THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT -
THE MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST REPUBLIC OF VIETNAM
Independence
- Freedom - Happiness
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No.: 45/2015/TTLT-BNNPTNT-BKHCN
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Hanoi, November
23rd, 2015
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JOINT CIRCULAR
ON LABELING OF PREPACKED GENETICALLY-MODIFIED FOODS
Pursuant to the Law of
Food safety dated June 17, 2010;
Pursuant to Decree No.
89/2006/NĐ-CP dated August 30, 2006 by the Government on goods label;
Pursuant to Decree No.
69/2010/NĐ-CP dated June 21, 2010 by the Government on biosafety for
genetically modified organisms, genetic specimens and products of genetically
modified organisms and Decree No. 108/2011/NĐ-CP dated November 30, 2011 by the
Government amending a number of articles of Decree No. 69/2010/NĐ-CP dated June
21, 2010 by the Government on biosafety for genetically modified organisms,
genetic specimens and products of genetically modified organisms;
Pursuant to Decree No.
38/2012/NĐ-CP dated April 25, 2012 by the Government detailing the
implementation of some articles of the Law on Food safety;
Pursuant to Decree No.
199/2013/NĐ-CP dated 26/11/2013 by the Government defining the functions,
tasks, entitlements and organizational structure of the Ministry of Agriculture
and Rural development;
Pursuant to the Decree
No. 20/2013/NĐ-CP dated February 26, 2013 by the Government defining the
functions, tasks, entitlements and organizational structure of the Ministry of
Science and Technology;
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The Minister of Agriculture and Rural development and the Minister of Science and Technology hereby
promulgate the Joint Circular guiding the labeling of prepacked
genetically modified foods.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
1. This Joint Circular provides guidance on labeling of
prepacked genetically-modified foods sold in Vietnam, at least 1 genetically
modified ingredient of which makes up over 5% of the total amount of
ingredients permissible for food production.
2. This Joint
Circular does not apply to:
a) Prepacked
genetically-modified foods containing genetically modified ingredients but the
modified genes and products of modified genes in which are not discovered;
b) Fresh genetically
modified foods, non-packaged processed genetically modified foods that are sold
directly to consumers;
c) Genetically modified
foods used for emergencies for recovery of natural disasters and/or epidemic
diseases.
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Article 2. Regulated
entities
This Joint Circular
applies to organizations and individuals relevant to the production, trade and
import of genetically modified foods in Vietnam.
Article 3.
Interpretation of terms
In this Joint Circular,
these terms can be construed as follows:
1. Genetically modified foods are the kinds of food that contain one or multiple
ingredients having genes modified by genetic engineering.
2. Genetically modified ingredients, food additives, food
processing aids are ingredients containing
genetically modified organisms, genes modified by genetic engineering or
products thereof that are used for food production and exist in finished
products, even when shapes of such ingredients are changed.
3. Prepacked genetically modified foods are genetically modified foods that have been packaged and
carefully labeled and are ready for sale for further processing or used as
instant food.
Chapter II
SPECIFIC REGULATIONS
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1. Genetically
modified foods must be labeled according to
law provisions on goods label.
2. The phrase “biến đổi gen” (genetically modified) and
content thereof shall be written on product’s label next to the name of the
genetically modified ingredients.
Regarding products whose
area for labeling is smaller than 10 cm2, the phrase “biến đổi gen”
must be displayed on the label; other compulsory information that cannot be
displayed on the label must be written on documents and packed together with
the product.
Article 5. Exemption
of mandatory labeling for a number of genetically modified foods
These articles are
exempted from mandatory labeling:
1. Food products carried along
for personal use within the duty-free
allowance; food products carried in
diplomatic bags and consular bags; food products temporarily imported, placed in transit,
transferred to bonded warehouses; food products
used as samples for testing or
studying; food products used as samples to be displayed in trade fair and exhibition;
2. Raw materials, food additives,
food processing aids, packages that are imported for production only and transported
internally between warehouses from province to province under the same
enterprise’s system.
Article 6. Correction of genetically modified foods’ label
Any pre-packed
genetically modified foods being sold on market whose labels are unconformable
to regulations in this Joint Circular must be corrected as follows:
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2. The phrase “biến đổi gen” must be added according to
regulations in this Joint Circular, provided that compulsory information as
prescribed in laws on goods labeling is not blocked.
3. The rectification of unconformable and insufficient
information on the label must ensure that such information cannot be restored.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 7. Effect
1. This Joint Circular comes into effect from January 08,
2016.
2. Any genetically
modified foods having labels unconformable to
regulations in this Joint Circular must not be produced and imported after
January 08, 2017. Unsold genetically modified foods may be sold until
their expiration dates on their labels.
Article 8. Responsibilities.
National Agro -
Forestry - Fisheries Quality Assurance Department (the Ministry of Agriculture and Rural Development), the Directorate
for Standards, Metrology, and Quality (the Ministry of Science and Technology)
are responsible for implementing and monitoring the implementation of this
Joint Circular nationwide for products under management.
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PP. THE MINISTER OF SCIENCE AND TECHNOLOGY
THE DEPUTY MINISTER
Tran Viet Thanh
PP. THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
THE DEPUTY MINISTER
Le Quoc Doanh