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MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF
VIETNAM
Independence - Freedom – Happiness
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No: 12/2015/TT-BNNPTNT
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Hanoi, March 16, 2015
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CIRCULAR
PROVIDING GUIDANCE ON FOOD SAFETY INSPECTION OF GOODS
ORIGINATING FROM IMPORTED PLANTS
Pursuant to the Law of Food safety No.
55/2010 / QH12 approved by National Assembly on June 17, 2010;
Pursuant to the Government's Decree No.
38/2012/NĐ-CP dated April 25, 2012, detailing the implementation of some
articles of the Law of Food safety;
Pursuant to the Government’s Decree No.
199/2013 / ND-CP dated November 26, 2013 defining the functions, tasks,
entitlements and organizational structure of the Ministry of Agriculture and
Rural development ;
Pursuant to Joint-Circular No. 13/2014 /
TTLT-BYT-BNNPTNT-BCT dated April 9, 2014 providing guidance on the assignment
and cooperation in state management of food safety;
At the request of the Director of the
National Agro - Forestry - Fisheries Quality Assurance Department, the Director
of Plant Protection Department ,
The Minister of Agriculture and Rural
development promulgates the Circular providing guidance on food safety
inspection of goods originating from imported plants
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GENERAL PROVISIONS
Article 1. Scope of
regulation
1. This Circular stipulates inspection methods,
procedures for registration, inspection of food safety for goods originating
from plants used for food(hereinafter referred to as goods) imported into
Vietnam under the management of the Ministry of Agriculture and Rural
Development; responsibilities and powers of the parties involved;
2. Goods under the Scope of regulation of this
Circular are foods originating from plants specified in Appendix 2 of the
Joint-Circular No. 13/2014 / TTLT-BYT-BNNPTNT-BCT dated April 9, 2014 providing
guidance on assignment and cooperation in state management of food safety;
3. This Circular does not regulate contents,
provisions relating to plant quarantine.
Article 2. Regulated
entities
This Circular shall be applied to domestic and
foreign organizations and individuals whose operations relate to the production
and trading goods originating from plant used for food imported into Vietnam
under the management of Ministry of Agriculture and Rural Development.
Article 3. Imported goods
exempted from food safety inspection
1. Hand goods for personal consumption of
eligibility for import tax exemption;
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3. Transited goods;
4. Goods sent in bonded warehouses;
5. Goods being samples for test, research;
6. Goods are exhibits in fairs and exhibitions.
Article 4. Interpretation of
terms
In this Circular, the following terms shall be
interpreted as follows:
1. Imported goods batches are goods of
the same type, same origin and registered import inspection once;
2. Importing organizations and individuals (hereafter
referred to as importers are legal owners (direct or authorized) managing of
imported goods;
3. Violation of food safety regulations means
goods are detected wrong types or origins as declared or with signs of damage,
infection of molds and fungi or impurities risking food unsafety; goods are
found chemical residues, microbial contamination beyond the permitted limits
under the regulations.
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5. Sampling frequency is percentage of
number of batches sampled of the total of batches of the same type, and country
of origin imported into Vietnam.
6. Goods of the same type are products of
the same species of plants and the same characteristics (fresh or processed).
Article 5. Inspection basis
1. Technical regulations and standards of
Vietnam, international regulations of food safety
2. Bilateral conventions and agreements which
Vietnam have signed in case Vietnam have signed the bilateral conventions and
agreements on food safety with the exporting country
Article 6. Inspection
standard
Standards of food safety inspected shall be
decided by the inspection agency based on the history of compliance with
regulations of manufacturers, importers; the actual situation on the risk of
food unsafety from production places, production countries; actual situation of
the batches and enclosed documents.
Article 7. Inspection agency
1. Inspection agencies at the checkpoint or
gathering place shall be units under the Plant Protection Department or units
assigned by the Ministry of Agriculture and Rural development on the basis of
proposals of the Plant Protection Department.
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3. Food safety inspection agency in the
exporting country shall be the National Agro - Forestry - Fisheries Quality
Assurance Department taking charge and cooperating with the Plant Protection
Department and related agencies.
Article 8. Fees and funding
for monitoring and inspection of food safety
1. The inspection agency shall collect the fees
in accordance with the current regulations of the Ministry of Finance.
2. Funding for inspection in the exporting
country shall be covered by the state budget. National Agro - Forestry -
Fisheries Quality Assurance Department shall take charge and cooperate with the
Plant Protection Department to budget for inspection in exporting countries and
request the competent authorities for approval;
3. Funding for monitoring and inspection of
goods circulated in the market shall be covered in the state budget within the
monitoring program specified in the Ministry of Agriculture and Rural
development’s Circular No. 05/2010 / TT-BNN dated January 22, 2010 providing
guidance on inspection and supervision of food hygiene and safety of
agricultural products before putting them in the market or covered in other
legitimate sources of funding;
4. Funding for food safety inspection of
imported goods originating from plant content for contents which are not
charged fees shall be made plans and budgeted by inspection agency to the
Ministry of Agriculture and Rural development, the Ministry of Finance for
approval and allocation of estimates from the sources of economy services.
Chapter II
FOOD SAFETY INSPECTION
METHODS
Article 9. Normal inspection
methods
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competent agencies in food safety of the
exporting country for goods originating from plants used for food( hereinafter
referred to as competent agencies of the exporting country) shall submit an
application as prescribed in Article 13 of this Circular to the National Agro -
Forestry - Fisheries Quality Assurance Department for recognition verification
of control system eligibility, ensure food safety in accordance with the
provisions of Vietnam and request the Ministry to be included in List of
countries registering for export of food originating from plants to Vietnam.
b) The procedures for registration, verification
and reorganization of meeting the regulations on food safety assurance of
Vietnam and including in the list of countries registering for export of food
originating from plants to Vietnam shall be prescribed in Chapter III of this
Circular;
c) Step 1 shall not be applied for imported
goods which are packaged processed food granted the Certificate of Declaration
of conformity or Certificate of conformity of food safety regulations, goods
temporarily imported for re-export or imported goods used as raw materials,
materials for processing for export.
2. Step 2: Inspection of batches of imported
goods:
a) At the checkpoint or gathering place,
applications and bond shall be inspected and samples shall be taken with
frequency up to 10% for imported batches depending on the level of risks of the
goods. In this case, organizations and individuals shall be allowed to carry
out the procedures for customs clearance after inspection agency inspects
application, bond which meets requirements and grant Certificate of food safety
inspection in the form prescribed in Appendix 5 of this Circular;
b) Within 06 (six) months of inspection, if
goods of the same type, and country of origin are detected to commit violation
of food safety regulations for 03 (three) times or more, stringent inspection
methods (defined in Article 10 of this Circular) shall be applied for such
types of goods when they are imported from exporting countries of violated
goods. The time for application of stringent inspection methods shall be
counted since the third time of detection for goods of the same type, the
country of origin of violating food safety regulations;
c) Procedures for inspection of batches of
imported goods shall be prescribed in Chapter IV of this Circular.
3. Step 3: Inspection of goods of post-customs
clearance:
Imported goods of post-customs clearance must be
under the inspection prescribed in Article 19 of this Circular.
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1. At the checkpoint or gathering place, the
batches of imported goods shall be inspected the application and bond; sampling
for testing of goods shall be applied the stringent inspection method with the
frequency of up to 30%.
2. If the batches of imported goods are under
the stringent inspection method but are not sampled for test, organizations and
individuals shall be allowed to make customs clearance after inspection agency
inspects application, bond which meet requirements.
3. Batches of imported goods which are applied
the stringent inspection method and must be sampled for test shall be as
follows:
a) For batches of goods of organizations and
individuals who do not have goods of the same kind , the country of origin
which are imported and previously committed violations: Be entitled to carry
out the procedures for customs clearance after the inspection result of
application, bond meet the requirements ;
b) For batches of goods of organizations and
individuals who have goods of the same kind , the country of origin which are
imported and previously committed violations of food safety: Only be entitled to
carry out the procedures for customs clearance after the inspection result ,
test samples meet the requirements ;
4. Based on the stringent inspection results
within 6 (six) months, the application of the inspection method shall be
defined as follows:
a) Temporary suspension of import of goods: If
05 (five) or more batches of goods of the same type, and country of origin
which are under stringent inspection methods are detected to commit violations
of the regulations on food safety;
b) Maintenance of stringent inspection method in
6 (six) following months: If from 01 (one) to 04 (four) batches of goods of the
same type, and country of origin which are under stringent inspection are
continued to be detected to commit violations of regulations on food safety;
c) Cancellation of the stringent inspection
method: If at least 05 (five) batches of goods of the same type, country of
origin which are under stringent inspection method are sampled for test and
undetected to commit violations of regulations on food safety.
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6. Procedures for registration, inspection of
batches of imported goods shall be prescribed in Chapter IV of this Circular.
7. Imported goods of post-customs clearance must
be inspected as prescribed in Article 19 of this Circular.
Article 11. Reduction
inspection methods
The provisions of Clause 2, Article 39 of the
Law of Food safety and Article 15 of Decree No. 38/2012 / ND-CP shall be
applied. Methods of inspection, sampling for test of the inspected batches
shall be carried out under International Agreement which Vietnam has signed or
participated in mutual recognition for the certification of food safety.
Article 12. Customs
clearance of goods
Goods imported into Vietnam shall be granted
customs clearance only when Certificate of the food safety inspection of goods
originating from plants imported granted by the inspection agency in the form
prescribed in Appendix 5 of this Circular is obtained.
Chapter III
REGISTRATION OF
EXPORTING COUNTRY AND INSPECTION IN EXPORTING COUNTRY
Article 13. Application of
exporting country
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1. Information on the management system and the
capacity of the competent authority of the exporting country on food safety
control in the form prescribed in Appendix 1 to this Circular;
2. The list of plant protection products, growth
regulators, preservatives used in manufacturing, trading of goods in the form
prescribed in Appendix 2 of this Circular;
3. Food safety monitoring program updated
annually of exporting country for goods in manufacturing, domestic trading and
export in the form prescribed in Appendix 7 of this Circular.
Article 14. Verification of
applications
the National Agro - Forestry - Fisheries Quality
Assurance Department shall take charge and cooperate with Plant Protection
Department to verify the applications prescribed in Article 13 of this Circular
and notify the competent authority of exporting country the verification
results as follows:
1. If the verification results meet all
regulations on food safety in Vietnam, the National Agro - Forestry - Fisheries
Quality Assurance Department shall report the Minister of Agriculture and Rural
Development for reorganization and update into the List of countries
registering for export of foods originating from plants to Vietnam on the
website of the National Agro - Forestry - Fisheries Quality Assurance Department
(www.nafiqad.gov.vn);
2. If the verification results do not meet all
regulations on the food safety in Vietnam, the National Agro - Forestry -
Fisheries Quality Assurance Department shall notify in writing to the competent
authority of the exporting country to request for additional information to
complete the application as prescribed.
Article 15. Inspection in
exporting country
1. Where necessary, the National Agro - Forestry
- Fisheries Quality Assurance Department shall take charge and cooperate with
the Plant Protection Department to establish the inspection plan ; notify and
cooperate with the competent authority of the exporting country to inspect food
safety control systems and food safety assurance conditions of production
facilities for export of goods in Vietnam;
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Chapter IV
REGISTRATION, INSPECTION
OF FOOD SAFETY FOR BATCHES OF IMPORTED GOODS
Article 16. Registration
for inspection of batches of imported goods
Organizations and individuals shall register for
inspection of food safety directly with inspection agencies at the checkpoint.
The application shall include:
1. The original of the written registration of
food safety inspection (in the form in Appendix 3);
2. For imported goods that contain genetically
modified ingredients:
Named in the list of plants genetically modified
granted Certificate under the provisions of Circular 02/2014 / TT-BNN dated
January 24, 2014 of the Ministry of Agriculture and Rural Development defining
procedures for issuance and revocation of Certificates of genetically modified
plants eligible for use as food, animal feed;
3. For irradiated goods:
A copy of the Certificate of free sale (CFS)
granted by the competent authority of the exporting country as stipulated in
the Ministry of Agriculture and Rural Development’s Circular 63/2010 / TT-BNN
dated November 1, 2010 providing guidance on regulations of the certificate of
free sale for products, exported and imported goods under the management of the
Ministry of Agriculture and Rural development;
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1. Application inspection: inspection agency
shall inspect the applications (origin, history of compliance with food safety
regulations of the organization, individuals, production facilities, and the
provisions for genetically modified foods, irradiated foods and other
provisions related)
2. Bonded inspection (does not apply to batches
of goods temporarily imported for re-export): inspection agency shall inspect
the status of packaging, labeling when the goods arrive the checkpoint; inspect
the conformity with the declared contents and unusual signs with risk of food
unsafety.
3. Sampling for test (does not apply to batches
of goods temporarily imported for re-export):
a) Inspection agency shall sample for test of
food safety standards at registered places under the method specified in
Article 9, Article 10, Article 11 of this Circular;
b) Sampling must ensure the representation for
the imported products and be taken in any of the inspected imported
consignments.
4. Inspection record of application, bond shall
be established and samples shall be taken in the form prescribed in Appendix 4
of this Circular.
Article 18. Issuance of
Certificates of food safety inspection
1. Certificates of food safety inspection shall
be issued to batches of imported goods within 01 (one) working days, as
follows:
a) For cases specified at Point a, Clause 2,
Article 9, clause 2 and Point a, Clause 3, Article 10 of this Circular: From
the date of receipt of a satisfactory application.
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2. The batches that do not meet food safety
requirements (in the form prescribed in Appendix 6 of this Circular) shall be
notified within 01 (one) working days after inspection results of the batches
which do not meet the requirements.
3. Time of sampling, submission of samples,
testing and returning results shall be within 10 working days.
Article 19. Contents of
inspection of imported goods circulated on the market
1. Condition of preservation, packaging,
labeling (if any) of goods circulated in the market shall be inspected as
assigned by the provisions of Clause 2, Article 7 of this Circular;
2. Information, origin of batches of imported
goods shall be inspected;
3. Samples of goods shall be taken to send to
the designated testing agency to analyze food safety standards when the goods
are detected with signs of violations or suspected food safety or upon request
of the competent State agencies.
4. Traceability, recovery and handling of the
batches of violated goods shall be under the provisions of Circular No. 74/2011
/ TT-BNN dated October 30, 2011 defining traceability, recovery and handling of
agro forestry foods that do not meet safety regulations under the management of
the Ministry of Agriculture and Rural Development;
Chapter V
HANDLING MEASURES OF
VIOLATIONS AGAINST REGULATIONS ON FOOD SAFETY
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1. Goods batches violated seriously food safety
regulations shall be forced to be re-exported or destroyed.
2. Goods batches detected to commit violations
against regulations on food safety, but can be used for other purposes without
risks to human health shall be changed their use purpose;
3. The competent authorities shall be notified
of the exporting country's food safety and requested to coordinate in
investigation of reasons, give appropriate remedial measures;
4. Related domestic competent authorities shall
be notified and cooperated to request importers to recover, handle and monitor
the handling process of the batches seriously committing violations of food
safety regulations;
5. Serious violations of food safety regulations
shall be announced on means of mass media to carry out traceability, recovery
and guidance consumers on precautions.
Article 21. For exporting
country
1. Importing goods from exporting country shall
be temporarily suspended in the following cases:
a) Cases are prescribed Point a, Clause 4,
Article 10 of this Circular;
b) Inspection results as prescribed in Article
15 indicate that food safety control system of the exporting country has not
fully met the prescribed requirements;
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2. Goods are only exports to Vietnam when the
inspection results according to the provisions of Article 15 indicate that the
competent authority of the exporting country has implemented food safety
control measures which meet the requirements as prescribed.
3. The Minister of Agriculture and Rural
development shall base on the proposal of the Director of Plant Protection
Department and the Director of the National Agro - Forestry - Fisheries Quality
Assurance Department to decide on temporary suspension of import or
continuation of export of goods originating from plants as follows:
a) The decision on temporarily suspension of
import takes effect after 60 (sixty) days from the date of signing which shall
be the deadline for implementation of food safety inspection procedures of the
batches of imported goods into Vietnam.
b) The decision on continuation of import of
goods takes effect from the date of signing which shall be the deadline for
implementation of food safety inspection procedures of the batches of imported
goods into Vietnam.
c) Within three (03) working days, the Decision
on temporary suspension or continuation of import or goods into Vietnam shall
be notified to the competent authority in food safety of the exporting country
and updated on the website of National Agro - Forestry - Fisheries Quality
Assurance Department (www.nafiqad.gov.vn).
Chapter VI
RESPONSIBILITIES AND
RIGHTS
Article 22.
Responsibilities of the inspection agency
1. Inspection agencies at the checkpoint and
gathering place shall
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b) Notify accurately, objectively and honestly;
comply strictly with the procedures for inspection, sampling goods for testing
as prescribed;
c) Cooperate with the customs authorities to
inspect imported goods, handle and monitor the handling process for violations
of food safety regulations as prescribed by law.
d) Within 01 (one) working day from the date of
detection of cases of imported goods batches committing violations against
regulations food safety, notify the Plant Protection Department to summarize
and report to the Ministry of Agriculture and Rural development ( through
National Agro - Forestry - Fisheries Quality Assurance Department) ;
e) Collect fees as prescribed.
2. Inspection agencies of goods circulated in
the market as assigned or decentralized shall:
a) Inspect and monitor food safety for imported
goods circulated in administrative division under the provisions of Article 19
of this Circular;
b) Notify promptly the Service of Agriculture
and Rural development if imported goods circulated in the administrative
division committing violations of food safety regulations;
c) Trace, recover and handle imported goods
batches which do not ensure the food safety in accordance with the provisions
of Circular No. 74/2011 / TT-BNN dated October 30, 2011 after receiving the
notification of the batches seriously violated food safety regulations;
3. Food safety inspection agencies in the
exporting country shall:
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b) Cooperate with the competent authority of the
exporting country to commence inspection contents;
c) Report the inspection result to the Ministry
of Agriculture and Rural Development within 15 days after the end of the
inspection in the exporting country;
d) Notify the inspection results to the
competent authority of the exporting country as stipulated in Article 15 of
this Circular.
Article 23. Rights of
inspection agencies
1. Request organizations and individuals to
provide related documents, records for inspection service;
2. Inspect and sample imported goods under
methods and procedures prescribed in this Circular;
3. Decide handling measures and monitor the
handling of batches which do not meet import requirements
Article 24.
Responsibilities of importers
1. Register for food safety inspection in
accordance with the provisions of Article 16 of this Circular;
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3. Provide adequately applications and samples
related to the inspection service, traceability;
4. Comply with the handling decision and get the
supervision of the inspection agencies;
5. Trace, recover and handle imported goods
batches which do not ensure the food safety in accordance with the provisions
of Circular No. 74/2011 / TT-BNN dated October 30, 2011 after receiving the
notification of the batches seriously violated food safety regulations;
6. Pay fees of inspection and testing in
accordance with current regulations of the Ministry of Finance and pay the
actual cost of handling of the batches which do not meet food safety
requirements;
7. Be responsible for storage of imported goods
pending the conclusion of inspection as prescribed at Point b, Clause 3,
Article 10 of this Circular or pending handling of competent agencies.
Article 25. Rights of
importers
1. Request the inspection agencies to review
inspection results.
2. Complain, denounce and settle complaints,
denunciation in accordance with the legislation on complaints and
denunciations.
Chapter VII
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Article 26. National Agro -
Forestry - Fisheries Quality Assurance Department
1. Receive applications for export of goods to
Vietnam from the competent authority of the exporting country; exchange
information, notify inspection plans (if necessary) to the competent authority
of the exporting country and request the Ministry for establishment decision of
Inspectorate of Vietnam to inspect the exporting country;
2. Take charge and cooperate with the Plant
Protection Department:
a) Propose the Minister of Agriculture and Rural
Development to announce the list of countries assessed the mutual recognition
by Vietnam; publicize the list of countries registering for export of foods
originating from plants to Vietnam; decide the temporary suspension or
continuation of import of goods originating from plants to Vietnam. Notify to
competent authorities of the exporting country of goods batches food which do
not ensure food safety and cooperate to investigate the cause and take
appropriate remedial measures.
b) Inspect food safety control systems and
assurance conditions of food safety of production facilities in the exporting
country;
c) Trace, recover and handle imported goods
batches that seriously commit violations of food safety regulations;
3. Report annually, or extraordinarily (upon
request) to the Ministry of Agriculture and Rural Development on the situation
of food safety inspection for imported goods;
4. Establish annually plans, estimates and
settlement of funds (covered in the state budget) for the food safety
inspection for exporting country and imported goods as assigned for fee-free
contents; summarize into the annual estimates, settlement of the Ministry of
Agriculture and Rural Development under the provisions of the Law on Budget and
the current guiding documents.
Article 27. Plant
Protection Department
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2. Direct and monitor inspection agencies at the
checkpoint and gathering places to:
a) Inspect imported goods under the inspection
methods specified in this Circular;
b) Issue Certificates of food safety inspection,
or notify cases in which imported goods batches do not meet food safety
requirements as prescribed in Article 18 of this Circular;
c) Cooperate with functional agencies to handle
batches which do not ensure food safety and monitor the handling process.
3. Guide unit assigned to inspect and monitor
the food safety of imported goods circulated in the market by the Service of
Agriculture and Rural development;
4. Report promptly in writing to the Ministry of
Agriculture and Rural Development (through the Ministry of Agriculture and
Rural development) in case:
a) Detect the imported goods batches committing
violations of food safety to cooperate to trace, recover and handle the goods
batches seriously violated the food safety and inform warnings to the competent
authority of the exporting country.
b) Propose temporary suspension of import of
goods to Vietnam for cases specified at Point a, Clause 4, Article 10 of this
Circular.
5. Report annually, or extraordinarily (upon
request) to the Ministry of Agriculture and Rural Development (through National
Agro - Forestry - Fisheries Quality Assurance Department) on the situation of
food safety inspection for imported goods;
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7. Establish annually plans, estimates and
settlement of funds (covered in the state budget) for the food safety
inspection for imported goods as assigned for fee-free contents; summarize into
the annual estimates, settlement of the Ministry of Agriculture and Rural
Development under the provisions of the Law on Budget and the current guiding
documents.
Article 28. Service of Agriculture
and Rural development in central-affiliated cities and provinces
1. Direct the subordinate units as assigned to
inspect and monitor food safety for imported goods circulated in the
administrative division;
2. Notify promptly to the National Agro -
Forestry - Fisheries Quality Assurance Department, the Plant Protection
Department of cases in which imported goods circulated in the administrative
division commit violations of food safety regulations;
3. Cooperate with functional agencies to trace,
recover and handle batches which do not ensure food safety and monitor the
implementation process.
4. Submit reports annually or extraordinarily
(upon request) on results of inspection and monitoring food safety for imported
goods circulated in the administrative division to the Plant Protection
Department to summarize and report to the Ministry;
5. Establish annually plans and budget estimates
for inspection and monitoring food safety for imported goods as assigned and
request the competent authorities for approval and funding.
Chapter VIII
IMPLEMENTAION
PROVISIONS
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1. This Circular takes effect from May 5, 2015.
2. This circular replaces Circular No. 13/2011 /
TT-BNN dated March 16, 2011 providing guidance on food safety inspection of
goods originating from plants imported, Circular 05/2013 / TT BNNPTNT dated
January 21, 2013 amending and supplementing a number of articles of Circular
No. 13/2011 / TT-BNN dated March 16, 2011 providing guidance on food safety
inspection of goods originating from plants imported and the consolidated
document No. 03 / VBHN-BNNPTNT dated December 19, 2013, Circular provides
guidance on food safety inspection of goods originating from plants imported.
3. Countries which have been verified the
applications and recognized export of foods originating from plants to Vietnam
under the provisions of Circular No. 13/2011 / TT-BNN dated March 16, 2011 and
Circular 05 / 2013 / TT-BNN dated January 21, 2013 amending and supplementing a
number of articles of Circular No. 13/2011 / TT-BNN dated March 16, 2011 shall
continue to be recognized when this Circular takes effect.
4. Any problems arising in the course of
implement should be reported to the Ministry of Agriculture and Rural
development ( through National Agro - Forestry - Fisheries Quality Assurance
Department , Plant Protection Department ) for consideration, amendment and
supplementation./.
MINISTER
Cao Duc Phat