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MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
48/2013/TT-BNNPTNT
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Hanoi, November
12, 2013
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CIRCULAR
ON
INSPECTION AND CERTIFICATION OF THE SAFETY OF FISHERY FOOD PRODUCTS FOR EXPORT
Pursuant to Law No. 05/2007/QH12 on products and
goods quality dated November 21, 2007;
Pursuant to Law No. 55/2010/QH12 on Food Safety
dated June 17, 2010;
Pursuant to the Government’s Decree No.
132/2008/ND-CP dated December 31, 2008 providing detailed regulations on the
implementation of some articles of Law on products and goods quality;
Pursuant to the Government’s Decree No.
38/2012/ND-CP dated April 25, 2012 providing detailed regulations on the
implementation of some articles of Law on Food safety;
Pursuant to the Government’s Decree No.
01/2008/ND-CP dated January 03, 2008 on functions, tasks, power and
organizational structure of the Ministry of Agriculture and Rural Development
and the Government’s Decree No.75/2009/ND-CP dated September 10, 2009 on
amendments to Article 3 of Decree No. 01/2008/ND-CP;
According to suggestion of Director of NAFIQAD,
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Chapter 1.
GENERAL PROVISIONS
Article 1. Scope
This Circular provides regulations on:
1. Applications and procedures for and power of
inspection, issuance and revocation of Certificate of eligibility for food
safety (hereafter referred to as certificate of food safety) of fishery food
business operators for export (hereafter referred to as “business operators”).
2. Applications and procedures for and power of
inspection and issuance of certificate of safety of fishery food products for
export (hereafter referred to as Certificate) to markets in which the competent
authority of import country requests for the inspection of export shipments and
issuance of Certificate of the National Argo – Forestry - Fisheries Quality
Assurance Department (hereinafter referred to as NAFIQAD).
Article 2. Regulated entities
1. Regulated entities consist of:
a) Fishery food business operators for export;
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2. With regard to fishery food products whose
quarantine certificates are required as prescribed in applicable regulations,
the inspection and certification authority (hereafter referred to as” the
inspection authority”) prescribed in Article 5 of this Circular shall carry out
the inspection, certification of food safety and quarantine concurrently.
3. The following cases shall not be regulated by
this Circular:
a) Fishery food business operators for domestic
consume.
b) Fishery food products for export that are not
used as food.
b) Fishery food products exported to markets in
which the competent authority of import country does not request for the
inspection of the export shipments and issuance of certificate of NAFIQAD;
Article 3. Definitions
For the purpose of this Circular, the terms below
shall be construed as follows:
1. Independent establishment
producing fishery food products means an establishment having adequate
facilities to completely carry out the separate process of production from
input of materials to full packing of products; having the separate workforce
of quality control with at least 3 employees that control the food safety
during the production process and at least 01 (one) employee that has completed
a training course of food safety according to the principle of Hazard Analysis
and Critical Control Points (hereafter referred to as HACCP) organized by
authorities and organizations that are assigned to provide training in food
safety according to HACCP principle..
2. Batch means a number
of products produced from one or more materials having the same origin, in the
same technological process and production conditions (conditions for food
safety affected by the same elements) within 24 hours in a business operator.
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4. Group of similar fishery
food products means fishery food products that pose the same level of food
safety hazards and are produced in a similar technological process (Some stages
can be different but they do not arise food safety hazards) in an
establishment.
5. Production of fishery food
products means the implementation of one, several or all the activities of
extraction, preliminary processing, processing, packing and preservation in
order to produce fishery food products.
6. Fishery food product
means a product that can be eaten or drunk raw or after being preliminarily
processed, processed or preserved.
7. Ready-to-eat fishery food
product means a product that can be eaten by human without any special
processing.
Article 4.
Bases for inspection, assessment and certification
The bases for inspection, assessment and issuance
of certificate of food safety and certificate of fishery food products for
export shall comply with regulations in Articles 41 and 42 of Law on food
safety, regulations and standards related to fishery food safety of Vietnam and
the import country.
Article 5. Authorities that are
in charge of inspection and certification
1. Authorities that are in charge of inspection,
assessment and issuance of Certificate of food safety include: NAFIQAD, NAFIQAD
CRA (Central Region Authority) and NAFIQAD SRA (South Region Authority).
2. Authorities that are in charge of inspection and
issuance of certificate of fishery food products for export include units
affiliated to NAFIQAD whose eligibility for inspection and issuance of
certificate are evaluated and agreed by the competent authority of the import
country.
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1. An inspector shall satisfy the following
requirements:
a) An inspector is honest, objective and not
related to economic benefits of organizations, individuals exporting shipments
(hereafter referred to as the owner) or the head of the inspected business
operator.
b) The inspector has a suitable professional
knowledge and has been issued with a certificate of completion of training
course of inspection and certification of fishery food safety by NAFIQAD.
c) The inspector is enough healthy to fulfill his/her
assigned tasks.
2. Apart from the requirements prescribed in Clause
1 of this Article, a head of an inspectorate shall have at least 05 years’
experience of inspection and be assigned to work as the head of the
inspectorate by Director of NAFIQAD.
Article 7. Requirements for the
equipment used for inspection visit
1. The equipment used for inspection visit is
specialized and distinguishable from other equipment.
2. The equipment is under good operation and
maintenance; inspected and/or calibrated in accordance with regulations and be
well-cleaned and not become a source of infection.
Article 8. Requirements for
testing laboratories
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Article 9. Fees
Collection of fees of processing of application,
inspection of the business operator, taking of samples, testing of food safety
standards and issuance of certificates of food safety prescribed in this
Circular shall comply with Article 48 of Law on Food safety, applicable
regulations of Ministry of Finance and relevant legal documents.
Chapter 2.
INSPECTION AND ISSUANCE
OF CERTIFICATES OF FOOD SAFETY
Article 10. Applications for
Certificate of food safety
1. An application for Certificate of food safety
consists of:
a) An application form for Certificate of food
safety (using the form prescribed in Appendix I issued together with this
Circular)
b) A copy that is notarized or enclosed with the
original document of Business Registration Certificate or Investment
Certificate;
c) A report on the applicant’s establishment condition
(facilities and food safety management systems) (using the specimen prescribed
in Appendix II issued together with this Circular;
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dd) A list of the owner of the applicant and the
employees directly producing food that have been granted certificates of
training in food safety by NAFIQAD.
2. If a business operator submits the application
for Certificate of food safety after taking actions to correct non-conformance
discovered in the previous inspection, the application shall consist of a
corrective action report (using the specimen in Appendix III issued together
with this Circular.
3. The application shall be sent to the inspection
authority directly or by post; via fax, email or online registration (the
original document shall be sent subsequently).
Article 11. Processing of the
application for Certificate of food safety
1. Within 03 working days from the day on which the
application is received, the inspection authority shall inspect the
application’s validity and instruct the applicant to make necessary additions.
2. If the application is
valid, within 05 working days, the inspection authority shall inform the
applicant of the expected time for an inspection visit which shall not exceed
10 working days from the day on which the valid application is received.
Article 12. Forms of
inspection
1. The inspection for issuance of Certificate of
food safety shall be applied to following subjects:
a) A business operator that has not been issued
with the Certificate of food safety;
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c) A business operator whose certificate only remains
for less than 6 months;
d) A business operator that has been issued with
the Certificate of food safety but has changed its owner or has its facilities
repaired and improved resulting in exposure to a food safety hazard;
Dd) A business operator manufacturing products
which are not similar to certified products;
e) A business operator that has been issued with
Certificate of food safety but has delayed the periodic inspection for more
than 12 months;
g) A business operator that applies for registration
of addition to the list of business operators which may process and export
products in case of requirement of the import market.
2. Inspection after the
certificate of food safety is issued:
a) Periodic inspection is a form of inspection
without prior notice aiming to supervise the maintenance of conditions for food
safety of business operators that have been issued with Certificate of food
safety. The frequency of inspection shall be specified as follows:
+ Class 1 and class 2 business operators: Once a year
+ Class 3 business operators: Twice a year
+ Class 4 business operators: The time for inspection depends on violations of
these business operators and is decided by the inspection authority but not
exceeding 03 months from the previous inspection.
b) Surprise inspection is a form of inspection
without prior notice which applies to business operators that show signs of the
violations of food safety prescribed in Point b Clause 3 Article 17, Clause 3
Article 31 and Clause 2 Article 36 of this Circular or is carried out in case
of complaints of organizations and individuals.
Article 13. Establishment of
inspectorates
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2. A decision on establishment of the inspectorate
consists of the following contents:
a) Bases for the inspection;
b) Names, titles and workplaces of inspectors;
c) Name, address and code (if any) of the business
operator to be inspected;
d) Scope of, contents of, forms of and time for the
inspection;
dd) Responsibility of the business operator to be
inspected and the inspectorate.
3. Decision on establishment of the inspectorate shall
be informed at the business operator’s premises when the inspection begins.
Article 14. Contents of and
methods for the inspection
1. Contents of the inspection include:
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b) Inspection of program for management of food
safety according to HACCP principle;
c) Inspection of procedures for product
traceability and recall;
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.
2. Methods for the inspection shall comply with
Appendix V issued together with this Circular.
Article 15. Inspection record
1. An inspection record shall contain:
a) Sufficient and accurate results of the inspection
(using the specimen in Appendix 5 of this Circular). The result shall be
recorded in the inspected place after the inspection finishes;
b) Items that fail to fulfill requirements of food
safety and time limit for completion of corrective actions;
c) General conclusion and classification of
conditions for food safety of the business operator;
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dd) Signatures of the head of inspectorate, the
legal representative of the business operator and fan stamping (If there is no
seal at the business operator, these people will sign on each page of the
inspection record) and
e)The inspection record shall be made into 02
copies: a copy shall be kept at the inspection authority’s office and the other
copy shall be kept at the business operator’s premises. The quantity of copies
may increase if necessary.
2. If the head of the inspected business operator refuses
to sign the inspection record, the inspectorate shall write the following
sentence "Đại diện Cơ sở được kiểm tra, thẩm định không ký Biên bản"
("the representative of the business operator refuses to sign the record”)
and specify the reasons. In this case, the inspection record will be still
valid if it contains the signatures of all inspectors of the inspectorate.
Article 16. Classification of
business operators based on conditions for food safety
1. Classification of the business operator based on
conditions for food safety is specified as follows:
a) Class 1: Excellent;
b) Class 2: Very good;
c) Class 3: Passed;
d) Class 4: Failed.
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Article 17. Processing of the
inspection results and issuance of certificates of food safety
Within 07 working days from the day on which the
inspection finishes, the inspection authority shall verify the inspection
record and notify the result to the applicant. In particular:
1. Inspection visit for issuance of Certificate of
food safety:
a) With regard to a business operator which obtains
the “passed” results (classes 1, 2 and 3), the inspection authority shall
submit a report on inspection result to NAFIQAD which shall consider issuing
the certificate of food safety (using the specimen in Appendix VI issued
together with this Circular) and 01 code to the applicant ( in this case, the
applicant has fulfilled requirements prescribed in Clause 1 Article 3 of this
Circular but has not been granted a code) according to the code system
prescribed in Appendix VII issued together with this Circular . Concurrently,
the inspection authority shall send a written notification of the inspection
result to relevant authorities and business operators to cooperate in
management.
b) With regard to business operators which obtain
“failed” result (Class 4):
The inspection authority shall notify the inspection
result to the applicant and require the applicant to take action to correct
non-conformance and submit a report on corrective action result. The inspection
authority shall define the time limit for corrective action of non-conformance
based on the extent of non-conformable of the applicant but not exceed 03
months from the day on which the reinspection is carried out.
If the result of the reinspection is still failed
(class 4), the inspection authority will notify the result and time for the
next reinspection to the applicant. Within 07 working days from the day on
which the result of reinspection is notified, the inspection authority shall
publish the name, address of the business operators and name of their products
that do not ensure the conditions for food safety on media.
If the result of the next inspection is still
failed (class 4), the inspection authority will suggest the competent authority
to take actions in accordance with applicable regulations.
2. Periodic and surprise
inspection:
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b) A failed business operator (class 4) shall be
dealt with as prescribed in Point b Clause 1 of this Article.
3. With regard to taking of samples for
verification of food hygiene control measures during the production process.
a) Within 01 working day from the day on which it
is concluded that the testing result fails to satisfy regulations, the inspection
authority shall send the applicant a request for correction to non-conformance.
The inspection 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 applicant.
b) If the result of re-testing fails to satisfy
regulations, the inspection authority will decide to inspect surprisely the
conditions for food safety of the applicant.
Article 18. Revocation of
certificates of food safety
1. A business operator will have its certificate of
food safety revoked if it falls into cases prescribed in Article 13 of the
Government’s Decree No. 38/2012/ND-CP dated April 25, 2012 on guidelines for
certain articles of Law on food safety.
2. NAFIQAD has the power to revoke certificates of
food safety.
Article 19. Reissuance of
certificates of food safety
1. A certificate of food safety may be reissued in
the following cases:
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b) Certificate is damaged;
c) The business operator applies for adjustments to
the certificate of food safety (except for cases in which the inspection visit
for issuance of Certificate of food safety prescribed in Points d and dd Clause
1 Article 12 of this Circular shall be carried out).
2. Procedures for reissuance of certificates of
food safety:
a) The business operator shall make an application
and sent it to NAFIQAD and explain for reissuance of Certificate of food safety
(using the specimen in Appendix VII issued together with this Circular);.
b) Quantity of applications: 01 application form
for reissuance of Certificate of food safety;
c) The application can be submitted directly or by
post, via fax or email (the original document shall be sent subsequently);
d) Within 03 working days from the day on which the
application form is received, NAFIQAD shall consider reissuing of the
Certificate to the applicant.
3. The validity of certificate of food safety which
is reissued shall last for the same period with the original Certificate.
Chapter 3.
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SECTION 1. PROGRAM FOR
CERTIFICATION OF FISHERY FOOD PRODUCTS FOR EXPORT
Article 20. Scope and
participants of the program
1. The program includes activities of inspection
and issuance of certificate of fishery food products exported to markets in
which the competent authority of the import country requires NAFIQAD to inspect
and issue the certificate to shipments according to the list of markets
prescribed in Appendix IX of this Circular.
2. If the import market imposes new requirements,
NAFIQAD will notify these requirements to relevant organizations and
individuals, simultaneously report them to Department of Agriculture and Rural
Development which shall update the list of markets within 03 months from the
day on which the written requirements of the competent authority of the import
country is received.
3. To take part in the Program, a business operator
shall:
a) Obtain a Certificate of food safety in
accordance with regulations of this Circular;
b) Comply with regulations and standards related to
conditions for food safety of the import country.
Article 21. The list of
business operators taking part in the Program
1. According to regulations of an import market or
an agreement with the competent authority of the import country, NAFIQAD shall
make and update a list of business operators taking part in the Program in each
import market if business operators fulfill criteria prescribed in Clause 3
Article 20 of this Circular.
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a) The business operator sends a written request
for withdrawing its name from the list of business operators taking part in the
Program in each import market.
b) The business operator has its certificate of food
safety revoked in accordance with regulations in Article 18 of this Circular.
Article 22. The priority list
1. The priority list is a list of business
operators whose conditions for food safety have been well-maintained (In this
case, the criteria prescribed in Clause 2 of this Article is fulfilled) and may
be issued with certificate of fishery food products for export in accordance
with regulations of Section 2 of this Circular.
2. NAFIQAD shall make the
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
business operator taking part in the program for certification of fishery food
products for export in each import market;
b) The business operator is classified in
class 1 or 2 of conditions for food safety within 12 months
c) The business operator exports products without
any violations of food safety within 03 consecutive days.
3. A business operator will be taken out of the
priority list if:
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b) The business operator has its certificate of
food safety revoked in accordance with regulations in Article 26 of this
Circular.
4. The business operator’s name may be inserted
again to the priority list after fulfilling the conditions specified in Clause
2 of this Article.
5. With regard to class 1 business operators in the
priority list, samples for verification shall be taken according to special
procedures prescribed in Appendix X issued together with this Circular if:
a) There is no product detected in violations of
food safety by the competent authority of Vietnam or the import market within
12 months from the day on which the business operator’s name is defined in the
priority list to the time of consideration;
b) There is a cooperating contract for management
of food safety and traceability of business operators in a chain. All business
operators of a chain are issued with certificates of food safety or
certificates of Vietnamese Good Agricultural Practice (VietGAP) or equivalent
certificates.
6. To be applied special regimes on taking samples
for verification, a class 1 business operator in the priority list shall send
an application form to the inspection authority enclosed with notarized copies
or copies enclosed with original documents of contracts and certificates
prescribed in Point b Clause 5 of this Article. Within 5 working days from the
day on which the sufficient application is received, the inspection authority
shall notify the inspection result to the applicant.
Article 23. Forms of
certifications of export shipments
1. With regard to a shipments produced by the
business operators whose name are defined in the priority list:
a) The inspection authority shall issue the
certificate based on the verification of food safety control measures as
prescribed in Section 2 of this Chapter.
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2. With regard to export shipment produced by a
business operator whose name is not defined in the priority list, the
inspection authority shall issue the certificate based on results of the
inspection and taking of samples for testing of each shipment in accordance
with Section 3 of this Chapter.
Article 24. Requirements for
export products
1. The products are produced by a business operator
defined in the list of business operators taking part in the program for
certification of fishery food products for export in each import market;
2. The products satisfy regulations on labeling of
products with compulsory information in accordance with regulations of the
import market, shall not mislead the product’s nature and commit the violations
of Vietnam law.
3. With regard to products that are processed in
different business operators:
a) The business operator carrying out the last
stage of production (packaging and labeling) is defined in the list of business
operators taking part in the program for certification of products for export
in each import market;
b) The business operator carrying out the previous
stages of production satisfies regulations on conditions for food safety of
Vietnam and the corresponding import market;
c) Business operators that preliminarily process
and process the shipment shall make a commitment on joint responsibility for
implementation of measures for taking action against violations of the
inspection authority if the shipment is warned by the competent authority of
the import country or detected to commit violations on food safety by the
inspection authority;
d) Business operators that produce the shipment
shall keep adequate dossier of production, control the food safety during the
stages of production carried out by them and ensure the product traceability.
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1. Each shipment is granted a certificate.
2. The certificate is only valid if the shipment is
transported and preserved in conditions that do not change the certified
contents of food safety.
3. The content and form of the certificate shall
fulfill the requirements of the corresponding import market and be numbered in
accordance with regulations in Appendix XI issued together with this Circular.
Article 26. Business operators
failing to obtain certificates of their export shipments
1. The inspection authority shall not issue a
certificate for an export shipment produced by one of the following business
operators:
a) A business operator that is requested to suspend
importing by the competent authority of the import country;
b) A business operator have its certificate revoked
according to regulations in Article 18 of this Circular;
c) A business operator that is suspended to
manufacture products according to regulations in Articles 30 and 33 of Law on
products and goods quality or other the Government’s regulations on dealing
with administrative violations of food safety.
2. The business operator specified in Clause 1 of
this Article will obtain the Certificate if the following conditions are
fulfilled:
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b) Besides, the business operator specified in
Point a Clause 1 of this Article shall be informed by NAFIQAD and have its
suspension of import eliminated by the competent authority of the import
country.
SECTION 2: ISSUANCE OF THE
CERTIFICATES OF SHIPMENTS PRODUCED BY THE BUSINESS OPERATOR WHOSE NAMES ARE
DEFINED IN THE PRIORITY LIST
Article 27. Verification of
food safety control measures
1. Principle of verification:
a) Standard of verification shall comply with
regulations in the List of food safety standards and the permitted limit
required by the corresponding import market that are submitted to Ministry of
Agriculture and Rural Development to request their publishing, adjustment and
regular update by NAFIQAD.
b) Frequency of taking samples for verification is
specified as follow:
+ Special regime: every two months;
+ Class 1: once a month;
+ Class 2: twice a month.
c) The rate of taking of samples for verification
shall be identified according to classification of conditions for food safety;
history of ensuring food safety; risks of products; scale and power or
production of the business operator according to regulations on Appendix X.
According to the analysis of achieved results,
NAFIQAD regularly requests Ministry of Agriculture and Rural Development to
consider adjusting and updating the contents prescribed in regulations in
Appendix X.
d) Position of taking of samples: At the warehouses
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a) The inspection authority shall make an agreement
with the business operator on the time for taking of samples, types of sample,
quantity of samples for each verification time and ensure that each type of
product for export of the business operator shall be verified at least once a
year.
b) If there is any change, the business operator
shall send writing to the inspection authority within 03 working days before
the time of change of time for taking of samples that has been agreed before.
3. Processing of results of analysis of samples:
a) Within 01 working day from the day on which it
is concluded that the testing result is unconformable with regulations of the
import country, the inspection authority shall send the business operator a request
for taking corrective action for the exported shipment. The inspection
authority shall verify the results of corrective action taken by the business
operator and add a verification of violations of committed products in the next
plan for taking of samples for verification;
b) In the next verification, if the testing result
continues to be unconformable with regulations of the import country, the
inspection authority shall request the business operator to take corrective
action for the exported shipment, simultaneously take samples for verification
of food safety standards of violated products of each shipment until there are
5 consecutive shipments fulfilling the requirements.
Article 28. Application for
and issuance of certificates
1. The application for the certificate:
a) Within 02 working days from the day on which the
shipment is exported, the owner shall send an application form for the
certificate using the form in Appendix XII issued together with this Circular.
b) The owner shall submit an application to the
inspection authority directly or by post, via fax or email (the original
document shall be sent subsequently) or online registration.
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2. Issuance of the certificate:
Within 01 working day from the day on which the
sufficient information is received, the inspection authority shall process the
application and review the verification of food safety control measures
prescribed in Article 27 of this Circular and issue Certificate to the shipment
using a specimen that is conformable with regulations of the import market or
send a writing reply enclose with the explanation if the shipment is not issued
with certificate.
SECTION 3: ISSUANCE OF THE
CERTIFICATES OF SHIPMENTS PRODUCED BY THE BUSINESS OPERATORS WHOSE NAMES ARE
NOT DEFINED IN THE PRIORITY LIST
Article 29. Application for
inspection
1. An application for inspection of 01 shipment
consists of:
a) An application form for inspection of the
shipment using the specimen in Appendix XIII issued together with this
Circular;
b) A detailed declaration of the shipment using the
specimen in Appendix XIV issued together with this Circular.
2. Time limit for submission of the application:
a) With regard to fresh and frozen fishery food
products: Within 03 (three) working days before the expected date of export.
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3. The owner shall submit an application to the
inspection authority directly or by post, via fax or email or online
registration (the applicant shall send an application form for inspection to
the inspection authority subsequently).
4. If the owner and the producer of the shipment
are not the same, a notarized copy or a copy enclosed with the original file of
sales contract or authorization document related to the shipment which contains
the commitment of the owner and the producer on joint responsibility if the
shipment is warned by the competent authority shall be submitted together with
the application.
5. Processing of the
application: Within 01 working days from the day on which the sufficient
application is received in accordance with regulations in Clause 1 of this
Article, the inspection authority shall assess the application validity and
instruct the applicant to submit additional documents (if any).
Article 30. Inspection and
taking of samples for testing
1. The inspection authority shall assign inspectors
to inspect and take samples of the shipment within 02 working days from the day
suggested by the owner or the day agreed by the owner and the inspection
authority.
2. Contents of and procedures for inspection of the
shipment shall comply with regulations in Appendix XV issued together with this
Circular.
Article 31. Processing of the
testing results that do not satisfy regulations on food safety
1. If the inspection result of the shipment fails
to satisfy regulations on dossier of production or objective/subjective standard,
within 01 working day from the day on which the inspection finishes, the
inspection authority will send a notification of failed shipment (using the
specimen prescribed in Appendix XVI issued together with this Circular.
2. If the testing result of the shipment fails to
satisfy regulations on food safety:
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b) Within 03 working days from the day on which the
testing result is sent to the applicant, if the applicant makes a written
comment on this result, the inspection authority shall deal with this case as
prescribed in Point 2 Section 8 of Appendix XV issued together with this
Circular.
c) Within 03 working days from the day on which the
testing result is sent to the applicant, if the applicant has no written
comment on this result, the inspection authority will send a notification of
failed shipment (using the specimen prescribed in Appendix XVI issued together
with this Circular) enclosed with the explanation and request the applicant to
find out the reasons take action to correct non-conformance of the shipment and
send an explanation to the inspection authority.
3. Within 03 working days from the day on which the
explanation report of the applicant is received, the inspection authority shall
verify contents of the report and send a written notification of results of
verification to the applicant. If a surprise inspection is necessary for the
verification, the inspection authority will carry out the inspection and notify
results to the applicant within 07 working days from the day on which the
explanation report of the applicant is received
Article 32. Issuance of
certificates:
1. Within 02 working days from the day on which the
shipment is exported, the applicant shall provide in writing sufficient
information defined in the specimen of certificate according to the requirement
of the competent authority of the import country to the inspection authority
which shall consider issuing the certificate. Within 01 working day from the
day on which the sufficient information is received, the inspection authority
shall issue the certificate to the shipment using the form of corresponding
import market if the testing results the shipment fulfill requirements.
2. After 90 working days from the day on which the
inspection is carried out, if the applicant fails to provide enough information
to the inspection authority, the applicant shall apply for the inspection as
prescribed in Article 29 of this Circular.
SECTION 4. POST CERTIFICATION
PROCESSING
Article 33. Reissuance of
certificates:
1. If the Certificate is lost or damaged, the owner
shall submit an application form for reissuance of certificate that specifies
the explanation to the inspection authority directly or by post, via fax or
email (the original document shall be submitted subsequently).
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a) The contents of the reissued certificate are the
same as those of the original certificate of the shipment;
b) The reissued certificate is numbered according
to regulations in Appendix XI issued together with this Circular and has a
note: "Chứng thư này thay thế
cho Chứng thư số …, cấp ngày …" (“This
certificate replaces the Certificate No. [ ] issued on [ ]”)
Article 34. Issuance of
duplicate certificates
If the applicant applies for a duplicate
certificate, the inspection authority will consider issuing the forwarded
certificate according to the following requirements:
1. The duplicate certificate shall be issued within
the day on which the first certificate is issued;;
2. The contents of the duplicate certificate shall
be the same as those of the original certificate.
Article 35. Supervision of the
shipment post certification
1. On the yearly basis or unexpectedly, in case of
requirement, the inspection authority shall work with the customs authority to
verify the information, condition and the homogeneity of the shipment before
and after it is certified and carry out inspection visit at the place where the
shipment is stored while customs procedures for export are carried out if
necessary.
2. If there is any violation, the inspection
authority will consider making a record and sending a written annulment of
issued Certificate to relevant people; simultaneously request the customs authority
to take actions against these violations. According to the extent of violations
committed by the owner, the inspection authority shall send the competent
authority a written request for penalties for administrative violations in
accordance with applicable regulations of law.
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1. Within 03 working days from the day on which the
official warning information is sent by the competent authority of the import
country, the inspection authority shall request the owner to:
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 inspection
authority using the specimen in Appendix XVII issued together with this
Circular;
b) Suspend the export to the corresponding import
countries in case of request of the competent authority of the import country;
c) Comply with the regime of taking of samples for
testing of violating food safety standards of each shipment of the violating
product that is produced by the applicant until the inspection authority
accepts in writing the report on results of investigation and corrective action
of the applicant;
2. Within 03 working days from the
day on which the report on investigation of reasons and corrective action sent
by the applicant, the inspection authority shall verify the contents of the
report and send a written notification of result of verification to the
applicant. If a surprise inspection is necessary for the verification, the
inspection authority will carry out the inspection and notify results to the
applicant within 07 working days from the day on which the report of the
applicant is received.
Chapter 4.
RESPONSIBILITY AND ENTITLEMENT
OR POWER OF RELEVANT PARTIES
Article 37. Responsibility and
entitlement of business operators obtaining Certificates of food safety
1. A business operator obtaining the certificate of
food safety shall:
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b) Assign a person to work with the inspectorate on
behalf of the applicant;
c) Provide sufficient information, relevant
documents and samples of products serving the verification of food hygiene
control measures during the production process according to the request of the
inspectorate and take responsibility for provided information and documents;
d) Maintain regularly conditions for food safety
that have been certified;
dd) Take action to correct non-conformance
specified in the inspection record and notifications of the inspection
authority within the required period;
e) Sign in the inspection record.
g) Submit fees of inspection and issuance of
certificate in accordance with regulation in Article 9 of this Circular.
2. The business operator that is issued with
certificate of food safety may:
a) Agree or disagree (enclosed with explanation) on
the result of inspection specified in the inspection record;
b) Make a complaint about the conclusion of
inspection;
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Article 38. Responsibility and
entitlement of owners or producers of the shipments
1. An owner or a producer of the shipment shall:
a) Send an application to the inspection authority
in accordance with regulations of this Circular in order to be have the
shipment inspected and issued with the certificate;
b) Comply with regulations on inspection, taking of
samples for verification of food safety control measures, taking of samples for
testing of the shipment prescribed in this Circular and provide sufficient
relevant documents according to the request of the inspector;
c) Not change characteristics of the product,
shipment's composition and information of the label in comparison with contents
that have been registered, inspected and issued with the certificate of the
shipment;
d) Take the initiative in reporting to the
inspection authority when the shipment is returned or destroyed in the import
country and implement the suitable measures for dealing with the shipment which
is returned or recalled by the inspection authority;
dd) Ensure the plan for taking of samples for
verification of food safety control measures that has been agreed with the
inspection authority;
e) Submit fees of inspection and issuance of
certificate in accordance with regulations in Article 9 of this Circular.
2. The owner or producer of the shipment may:
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b) Request the inspection authority to carry out
inspection and take samples for testing of the shipment which can be used as
the basic for issuance of the certificate if the name of producer of the
shipment is defined in the priority list;
c) Reserve the opinions that are different from the
result of the inspection;
d) Make a complaint about or denounce all
violations committed by inspectors, the inspection authority, testing
laboratories and relevant individuals or organizations in accordance with
regulations of Law on Complaints, Law on Denunciations and their guiding
documents.
Article 39. Responsibility and
power of inspectors
1. During the process of performance of assigned
tasks, an inspector shall:
a) Comply with regulations on contents of,
procedures, measures and bases for inspection and certification of food safety
of the applicant; inspect and take samples for testing of the shipment in
accordance with regulations of this Circular;
b) Ensure the security of information related to
production and business of the business operator and the owners according to
the regulations of law; 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 or the owner;
d) Comply with the assignment of the head of
inspectorate and the head of the inspection authority; be accountable to the
head of inspection authority and take the legal responsibility for the result
of inspection.
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a) Request the business operator and the owner to
provide documents and specimens (if any) serving the inspection;
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 inspection;
c) Make a record and propose measures for taking
action against violations of regulations on food safety;
d) reserve his/her personal opinions and report to
the inspection authority if he/she does not agree about the conclusion of the
head of inspectorate prescribed in Point b, Clause 2 Article 40 of this
Circular;
dd) refuse to carry out the inspection of the
business operator fails to fulfill the responsibly as prescribed in Points b
and c Clause 1 Article 38 of this Circular.
Article 40. Responsibility and
power of the head of an inspectorate.
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 inspectorate shall:
a) Direct and assign tasks to inspectors of the
inspectorate in order to implement sufficient contents if the decision on
establishment of the inspectorate;
b) Opinions and results of the inspection given by
inspectors of the inspectorate and come to the final conclusion and specify it
in the inspection record;
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2. During the process of performance of assigned
tasks, apart from the power of an inspector prescribed in Clause 2 Article 39
of this Circular, the head of an inspectorate has the power to
a) Suggest the head of inspection authority to
issue a decision on change of the inspectorate’s members in order to implement
sufficient contents of the decision on establishment of the inspectorate.
b) Come to the final conclusion of the inspectorate
about the result of inspection.
Article 41. Responsibility and
power of NAFIQAD
1. NAFIQAD shall:
a) Organize the processing of the application, inspection
of the applicant, issuance of the certificate of food safety and inspection
post certification; inspect and issue certificates of shipments in the whole
country.
b) Provide a training in profession related to
processing of application, inspection visit, issuance of certificate of food
safety and inspection post certification, inspection and issuance of
certificate of the shipment for inspectors;
c) Keep sufficient documents related to the result
of inspection of the applicant, issuance of certificate of food safety and
inspection after the certificate of food safety is issued, inspection and
issuance of certificate of the shipment of the applicant in accordance with
regulations; provide document and submit a sufficient and accurate report on
issues related to the inspection and certification of the safety of fishery
food products for export to the Department of Agriculture and Rural Development
if it is required;
d) Take responsibility for the result of inspection
and certification of the safety of fishery food products for export;
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e) Ensure the security of information related to
business secrets of business operators that are inspected and issued with
certificates of food safety;
g) Publish and update the list of business
operators taking part in the program for certification of fishery food products
in each market and the priority list in accordance with regulations of this
Circular;
h) Send the Ministry of Agriculture and Rural
Development a request for update of the list of markets in which the competent
authority of the import country requests NAFIQAD to inspect and issuance of
certificate of the shipment in accordance with regulations of this Circular;
i) Update the list of regulations and standards of
Vietnam and the import country related to conditions for food safety and notify
the list to business operators, owners and relevant authorities and organizations.
2. NAFIQAD has the power to:
a) Carry out the inspection, issue and revoke
certificates of food safety to business operators that have been inspected;
take action against the violations prescribed in this Circular within its competence
and according to the regulations of law;
b) Inspect and issue certificate of shipments in
accordance with regulations of this Circular; refuse inspection and issuance of
the certificate if the owner fails to fulfill the responsibility prescribed in
Clause 1 Article 38 of this Circular;
c) Request inspected business operators to take
action to correct non-conformance in food safety specified in the inspection
record; find out the reasons and formulate remedial measures and report the
result of corrective action of the business operator owning the shipment that
is warned about the violations of food safety by the inspection authority and
the competent authority of the import country in according with regulations of
this Circular;
d) Notify the elimination from the list of the name
of the business operator taking part in the program for certification of
fishery food products for export in each import market or suspension of
issuance of certificate of shipment to the applicant that fails to ensure food
safety prescribed in Clause 2 Article 21 and Clause 1 Article 26 of this
Circular;
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Article 42. Responsibility and
power of Department of Agriculture and Rural Development of provinces
Departments of Agriculture and Rural Development of
provinces and their affiliated units shall cooperate with the inspection
authority in investigating the reasons and taking action to correct
non-conformance of facilities providing materials to business operators that
commit violations of regulations on and standards in food safety.
Article 43. Reasonability and
power of testing laboratories
1. A testing laboratory shall:
a) Comply with procedures for analysis, ensure
functions of equipment used for analysis, and ensure the security of
information of the owner and testing result in accordance with regulations of
law;
b) Ensure the accuracy, objectivity and honesty of
the testing result;
c) Only notify the testing result to the inspection
authority within the prescribed period.
d) Take responsibility for the testing result;
dd) take part in test program according to the
request of Ministry of Agriculture and Rural Development;
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2. The laboratory has the power to:
a) Refuse the samples that fail to meet the
technical requirements in accordance with regulations and deny analyzing the
samples and standards beyond the certified scope;
b) Be provided with information and facilitated
training to enhance the capacity of analysis;
c) Collect fees in accordance with applicable
regulations.
Chapter 5.
IMPLEMENTATION PROVISION
Article 44. Effect
1. This Circular comes into force from December 26,
2013.
2. This Circular replaces the Circular No.
55/2011/TT-BNNPTNT of Minister of Agriculture and Rural Development dated
August 03, 2011 on inspection and certification of quality and safety of the
fishery food products.
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4. A business operator that satisfies regulations
in Points a and c Article 22 of this Circular and maintains the conditions for
food safety at class A or B within 12 consecutive months before this Circular
takes effects shall be considered having its name defined in the priority list.
Article 45. Amendments to this
Circular.
Any problem arising from the implementation of this
Circular shall be reported to Minister of Agriculture and Rural Development for
consideration.
P.P. MINISTER
DEPUTY MINISTER
Nguyen Thi Xuan Thu