establishment.
4. Written confirmation of
training knowledge on food safety of the owner of the
establishment and of persons directly
producing, trading foods:
a) For establishments having
less than 30 persons: To submit copies of written confirmation
(confirmed by establishment);
b) For establishments having 30
persons or more: To submit list of trained persons (confirmed by establish).
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a) For establishments having less
than 30 persons: To submit copies of written confirmations (confirmed by
the establishment);
b) For establishments having 30
persons or more: To submit the list of results of health examination,
stool culture test of the owner of establishment and of persons directly
producing, trading foods (confirmed by the establishment).
Article 4. Competence of
granting the certificate
1. The Food Safety Bureau grants for:
The establishments producing,
trading functional foods, foods strengthening micronutrient, food additives,
food processing enhancers, except the establishments of small scale production
and trade; other establishments in case having special demand (at the request
of countries importing products of the establishments).
2. The Food Safety Branches of central-affiliated cities and provinces grant for:
a) The establishments producing
and trading natural mineral water, bottled water, packings, tools in direct
contact with foods under scope of management of health sectors in their
localities;
b) The small scale establishments
producing functional foods, foods strengthening micronutrient, food additives,
food processing enhancers.
c) The small-scale establishments
trading functional foods, foods strengthening micronutrient, food additives,
food processing enhancers which having special product preservation
requirements.
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Agencies receiving dossiers shall
consider and appraise dossiers, appraise establishments and grant the
certificate for establishments having qualification of food safety. The
procedures for granting the certificate as follows:
1. Consideration and appraisal for
dossiers
a) Within 05 working days as from
receiving full dossiers, the agencies receiving dossiers must appraise and
consider the validity of dossiers and notice in writing to the establishments
in case dossiers are not valid;
b) If after 60 days, from the day
of receiving the notice of invalid dossier, the establishments fail to reply or
supplement, complete dossier as the request, the receipt agencies will cancel
dossiers.
2. Appraisal at establishments
a) After having valid result of
consideration and appraisal of dossier, the competent agencies shall appraise
the establishment within 10 working days. If authorizing appraisal at
establishments for an inferior competent agency, it must have written authorization;
b) Appraisal delegation at
establishments
- The appraisal delegation at
establishments is established under decision issued by agencies competent to
grant the certificate or agencies authorized for appraisal;
- The appraisal delegation for
condition of establishment includes from 5 to 9 persons (for establishments of
small scale food production and trade of from 3 to 5 persons) in which there
must be at least 2/3 members being officers doing works specialized in food
safety (may invite experts who have suitable specialist to participate in the
appraisal delegation at establishment).
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c) Content of appraisal at
establishments:
Comparing information and
appraising legality of dossier applying for grant of the certificate to
original dossier archived at establishments as prescribed; appraising the
condition on food safety at the establishment as prescribed and writing in the
form of record promulgated together with this Circular.
3. Grant of the certificate:
a) In case the establishment is
qualified on food safety as prescribed, the agency receiving dossier shall
grant the certificate made in according to the form promulgated together with
this Circular. For establishments producing and trading foods according
to season, the operation duration must be written clearly in the certificate;
d) In case an establishment has
not yet been qualified on food safety and must wait for completion, the content
and time for completion must be written clearly but not exceeding 60 days. The
appraisal delegation shall organize re-appraisal when the establishment has a
written confirmation that requirements on condition of food safety of the
appraisal delegation in prior time have been completed fully;
c) In case the establishments do
not meet requirements on food safety conditions, the agencies receiving dossier
shall notice in writing to the local management agencies for supervision
and require the establishments are not permitted to operate until being
grant the certificates. The establishments must submit dossier again in order
to consider grant of the certificate as prescribed.
Article 6. Renewal of the
certificate
1. Renewal of the certificate is
implemented in the following cases:
a) The certificate may be modified
if it is unexpired;
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2. The dossier applying for
renewal (a set) includes papers confirmed by the establishment as follows:
a) Application for renewal of the
certificate: (made in according to the Form 4 promulgated together with
this Circular);
b) The the latest minutes of appraisal
(copy confirmed by the establishment);
c) The certificate (original);
d) The lawful written indicating
above changes (notarized copy);
e) The confirmation of health
sufficiency, training knowledge on food hygiene safety of the new owner of the
establishment in case changing name of the owner of the establishment (copy
confirmed by the establishment).
3. Within 7 working days after
receiving dossier applying for renewal of the certificate, agency receiving dossiers
shall renew the certificate for the establishment; if refusal, it must be
informed in writing on reason of refusal for renewal of the certificate to the
establishment.
Article 7. Withdrawal of the
certificate
1. The certificates will be withdrawn
in the following cases:
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b) Having a decision of the
competent state agencies on change of the business lines at the old
establishment;
c) The establishment producing and
trading food is deprived the right to use the Certificate as prescribed by law
on administrative violation sanction in the field of food safety.
2. Competence of withdrawal:
a) Agencies granting the
certificates have competence of withdrawal of the certificates granted;
b) The superior competent agencies
have competence of withdrawal of the certificates which are granted by their
inferior agencies;
Article 8. Inspection after
granting the certificate
The agencies receiving dossiers
and competent functional agencies implement inspection after granting the
Certificate as follows:
1. Not more than twice/year for
establishments having been granted the certificates and had certificates of
GMP, HACCP, ISO 22000 and equivalent ones granted by competent agencies.
2. Not more than three times/ year
for establishments having been granted the certificates which are granted by
competent agencies.
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PROVISIONS FOR THE ESTABLISHMENTS PRODUCING AND
TRADING FOODS BEING SUBJECTS WHICH ARE NOT REQUIRED FOR GRANT OF THE
CERTIFICATE
Article 9. The establishments
being subjects which are not required for grant of the certificate
The establishments of production,
trade of functional foods, foods
strengthening micronutrient, food additives, food processing enhancers; natural
mineral water, bottled drinks; packings, tools in direct contact with foods
under the management scope of the Ministry of Health including:
1. The small scale initial
establishments of production of functional foods.
2. The small scale business
establishments having no requirement of special product preservation.
3. The establishments under form
of street vendors.
4. The establishments of trading
foods packed in advance not required special condition on preservation.
5. The establishments of trading
packings, tools in direct contact with food.
6. Drugstores which have been
granted the certificates of GPP satisfaction, trading functional foods, foods
strengthening micronutrient.
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1. The establishments being
subjects which are not required for grant of the certificate must elaborate the
plan on internal inspection, supervision on conditions of food safety of the
establishments at least once/year.
2. The Branches of food safety and hygiene of central-affiliated cities and provinces
and competent agencies implement inspection at the establishments not required
for grant of the certificate on their localities.
2. The frequency of inspection is
not more than four times/year for the establishments not required for grant of
the certificate.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 11. Effectiveness
1. This Circular takes effect on
January 15, 2013.
2. To annul the Decision No.
11/2006/QD-BYT, of March 09, 2006 of the Minister of Health on promulgation of
the “Regulation on issuance of qualification certificates of hygiene and food
safety for establishments of production, trade of food of high-risk” as from
the effectiveday of this Circular.
Article 12. Organization of
implementation
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2. The Departments of Health,
provincial-level Branches of food safety and hygiene shall guide, carry out
implementation of this Circular in their management localities.
FOR THE MINISTER OF HEALTH
DEPUTY MINISTER
Nguyen Thanh Long