|
MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No. 32/2022/TT-BNNPTNT
|
Hanoi, December
30, 2022
|
CIRCULAR
AMENDING CIRCULARS ON ASSESSMENT AND
CERTIFICATION OF COMPLIANCE WITH FOOD SAFETY REGULATIONS OF
AGRO-FORESTRY-FISHERY FOOD MANUFACTURING AND TRADING BUSINESSES UNDER THE
MANAGEMENT OF MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to the Law on Food
Safety dated June 17, 2010;
Pursuant to the Law on
Quality of Products and Goods dated November 21, 2007;
Pursuant to Decree No.
132/2008/ND-CP dated December 31, 2008 of the Government of Vietnam elaborating
certain articles of the Law on Product and Goods Quality; Decree No.
74/2018/ND-CP dated May 15, 2018 of the Government amending Decree No.
132/2008/ND-CP; 13/2022/ND-CP dated January 21, 2022 of the Government amending
Decree No. 132/2008/ND-CP and Decree No. 86/2012/ND-CP dated October 19, 2012
of the Government providing for detailed regulations and implementation
guidance on certain articles of the Law on Measurement;
Pursuant to Decree No.
15/2018/ND-CP dated February 02, 2018 of the Government elaborating on certain
Articles of the Law on Food Safety;
Pursuant to Decree No.
105/2022/ND-CP dated December 22, 2022 of the Government of Vietnam on
functions, tasks, powers and organizational structure of the Ministry of
Agriculture and Rural Development of Vietnam;
At the request of the
Director General of the National Agro-Forestry-Fisheries Quality Assurance
Department,
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 1. Amendments to
certain Articles of Circular No. 38/2018/TT-BNNPTNT dated December 25, 2018 of
the Minister of Agriculture and Rural Development providing for assessment and
certification of compliance with food safety regulations of
agro-forestry-fishery food manufacturing and trading businesses under the
management of Ministry of Agriculture and Rural Development (hereinafter
referred to as “Circular No. 38/2018/TT-BNNPTNT”) are as follows:
1. Amendments
to Point b Clause 2 Article 10:
“b. Have already taken part in
professional and skill training and refresher training courses in the
assessment sector and other assessor training courses.”
2. Amendments
to Article 11:
“Article 11. Fees
Collection of fees for the
assessment serving the purposes of granting food safety certificates and fees
for the assessment designed for the periodic evaluation of conformance to
requirements for compliance with food safety regulations shall be subject to
laws on fees and charges”.
3. Amendments
to Clauses 3, 4 and 5 Article 17:
“3. Application documentation
for food safety certificates shall comply with the regulations in Clause 1
Article 36 of the Law on Food Safety.
Regarding components of the
documents prescribed in points b, d and dd Clause 1 Article 36 of the Law on
Food Safety, the business shall send them when the documents are submitted or
provide them to the assessment team while directly assessing the business.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Reissue of food safety
certificates shall comply with the regulations in Clause 2 Article 37 of the
Law on Food Safety.”
4. Amendments
to Article 18:
“Article 18. Grant of
certificates of food safety training
1. Certificates of food safety
training granted to business owners and food handlers shall be confirmed by the
business owners.
2. Entities awarded
certificates of food safety training include:
a) Business owners: The
business owner or the person hired or authorized by the business owner to
directly manage agro-forestry-fishery food business activities;
b) Food handlers: Persons
directly involved in stages of manufacturing and trading of
agro-forestry-fishery food products at businesses.”
5. Amendment
to Clause 5 Article 24:
“5. Pay fees for the assessment
serving the purposes of granting food safety certificates, fees for the
assessment designed for the periodic evaluation of conformance to requirements
for compliance with food safety regulations in accordance with regulations in
force.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Annul Clause 7 of Article
17;
b) Annul Appendix V and
Appendix VI;
c) Supplement Record of the assessment
of conformance to requirements for compliance with food safety regulations of
salt manufacturing businesses (Form No. BB2.8) to Appendix I enclosed herewith;
d) Replace Record of the
assessment of conformance to requirements for compliance with food safety
regulations of aquaculture facilities (Form No. BB 1.3 Appendix II of Circular
No. 38/2018/TT-BNNPTT) by Form No. BB1.3 in Appendix I enclosed herewith;
replace the Record of the assessment of conformance to requirements for
compliance with food safety regulations of salt, iodized salt – Food salt
processing businesses (Form No. BB 2.6 Appendix III of Circular No.
38/2018/TT-BNNPTNT) by Form No. BB 2.6 in Appendix I enclosed herewith; replace
Record of the assessment of conformance to requirements for compliance with
food safety regulations of salt trading businesses
Article 2. Amendments to
certain Articles of Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013 of
the Minister of Agriculture and Rural Development on inspection and certification
of the safety of fishery food products for export (hereinafter referred
to as "Circular No. 48/2013/TT-BNNPTNT)”):
1. Amendments
to Article 1:
“Article 1. Scope
1. Application and procedure
for assessment of food safety to add a fishery food business operator
(hereinafter referred to as “business operator”) to the list of qualified
exporters to countries and territories in which a certificate of safety of
fishery food products for export granted by the National Argo – Forestry -
Fisheries Quality Assurance Department (hereinafter referred to as “NAFIQAD”)
is required (hereinafter referred to as “list of qualified exporters”);
issuance and revocation of Certificate of eligibility for food safety
(hereafter referred to as “certificate of food safety”) shall comply with
regulations of the Law on Food Safety.
2. Application and procedure
for assessment and issuance of certificate of safety of fishery food products
for export (hereinafter referred to as “certificate”) at the request of the
importing country or territoty.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“a) Business operators have
shipments exported to countries or territories in which certificates granted by
NAFIQAD are required;”
3. Amendment
to Point a Clause 3 of Article 2:
“a) Business operators have
shipments consumed domestically; those have shipments exported to countries or
territories in which certificates granted by NAFIQAD are not required;”
4. Amendments
to Article 5:
“Article 5. Authorities in
charge of assessment
Authorities in charge of
assessment, issue and revocation of food safety certificates and authorities in
charge of assessment and issue of certificates: Forestry - Fisheries
Quality Assurance Department and other agencies and units affiliated to the
Department (hereinafter referred to as “assessment authority”).”
5. Amendments
to Article 6:
“Article 6. Requirements for
inspectors and heads of assessment teams”
6. Amendments
to Point b Clause 1 Article 6:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
7. Amendments
to Article 9:
“Article 9. Fees
Collection of fees for the
assessment serving the purposes of granting food safety certificates to
business operators, fees for the assessment serving the purpose of periodical
evaluation of conformance to requirements for compliance with food safety
regulations, fees for assessment serving the purpose of granting a Certificate
for export shipments of fishery food products specified in this Circular shall
comply with the applicable regulations."
8. Amendment
to the name of Chapter II:
“CHAPTER II. Assessment of conformance to requirements for
compliance with food safety regulations”
9. Amendments
to Article 10:
“Article 10. Application and
report on changes of information
1. An application for the food
safety certificate and addition to the list of qualified exporters prescribed
in Clause 1 Article 36 of the Law on Food Safety includes:
a) Application form for
granting food safety certificates using the Form prescribed in Appendix I;
Report on material business operators, equipment and tools used for ensuring
the conformance to requirements for compliance with food safety regulations under
the corresponding schedule in Appendix II enclosed herewith;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. In case the application is
rejected and the business operator is added to the list of qualified exporters,
the business operator shall make a rectification report using the Form
specified in Appendix III enclosed herewith.
3. In case of assessment
serving the purpose of periodical evaluation of conformance to requirements for
compliance with food safety regulations prescribed in Point a Clause 2 Article
12 hereof, the business operator shall send a report on the change in
information using the corresponding schedule specified in Appendix II enclosed
herewith.
4. The business operator shall
send 01 application to the assessing agency in person or by post, by email or
online. The business operator shall submit the documents specified in Point b
Clause 1 of this Article when submitting its application or provide them for an
assessors' team during site inspection.”
10. Amendments
to Article 11:
"Article 11. Processing
applications
1. Within 03 working days after
receiving the application from the business operator, the assessing agency
shall examine the adequacy and conformity of the application and guide the
business operator to make an addition to the missing contents as well as a
correction as prescribed.
2. The assessing agency shall
notify the business operator of the scheduled time for carrying out site
inspection within 07 working days after fully receiving the valid application.”
11. Amendments
to Article 12:
“Article 12. Assessment
forms
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Assessment serving the
purpose of granting food safety certificates: applicable to business operators
that are not specified in Clause 1 Article 12 of Decree No. 15/2018/ND-CP dated
February 02, 2018 of the Government elaborating certain Articles of the Law on
Food Safety and do not have food safety certificates; business operators that
have food safety certificates revoked; business operators that have food safety
certificates valid for less than 06 months; business operators have changes in
information of their food safety certificates due to the change in their food
safety and quality management systems;
b) Assessment serving
supplementation of the list of qualified exporters: applicable to business
operators that are not specified in Point a Clause 1 of this Article and have
not been added to the list of qualified exporters.
2. Business operators on the
list of qualified exporters shall undergo periodic food safety assessment in
the following cases:
a) The business operator wishes
to export to an additional market that requires such a list; the business
operator's food safety conditions are changed: undergo assessment after such
business operator submits its application as prescribed in Clause 3 Article 10
of this Article.
b) Business operators that are
not prescribed in Point a Clause 2 of this Article: undergo assessment without
previous notice with a frequency of one time every 18 months for class 1 and
class 2 business operators and of one time every 12 months for class 3 business
operators.".
12. Amendments
to Point d Clause 1 Article 14:
“d) Taking of samples for
verification of food hygiene control measures during the production process in
accordance with Appendix IV issued together with this Circular.”
13. Amendments
to Article 17:
“Article 17. Processing of
assessment results
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Assessment serving the
purposes of granting food safety certificates and addition to the list of
qualified exporters:
a) With regard to a business
operator which obtains a “passed” result (classes 1, 2 and 3), the assessment
authority shall notice the result, grant a code according to Appendix VII
enclosed herewith; add the business operator to the list of qualified
exporters, consolidate to require the competent authority of the importing
country to add the business operator to the list of business operators
permitted to export to the corresponding market; grant a Food Safety
Certificate using the Form prescribed in Appendix VI enclosed herewith for
facilities which are not eligible for certificate exemption as prescribed in
Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP dated February 02, 2018
of the Government elaborating certain Articles of the Law on Food Safety.
b) With regard to a business
operator which obtains a “failed” result (Class 4): the assessment authority
shall notice the result, require the business operator to comply and submit a
report on results after correct non-conformance; revoke the Food Safety
Certificate that is still valid (if any).
2. Assessment serving the
purpose of periodical evaluation of conformance to requirements for compliance
with food safety regulations:
a) With regard to a business
operator which obtains the “passed” results (classes 1, 2 and 3), the
assessment authority shall notice the result, consolidate to request the
competent authority of the importing country to update the information (if
necessary);
b) With regard to a business
operator which obtains a “failed” result (Class 4): the assessment authority
shall notice the result, request the business operator to comply and submit a
report on results after correct non-conformance; revoke the Food Safety
Certificate that is still valid (if any).
3. Assessment with taking of
samples for verification of food hygiene control measures during the production
process:
a) Within 01 working day from
the date on which it is concluded that the testing result fails to satisfy
regulations, the assessing authority shall send a request to the business
operator for correction to non-performance. The assessment
authority shall define the time limit for corrective action of non-conformance
and taking of sample for re-testing based on extent of non-conformance of the
business operator.
b) If the result of re-testing
fails to satisfy regulations, the assessment authority will decide to inspect
surprisely the conditions for food safety of the business operator.”.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“1. A business operator will
have its certificate of food safety revoked if it falls into the cases
prescribed in Clause 2 Article 34 of the Law on Food Safety.”
15. Amendment
to Point c Clause 1 of Article 19:
“c. The business operator
applies for adjusting its name and address specified in the Certificate of Food
Safety without changing the system for food safety and quality management.”
16. Amendment
to Clause 1 Article 20:
“1. The program includes
activities of assessment and issuance of certificate of fishery food products
exported to countries and territories in which the competent authority of the
importing country requires NAFIQAD to assess and issue the certificate to
shipments according to the list of countries and territories prescribed in
Appendix IX of this Circular.”
17. Amendment
to Point a Clause 3 of Article 20:
“a) Satisfy requirements for
food safety of Vietnam;”
18. Amendments
to Article 21:
“Article 21. List of
qualified exporters
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. A business operator will be
taken out of the list of qualified exporters if:
a) The business operator sends
a written request for withdrawing its name from the list of exporters;
b) The business operator fails
to continuously satisfy criteria for taking part in the Program for
certification of fishery food products for export as prescribed in Clause 3
Article 20 of this Circular or the competent authority of the importing country
requests a withdrawal from the corresponding list of qualified exporters.”
19. Amendments
to Clauses 2, 3 and 4 Article 22:
“2. NAFIQAD shall make a
priority list of business operators that fulfill the following criteria until
the time of consideration:
a) The business operator is
defined in the list of qualified exporters;
b) The business operator is
classified in class 1 or class 2 of conditions for food safety;
c) The business operator
exports at least 5 shipments without any violations against food safety
regulations detected by the competent authority of Vietnam or of the importing
country during at least 03 months from the date on which the business operator
is classified in class 1 or class 2.
3. A business operator will be
removed from the priority list if:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) The business operator fails
to obtain a certificate as prescribed in Point c Clause 1 Article 26 of this
Circular;
c) The business operator has
its shipments that fail to satisfy the criteria for food safety that are
detected by the competent authority of Vietnam or of the importing country,
including: microorganisms, parasites causing disease; residues of environmental
pollutants, veterinary drugs, pesticides, chemicals, additives, processing
aids, biological toxins, allergens;
d) The business operator faces
an additional penalty for suspension of production or fixed-term suspension of
its certificate of food safety as prescribed in laws on handling of
administrative violation against food safety regulations.
4. A business operator may be
inserted against to the priority list if:
a) The business operator
satisfies the conditions prescribed in Point a and Point b Clause 2 of this
Article;
b) The business operator has
its shipments that are not detected in violation of food safety during at least
03 months after completing the report on results of investigating reasons and
taking actions to correct non-performance that are approved by the assessment
authority or after completely executing the Decision on suspension of
production or measures to handle violations as prescribed by laws for the
business operator prescribed in Point d Clause 3 of this Article.”
20. Amendment
to Clause 1 Article 25:
“1. Each export shipment is
granted a certificate using the corresponding form of the importing country and
a certificate using the form of the country where the shipment is transmitted,
temporarily imported and re-exported (on request) that have contents suitable
to and consistent with the certificate of the importing country.”
21. Amendments
to Article 26:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. The assessment authority
shall not issue certificates for export shipments produced by the following
business operators:
a) A business operator that is
requested to suspend importing by the competent authority of the importing
country or faces a penalty for suspension of certificate issuance and
suspension of export according to regulations promulgated by the Ministry of
Agriculture and Rural Development at the request of the importing country;
b) A business operator is
classified in class 4 of food safety;
c) A business operator is
suspended from production as prescribed in Article 30 and Article 33 of the Law
on Product and Goods Quality or regulations of the Government on handling of
administrative violations against food quality and safety regulations.
2. The business operators
specified in Clause 1 of this Article shall be continued to be granted
certificates when they satisfy the following requirements:
a) The business operator has
taken actions to correct non-performance according to the request of the
assessment authority and the corrective action’s effectiveness is verified and
confirmed by the assessment authority. Besides, the business operator has its
suspension of import eliminated by the competent authority of the importing
country or territory;
b) The business operator
specified in Point b Clause 1 of this Article must obtain the “passed” result
of the food safety assessment;
c) The business operator
prescribed in Point c Clause 1 of this Article must have completely executed
the Decision on suspension of production or measures to handle violations as
prescribed by laws.
22. Amendment
to Point c Point d Clause 1 of Article 27:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
According to the analysis of
risks or new regulations of the importing country, NAFIQAD shall report to the
Ministry of Agriculture and Rural Development to consider adjusting and
updating the contents prescribed in regulations in Appendix X accordingly;
d) Position of taking of
samples: On production lines, at warehouses of a producer or other warehouses
meeting conditions for food safety as prescribed by the corresponding importing
country.”
23. Amendments
to Point a Point b Clause 1 Article 28:
“a) Within 2 days from the date
on which the shipment is exported or on the basis of regulations of the
importing country on the date of issuing the certificate, the owner shall apply
for granting a certificate using the form prescribed in Appendix XII enclosed
herewith;
b) The owner shall send an
application to the assessment authority in person, by post, by email (the
original document shall be sent subsequently) or via online registration;"
24. Amendment
to Clause 2 Article 28:
“2. Assessment and issuance of
certificates:
Within 01 working day after
receiving sufficient information, the assessment authority shall process the
application and issue a certificate for the export shipment, a certificate for
the shipment transited, temporarily imported and re-exported using the
corresponding form (on request) that are conformable with the certificate of
the importing country on the basis of reviewing the food safety inspection
results specified in Article 27 of this Circular or reject the application and
provide explanation.”
25. Amendment
to Clause 3 Article 29:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
26. Amendment
to Clause 1 Article 30:
“1. The assessment authority
shall assign inspectors to assess and take samples of the shipment within 02
working days from the date requested by the owner or the date agreed by the
owner and the assessment authority."
27. Amendment
to Clause 3 Article 31:
“3. Within 03 working days from
the date on which the report of the business operator is received, the
assessment authority shall verify the contents of the report and send a written
notice about the assessment result to the business operator. If the
verification must be carried out at the business operator, the assessment
authority shall comply and notify the business operator of the result within 07
working days from the date on which the report of the business operator is
received.”
28. Amendments
to Article 32:
“Article 32. Assessment and
issuance of certificates
1. Within 02 days from the date
on which the shipment is exported or on the basis of regulations of the
importing country on the date of issuing the certificate, the owner shall
provide in writing sufficient information defined in the form of certificate
according to the requirement of the competent authority of the importing
country or territory to the assessment authority which shall consider issuing
the certificate. Within 01 working day from the date on which the
sufficient information is received, the assessment authority shall issue the
certificate to the export shipment, the certificate to the shipment transited,
temporarily imported and re-exported using the corresponding form (on request)
if the assessment or testing results of the shipment are satisfactory. If
the shipment includes live/fresh/chilled fishery food products, The assessment
authority shall be permitted to issue certificate to the shipment pending the
testing results and handle the testing results as prescribed in Clause 2
Article 31 of this Circular.
2. After 90 days from the date
of assessment, if the owner does not provide sufficient information to the
assessment authority which shall consider assessing and issuing the
certificate, the owner must apply for assessment as prescribed in Article 29 of
this Circular."
29. Amendments
to Article 33:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. If the certificate is lost
or damaged or changed (except for changes in identity of the product, volume,
specification, origin tracing of the shipment, assessed and certified contents
about food quality and food safety/aquatic disease safety specified in the
issued certificate) or there is a request of the competent authority of the
import/ transit/temporary import and re-export country or territory, the owner
shall make a written request for reissuance of the certificate in which the
reasons for the request must be clarified and submit it to the assessment
authority in person, by post or by email.
2. The assessment authority
shall reissue the certificate within 01 working day from the date on which the
written request of the owner is received or issue a written refusal to reissue
with clear reasons for that and send it to the owner.
3. The reissued certificate
includes the certified contents about the identity of the product, volume,
specification, origin tracing of the shipment that are the same as those of the
original certificate; it is numbered according to the regulations in Appendix
XI enclosed herewith and has a note: "Chứng thư này thay thế cho Chứng thư
số …, cấp ngày …" (“This certificate replaces the Certificate No. [ ]
issued on [ ]”) or is noted as prescribed by the import/transit/temporary import
and re-export country."
30. Amendments
to Article 35:
“Article 35. Supervision of
the shipment post assessment and certification
1. The assessment authority
shall supervise the shipment post assessment and certification through the
following activities:
a) Cooperate with the Customs
authority;
b) Combine the assessment of
the conditions for food safety for the business operator; assessment and
certificate of the export shipment; verification and evaluation of the tracing
and investigation of reasons, establishment and taking of corrective actions if
the business operator's product or shipment fails to satisfy food safety
requirements;
c) Conduct thematic
verification, inspection and supervision at the direction of the Ministry of
Agriculture and Rural Development.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. If any violation is
detected, the assessment authority shall consider, prepare and submit a record
and a minute of administrative violation to the person competent to handle
administrative violations as prescribed by the applicable regulations of law;
submit a document on termination of the issued certificate to the relevant
parties in the same time.”
31. Amendments
to Article 36:
“Article 36. Dealing with
cases in which the shipment is warned
1. Within 03 working days from
the date on which the official warning of the competent authority of the
importing country is issued, the assessment authority shall send a written
request for the following contents:
a) Conduct traceability of the
shipment, investigate the reasons for shipment’s failures to ensure the food
safety; set up and take the corrective action and submit a report to the
assessment authority using the Form in Appendix XVII enclosed herewith. Conduct
traceability, withdraw and handle products that do not satisfy the food safety
regulations (for cases of withdrawal) according to Circular No.
17/2021/TT-BNNPTNT dated December 20, 2021 of the Minister of Agriculture and
Rural Development providing for traceability, withdrawal and handling of food
products that do not satisfy the food safety regulations under the management
of the Ministry of Agriculture and Rural Development;
b) Suspend the export to the
corresponding importing countries in case of request of the competent authority
of the importing country or according to the regulations of the Ministry of
Agriculture and Rural Development;
c) Comply with the regulations
on taking of samples for testing of violating food safety standards and be
under the supervision of taking corrective action of the assessment authority
for each export shipment of the corresponding violating product that is
produced by the business operator until the assessment authority accepts in
writing the report on results of the investigation and corrective action of the
business operator.
2. Within 03 working days from
the date on which the report on results of the investigation and corrective
action of the business operator is received, the assessment authority shall
verify the contents of the report and send a written notification of the
results of verification to the business operator. If the verification
must be carried out at the business operator, the assessment authority shall carry
out and notify the business operator of results within 07 working days from the
date on which the report of the business operator is received.”
32. Amendment
to Point a Clause 1 of Article 37:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
33. Amendments
to Article 39:
“Article 39. Inspectors
assessing food safety
1. Responsibilities:
a) Comply with regulations on
contents of, procedures, measures and bases for assessment of food safety of
the business operator in accordance with regulations of this Circular;
b) Ensure the security of
information related to production and business of the business operator and
ensure the accuracy, transparency, honesty, objectivity and non-discrimination
during the process of performance of the tasks;
c) Not make a request for
contents outside the regulations to create difficulties for the business operator;
d) Comply with the assignment
of the head of assessment team and the head of the assessment authority; be
accountable to the head of assessment authority and take the legal
responsibility for the result of assessment.
2. Entitlements:
a) Request the business
operator to provide documents and samples/specimens (if any) serving the
assessment;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Make a record and propose
measures for taking action against violations of regulations on food safety of
the business operator;
d) Reserve his/her personal
opinions and report to the assessment authority if he/she does not agree about
the conclusion of the head of assessment team prescribed in Point b, Clause 2
Article 40 of this Circular.”
34. Addition
of Article 39a:
“Article 39a.
Inspectors assessing and certifying the food safety and quality
1. Responsibilities:
a) Comply with regulations on
contents of, procedures, measures for assessment and taking of samples for
verification of food hygiene control measures, taking of samples for testing of
the export shipment in accordance with regulations of this Circular;
b) Ensure the security of
information related to production and business of the business operator and
ensure the accuracy, transparency, honesty, objectivity and non-discrimination
during the process of performance of the tasks;
c) Not make a request for
contents outside the regulations to create difficulties for the business
operator;
d) Be accountable to the head
of assessment authority and take the legal responsibility for the result of
assessment.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Request the owner to provide
documents, dossiers and samples (if any) serving the assessment and taking of
samples for certification;
b) Come in and out places of
production and preservation and warehouse; process the application, take
samples, take photos and record necessary information to serve the assessment;
c) Make a record and propose
measures for taking action against violations of regulations on food safety and
quality of the owner and producer;
d) Refuse to carry out
assessment in case the owner or producer does not completely fulfill its
responsibilities as prescribed in Point b and Point c Clause 1 Article 38 of
this Circular.”
35. Amendments
to Article 40:
“Article 40. The head of an
assessment team
1. During the process of
performance of assigned tasks, apart from the responsibility of an inspector prescribed
in Clause 1 Article 39 of this Circular, the head of an assessment team shall:
a) Direct and assign tasks to
assessors of the assessment team in order to fully implement contents if the
decision on establishment of the assessment team;
b) Analyze opinions and results
of the assessment given by assessors of the assessment team and come to the
final conclusion and specify it in the assessment record;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. During the process of
performance of assigned tasks, apart from the entitlement of an inspector
prescribed in Clause 2 Article 39 of this Circular, the head of an assessment
team has the power to:
a) Suggest the head of
assessment authority to issue a decision on change of the assessment team’s
members in order to fully implement contents of the decision on establishment
of the assessment team;
b) Come to the final conclusion
of the assessment team about the result of assessment.”
36. Amendments
to Point b Clause 1 Article 41:
“b) Provide a training in
profession related to processing of application, actual assessment visit,
issuance of certificate of food safety as well as assessment and issuance of
certificate of the export shipment of fishery food products for inspectors;
37. Amendments
to the following phrases:
a) Replace the phrase
“inspection” by “assessment" in the following Points, Clauses, Articles
and Appendices: Point b Clause 1, Clause 2, Point c Clause 3 Article 2; Clause
3 Article 3; Article 4; Point b Clause 1, Clause 2 Article 6; Article 13;
Article 14; Article 15; Name of Chapter III; Point b Clause 1, Clause 2 Article
23; Clause 1 Article 29; Article 30; Article 31; Article 37; Article 38;
Article 41; Article 42; Article 43; Schedules 5b-1, 5b-2, 5b-3, 5b-4, 5b-5,
5b-6, 5b-7, 5b-8 enclosed with Appendix V of Circular No. 48/2013/TT-BNNPTNT;
b) Replace the phrase “inspection
authority" by “assessment authority” in the following Points, Clauses,
Articles and Appendices: Clause 1 Article 13; Point e Clause 1 Article 15;
Clause 6 Article 22; Clause 1, Clause 2 Article 23; Point c Clause 3 Article
24; Clause 2, Clause 3 Article 27; Clause 5 Article 29; Clause 1, Clause 2
Article 31; Article 34; Point dd Clause 1, Point c Clause 2 Article 37; Article
38; Point c Clause 2 Article 41; Article 42; Point c Clause 1 Article 43;
Appendices VIII, XV, XVI of Circular No. 48/2013/TT-BNNPTNT;
c) Annul the phrase “charges”
in Point g Clause 1 of Article 37;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) Replace the phrase
“instruction, inspection, assessment and evaluation for classification” by
“instruction in assessment of food safety” in Appendix V, Schedules 5b-1, 5b-2,
5b-3, 5b-4, 5b-5, 5b-6, 5b-7, 5b-8 enclosed with Appendix V of Circular No.
48/2013/TT-BNNPTNT.
38. Replace
Appendix I by Appendix II enclosed herewith; Appendix II by Appendix III
enclosed herewith; Appendix III by Appendix IV enclosed herewith; Appendix IV
by Appendix V enclosed herewith; Appendix VI by Appendix VI enclosed herewith;
Appendix VII by Appendix VII enclosed herewith; Appendix IX by Appendix VIII
enclosed herewith; Appendix X by Appendix IX enclosed herewith; Appendix XI by
Appendix X enclosed herewith; Appendix XII by Appendix XI enclosed herewith;
Appendix XIII by Appendix XII enclosed herewith; Appendix XVII by Appendix XIII
enclosed herewith.
Article 3. Entry into force
1. This Circular comes into
force from February 15, 2023.
2. Circular No.
02/2017/TT-BNNPTNT dated February 13, 2017 of the Minister of Agriculture and
Rural Development on amendments to some Articles of Circular No.
48/2013/TT-BNNPTNT dated November 12, 2013 on inspection and certification of
the safety of fishery food products for export; Circular No. 16/2018/TT-BNNPTNT
dated October 29, 2018 amending certain Articles of Circular No.
48/2013/TT-BNNPTNT dated November 12, 2013 of the Minister of Agriculture and
Rural Development and Circular No. 02/2017/TT-BNNPTNT dated February 13, 2017
of the Minister of Agriculture and Rural Development amending certain Articles
of Circular No. 48/2013/TT-BNNPTNT are invalid from the date on which this
Circular comes into force.
3. The application for
assessment and certification of food safety or assessment and certification of
a shipment of fishery food products submitted before the date on which this
Circular comes into force shall comply with the regulations of law that are
effective at the date of submitting the application.
4. In case the legislative
documents referred to this Circular are amended or replaced, the newest
document shall be applied.
5. Difficulties arising in the
period of implemetation of this Circular should be promptly reported to the
Ministry of Agriculture and Rural Development (via NAFIQAD) for consideration
and decision./.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
PP. MINISTER
DEPUTY MINISTER
Tran Thanh Nam