|
THE MINISTRY
OF INDUSTRY AND TRADE
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No.
45/2012/TT-BCT
|
Hanoi,
December 28th 2012
|
CIRCULAR
ON THE INSPECTION OF FOOD SAFETY AND QUALITY DURING THE
PRODUCTION OF FOODS UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE
Pursuant to the Government's Decree No.
95/2012/NĐ-CP dated November 12th 2012, defining the functions, tasks,
powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Law of Food safety No.
55/2010/QH12 dated June 17th 2010, and the Government's Decree No.
38/2012/NĐ-CP dated April 25th 2012, detailing the implementation of
a number of articles of the Law of Food safety;
Pursuant to the Law on Product and goods
quality No. 05/2007/QH12 dated November 21st 2007, and the
Government's Decree No. 132/2008/NĐ-CP dated December 31st 2008,
detailing the implementation of a number of articles of the Law on Product and
goods quality;
Pursuant to the Government's Decree No.
94/2012/NĐ-CP dated November 12th 2012 on the wine production and
wine trading;
The Minister of Industry and Trade issues a
Circular on the inspection of food safety and quality during the production of
foods under the management of the Ministry of Industry and Trade:
Chapter I
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 1. Scope of
regulation
This Circular deals with the principles,
process, and procedure for the inspection of food safety and quality during the
production of foods under the management of the Ministry of Industry and Trade,
including:
1. Beer, wine, and soft drink;
2. Processed milk;
3. Vegetable oil;
4. Powder and starch;
5. Confectionery;
6. Packages of the products prescribed in Clause
1, 2, 3, 4, and 5 of this Article.
Article 2. Subjects of
application
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The organizations and individuals that
produce the foods prescribed in Article 1 of this Circular, and have registered
their corresponding business in accordance with Vietnam’s law.
2. The relevant organizations and individuals.
Article 3. Interpretation of
terms
In this Circular, the terms below are construed
as follows:
1. A food factory (hereinafter referred to as
factory) is the premises that carry on one, some, or all stages including
preparing, processing, packing, and preserving, in order to create foods.
2. The inspection of food safety and quality
is the inspection of the compliance with current laws on assuring food safety
and quality during the production of foods.
3. Food testing is the tests and assessment
of conformity with corresponding technical regulations or standards applicable
to foods, food additives, food processing supplements, food supplements,
packages, tools and food storage materials.
4. A batch of food is a definite amount of
the same kind of products, having the same name, quality, expiry date, made of
the same materials, and produced at the same factory.
Article 4. The inspection
principles
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Keep the information, materials, inspection
results of the inspecting agency and the factory confidential until the
official conclusion is made.
2. Take responsibility before law for the
inspection result and relevant conclusions.
3. Ensure the plain assignment,
decentralization, and efficient cooperation; do not harass and disturb the
operation of the inspected factories.
4. Ensure the objectivity, accuracy, openness,
transparency, and impartiality; the members of the Inspectorate must not
directly or indirectly related to the economic benefits of the inspected
factory.
Chapter II
THE ORDER AND PROCEDURES
FOR THE INSPECTION OF FOOD SAFETY AND QUALITY DURING THE PRODUCTION OF FOODS
Article 5. Periodic
inspections
1. Depending on the actual developments and the
requirements of inspection of food safety and quality of each factory, the
inspecting agency shall formulate annual plans for the inspection of food
safety and quality (hereinafter referred to as plans) and estimate the budget
for such plans before November 01st every year, and send them to
competent authorities for approval. The inspection plan must determined the
inspected products, the number of inspected factories, and the inspection
content.
2. Do not inspect a factory more than once a
year.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 6. Irregular
inspection
1. The inspecting agency shall carry out the
irregular inspection in one of the following cases:
a) There are circulating products that do not
assure the food safety and quality, or are not conformable with the applicable
standards and corresponding technical regulations.
b) There are warnings from domestic and
international organizations about the food safety and quality.
c) The irregular inspection is requested by a
competent State management agency in charge of food safety and quality.
2. The inspecting agency must send prior notice
about the inspection to the food factory.
Article 7. The inspection
content
The inspection of food safety and quality
includes:
1. Inspect the documents related to the products
and the process of food production.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 8. The basis of the
inspection of food safety and quality
1. The corresponding national technical
regulations and standards and the standards announced to be applicable to the
food products under the management of the Ministry of Industry and Trade.
2. The current laws on food safety and quality
during the food production.
3. The current laws on goods labeling.
Article 9. Inspection of the
documents related to foods and the process of food production.
1. The certificate of registration of
corresponding business prescribed by Vietnam’s law.
2. The Certificate of fulfillment of food safety
conditions.
3. The License for wine production, applicable
to the wine producers.
4. The Notice of the reception of the
Declaration of conformity or the Certificate of Declaration of conformity with
the food safety regulations, and the standard certificate.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. The product test result within the previous
12 months given by a laboratory appointed or accredited by the Minister of
Industry and Trade.
7. The water test result.
8. The documents of each food batched produce by
the factory.
9. The sale contracts, invoices, and papers
related to the food ingredients, food additives, food processing supplements,
and food preservatives.
10. The certificates of knowledge about food
safety of the factory owner and the people who directly participate in the food
production.
11. The certificates of health of the factory
owner and the people who directly participate in the food production, or the
list of officers of the factory issued by a medical agency at the district
level or above.
12. The label content consistent with the
content registered with the competent agency.
13. The Certificate of conformity to HACCP or
ISO 22000 or the equivalents, the quality control and food safety documents,
applicable to the factories that employ the quality control system according to
HACCP and ISO 22000 (if any)
14. The latest inspection record issued by a
competent State agency (if any).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Inspect the condition of the factory,
including:
a) The facilities: the
location, environment; design, structure, arrangement; the ventilation system,
lighting system, the water supply system, air and compressed air supply system,
the waste treatment system; bathrooms, locker rooms; the waste collection and
treatment system; the drainage system and sewage treatment system.
b) The devices and equipment
serving the food production and processing, the devices and equipment serving
the packaging of food, the sanitary facilities, the equipment serving the
supervision and measurement; the instruments for washing and sterilizing hands;
the instruments for sample preservation; the instruments for pest prevention;
detergent;
c) The people who directly
participate in the food production and processing: the personal protective
equipment; personal sanitary equipment.
d) Food preservation during the production: The
warehouses of materials, packages, food additives, food processing supplements,
food products; shelves for materials and finished products; instruments for
temperature and humidity control; means of transporting materials and finished
products.
2. The inspection result shall be assessed in
accordance Annex I enclosed with this Circular.
3. Take samples for testing the foods that do
not assure the food safety and quality according to Annex II enclosed with this
Circular.
Article 11. Handling the
inspection results
1. The Inspectorate shall make a record
according to Annex I enclosed with this Circular, and send to inspection
results to the competent agency in charge of food safety and quality, and to
the inspected factory.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. If the factory does not comply with the
request for the rectification in the previous inspection record, the
Inspectorate must notify the local Service of Industry and Trade and the
competent agency in charge of food safety for supervising and handling.
4. If the factory still fails to assure the food
safety during the food production, or does not comply with the request for the
rectification in the inspection record, the Inspectorate must request the competent
agency in charge of food safety to handle this situation as prescribed by law.
Article 12. The budget
inspection and testing
1. The budget for the inspection of the
assurance of food safety and quality is funded from:
a) The annual State budget expenditure as
prescribed by current laws;
b) Other legal budget sources.
2. The budget for testing food samples are
specified in Article 41 and Article 58 of the Law on Product and goods quality,
Article 48 of the Law of Food safety, and other regulations of law.
Chapter
III
THE
RESPONSIBILITY AND AUTHORITY OF INSPECTING AGENCIES, INSPECTORATES, RELEVANT
ORGANIZATIONS AND INDIVIDUALS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The agencies that inspect the food safety and
quality have the following responsibility and authority:
1. Formulating and submitting annual plans for
inspection of food safety and quality to competent agencies for approval.
2. Making decisions on the establishment of
Inspectorates in order to carry out the inspections according to the periodic
or irregular plans.
3. Making handling decision within 03 working
days from the reception of the report from the Inspectorate on the suspension
of the production and trading of food, the sealing of food, the suspension of
the advertisements for unsafe foods.
4. Handling the violations during the inspection
of food safety and quality as prescribed in Article 30 of the Law on Product
and goods quality and other relevant laws.
5. Notifying the inspection results and relevant
conclusions to the factories.
6. Settling complaints about the decisions made
by the Inspectorates, and the acts committed by the Inspectorate’s members in
accordance with the laws on complaints and denunciations.
Article 14. The
responsibility and authority of Inspectorates
During the inspection of food safety and
quality, the Inspectorates have the following responsibility and authority:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Complying with law and the inspection
principles prescribed in Article 4 of this Circular.
3. Summarizing and reporting the results of the
inspections of food safety and quality to the provincial People’s Committees,
the Ministry of Industry and Trade, and competent agencies in charge of food
safety and quality.
4. Requesting the inspected factories to present
the relevant documents where necessary.
5. Requesting the food factories that do not
assure the food safety and quality to take remedial measures.
6. Take samples for testing where necessary.
Article 15. The
responsibility and authority of the food factories
1. Cooperating with the Inspectorates and
inspecting agencies during the inspection of food safety and quality at the
factories
2. Establishing and managing the books, and
recording the issues related to the food safety and quality at their factories.
3. Keeping and providing the documents,
technological process, and equipment related to the products that need
inspecting as prescribed in Article 9 and Article 10 of this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Reporting:
a) Report the rectification of the unreliability
of food safety and quality during the production to the inspecting agencies and
the local Services of Industry and Trade according to Annex V enclosed with
this Circular;
b) Report the compliance with the law on the
assurance of food safety and quality at the request of competent agencies
according to Annex VI enclosed with this Circular.
6. Maintaining the conditions for food safety
and quality as prescribed by law.
7. Rectifying the issues specified in the
inspection record at the request of the inspecting agencies and Inspectorates.
8. Making complaints about the conclusions given
by the Inspectorates as prescribed by law.
Chapter IV
REGULATIONS ON THE
IMPLEMENTATION
Article 16. Effects
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The Circular No. 47/2010/TT-BCT dated
December 31st 2010 of the Ministry of Industry and Trade on the
inspection of food quality, safety and hygiene during the production of foods
under the management of the Ministry of Industry and Trade is annulled on the
effective date of this Circular.
Article 17. Implementation
organization
1. The Department of Light Industry – the
Ministry of Industry and Trade shall cooperate with relevant agencies in
inspecting the food factories in the Annex VII enclosed with this Circular.
2. The Services of Industry and Trade in
central-affiliated cities and provinces (hereinafter referred to as Services of
Industry and Trade) shall inspect the local factories not in the list in Annex
VII enclosed with this Circular, and the food factories in Clause 1 this
Article under the authority of the Ministry of Industry and Trade.
3. The Department of Light Industry and Services
of Industry and Trade shall receive and report the difficulties during the
implementation of this Circular to the Minister of Industry and Trade for
consideration and amendment./.
FOR THE
MINISTER
DEPUTY MINISTER
Nguyen Nam Hai