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GOVERNMENT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
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No.: 77/2016/ND-CP
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Hanoi, July 01,
2016
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DECREE
SUPPLEMENTING
AND AMENDING CERTAIN REGULATIONS ON INVESTMENT AND TRADING CONDITIONS IN INTERNATIONAL
TRADE IN GOODS, CHEMICALS, INDUSTRIAL EXPLOSIVES, FERTILIZER, GAS BUSINESS AND
FOOD BUSINESS UNDER THE STATE MANAGEMENT OF MINISTRY OF INDUSTRY AND TRADE
Pursuant to the Law on Organization of the
Government dated June 19, 2015;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to the Law on
quality of products and goods dated November 21, 2007;
Pursuant to the Law on Chemicals dated November 21, 2007;
Pursuant to the Law on Food
Safety dated June 17, 2010;
Pursuant to the Law on Investment dated November 26, 2014;
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At the request of Minister of Industry and
Trade;
The Government promulgates a Decree to provide
for supplements and amendments to certain regulations on investment and trading conditions in
international trade in goods, chemicals, industrial explosives, fertilizer, gas
business and food business under the state management of Ministry of Industry
and Trade.
Chapter I
INTERNATIONAL TRADE IN GOODS
Article 1. Addition of Clause
11 to Article 9 of the Government’s Decree No. 187/2013/ND-CP dated November
20, 2013 elaborating the implementation of the Commercial Law with regard of
international trade in goods and agencies' sale, purchase, processing and in
transit of goods for foreign principals
“11. Import/export of minerals:
a) Importers/exporters of minerals must be traders
as referred to by the Commercial Law;
b) With regard to export, import, temporary import
for re-export and transit of coals, traders must own or
lease business locations, vehicles, loading instruments, warehouses,
ports, and measuring instruments to serve the business and meet requirements
for technology, safety, environmental hygiene, and fire and explosion
prevention in accordance with prevailing laws.”
Article 2.
Amendments to Clause 2 and Clause 3 Article 11 of the Government’s Decree No.
187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the
Commercial Law with regard of international trade in goods and agencies' sale,
purchase, processing and in transit of goods for foreign principals
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3. The following goods shall be
temporarily imported for re-export under certain conditions:
a) Used goods;
b) Frozen foods;
c) Goods subject to special excise duty.
Ministry of Industry and Trade is
assigned by the Government to announce the List of goods temporarily imported
for re-export under certain conditions as referred to in this clause.”
Article 3.
Addition of Article 11a to the Government’s Decree No. 187/2013/ND-CP dated
November 20, 2013 elaborating the implementation of the Commercial Law with
regard of international trade in goods and agencies' sale, purchase, processing
and in transit of goods for foreign principals
“Article 11a. Conditions for temporary import
for re-export of frozen foods
An enterprise implementing the temporary import for
re-export of frozen foods in the List promulgated by Minister of Industry
and Trade must satisfy all of the following conditions:
1. Have at least VND 10
billion deposited at a credit institution in the province or city where the
enterprise’s warehouse is located as referred to in Clause 2 of this Article.
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a) The warehouse must contain
at least one hundred 40ft containers with the minimum area of 1,500 m2. The warehouse must be surrounded with a solid
fence with minimum height of 2.5m, have way for vehicles
transporting containers out and in the warehouse, and have gate and signboard of
enterprise usingthat warehouse;
b) The warehouse
must have sufficient power (including network electricity and backup generators
with equivalent capacity) and accompanied specialized
equipment to operate refrigerated containers in
corresponding to the warehouse’s capacity;
c) The warehouse
must be owned or leased by an enterprise under a lease contract, located
in a planning area for warehousing system in
service of temporary import for re-export of frozen foods
or in an area prescribed by a
boundary provincial People's Committee on the basis of an agreement made
with General Department of Vietnam Customs, Border Guard High Command and Ministry of Industry and Trade to build warehouses in service of temporary import for re-export of frozen foods;
d) The enterprise
is not allowed to lease the partial or entire warehouse which it has declared to apply for code of temporary import
for re-export to another enterprise in order to serve the purpose
of applying for a code of temporary import for re-export.”
Article 4.
Addition of Article 11b to the Government’s Decree No. 187/2013/ND-CP dated
November 20, 2013 elaborating the implementation of the Commercial Law with
regard of international trade in goods and agencies' sale, purchase, processing
and in transit of goods for foreign principals
“Article 11b. Conditions for temporary import for re-export of goods subject
to special excise duty
An enterprise engaging in temporary import for
re-export of goods subject to special excise duty in the List announced by
Minister of Industry and Trade must have VND 07 billion deposited at a credit
institution in the province or city where that enterprise has Certificate of
Business Registration or Certificate of Enterprise Registration issued.”
Article 5.
Addition of Article 11c to the Government’s Decree No. 187/2013/ND-CP dated
November 20, 2013 elaborating the implementation of the Commercial Law with
regard of international trade in goods and agencies' sale, purchase, processing
and in transit of goods for foreign principals
“Article 11c. Conditions for temporary import for re-export of used products
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Article 6.
Addition of Article 11d to the Government’s Decree No. 187/2013/ND-CP dated
November 20, 2013 elaborating the implementation of the Commercial Law with
regard of international trade in goods and agencies' sale, purchase, processing
and in transit of goods for foreign principals
“Article 11d. Issuance of Certificate of code of good temporary import for
re-export
1. Ministry of Industry and Trade
shall issue a Certificate of code of good temporary import for re-export
(hereinafter referred to as code of temporary import for re-export) to an
enterprise that meets conditions prescribed in Article 11a or Article 11b or
Article 11c of this Decree.
2. The code of temporary
import for re-export prescribed in this Article is a specific code for each
commodity heading. An enterprise may carry out the temporary import for
re-export of goods in the commodity heading of which code of temporary import
for re-export issued to that enterprise.
3. In case where foreign goods
are sent into bonded warehouses for export/re-export through boundary
provinces, only enterprises who have code of temporary import for re-export of
the commodity heading of those goods may fill their names in customs
declarations for putting goods into bonded warehouses and ex-warehousing from
bonded warehouses for export/ re-export. Goods sent into bonded warehouses must
comply with regulations of the law on customs.
4. The temporary import for
re-export and/or sending of goods prescribed in Article 11a, Article 11b and
Article 11c of this Decree into bonded warehouses shall not be the conditional
temporary import for re-export and shall not require a code of temporary import
for re-export provided that the export/re-export of those goods are not made
through Northern boundary border gates. In special cases, Ministry of Industry
and Trade may request the Prime Minister to adopt regulations on issuance of
codes of good temporary import for re-export to enterprises that engage in
temporary import for re-export and/or sending goods into bonded warehouses for
export/re-export not through Northern boundary border gates.”
Article 7.
Addition of Article 28a to the Government’s Decree No. 187/2013/ND-CP dated
November 20, 2013 elaborating the implementation of the Commercial Law with
regard of international trade in goods and agencies' sale, purchase, processing
and in transit of goods for foreign principals
“Article 28a. Conditions
for issuance of permit for production/ export processing of military uniforms
of foreign armed forces
Ministry of Industry and Trade shall issue permit
for production/export processing of military uniforms of foreign armed forces
upon a written certification of Ministry of Public Security or Ministry of
National Defence after all of the following conditions are satisfied:
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2. If the importing country is
USA, the application for permit for production/export processing for the first
time must be enclosed with certificate of producer identification code (MID
code) for exporting garments products to USA issued by Ministry of Industry and
Trade.”
Chapter II
CHEMICAL SECTOR
Article 8. Addition
of Article 12a to the Government’s Decree No. 108/2008/ND-CP dated October 07,
2008 detailing and guiding the implementation of certain articles of the Law on
Chemicals
“Article 12a. Conditions
for production/trading of industrial precursors
1. Conditions for production of
industrial precursors
Producers of industrial precursors must satisfy all
of conditions for production of industrial chemicals referred to in Clause 4
Article 1 of the Government’s Decree No. 26/2011/ND-CP dated April 08, 2011 providing
for amendments to certain articles of the Government’s Decree No.
108/2008/ND-CP dated October 07, 2008 detailing and guiding the implementation
of certain articles of the Law on Chemicals.
2. Conditions for trading in industrial precursors
A trader in industrial precursors must satisfy all
of conditions for trading in industrial chemicals as referred to in Clause 4
Article 1 of the Decree No. 26/2011/ND-CP and the following conditions:
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b) Persons in direct contact with precursors,
including managers, shopkeepers, delivery men and warehouse-keepers, have
attended training courses in chemical safety as referred to in Clause 5 Article
1 of Decree No. 26/2011/ND-CP ;
c) Business locations and/or locations for
displaying industrial precursors for sale must ensure the
quality of stored industrial precursors in conformity with the law on quality
of goods and products. Warehouses or areas
for storing and preserving industrial precursors must satisfy technical requirements on safety and have necessary
warnings installed in accordance with the Law on Chemicals;
d) A trader in industrial precursors must
meet requirements on firefighting and prevention, and environmental protection
as regulated by laws;
dd) Sold
industrial precursors must be properly labeled in accordance with the
laws. Invoices for purchase and sale of precursors must clearly
show the origin, importers or distributors of such precursors. Entities
importing precursors from foreign countries into Vietnam must have one of documents relating to the trading in precursors such as sales contract, or sales agreement, or memorandum, or commercial
invoice;
e) Record of sales of toxic chemicals certified by the buyer and seller
must be presented in conformity with the Law on Chemicals
if sulfuric acid and hydrochloric acid are traded.”
Article 9. Amendments to Points
c, d, dd, h and i Clause 1 Article 15 of the Government’s Decree No.
38/2014/ND-CP dated May 06, 2014 on management of chemicals governed by the
Convention on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on their Destruction
“Article 15. Conditions for
production of Schedule 1 chemicals
1. Organizations and individual are
not allowed to produce the Schedule 1 chemicals, except
for the cases where they are produced to serve the purposes of scientific
research, maintenance of national defense and security, prevention and combat
of epidemic diseases, and any producer of Schedule 1 chemicals for such purposes must
satisfy the following conditions:
c) Have location, area, workshop,
machinery, equipment, technological process and warehouse
suitable to produce Schedule 1 chemicals with quality standards assured.
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Available or leased warehouses must correspond to
chemical warehouse technologies and comply with regulations and standards on
fire and explosion prevention. The warehouse where chemicals are stored must have a notice board showing regulations on
chemical safety, conspicuous danger signs and
signaling system in corresponding with the
danger level of stored chemicals with all hazards of
chemicals are shown;
Stored chemicals must have proper labels in accordance with current
laws on labeling. Labels of Schedule 1
chemicals must be chemically and mechanically durable throughout the existence
of chemicals.
d) Have testing/ analytical laboratories for
managing quality of chemicals. Testing laboratories must be able to carry out
analysis of quality norms specified in National technical regulation for output
products and quality norms defined in technical standards applied to input
materials in order to control product quality;
In cases where testing laboratories are
not available or existing testing laboratories are unable to carry out testing
for required quality norms, the producer must enter into a contract with a
qualified testing institution that has a certificate of testing operation registration
issued in conformity with regulations on quality of goods and products and is
assigned to control quality of chemicals.
dd) Have a chemical emission
and waste treatment system in conformity with regulations of the law on
environment and national technical regulations for industrial emissions,
hazardous waste threshold and solid wastes;
h) Employ a technical director or
deputy director who must possess bachelor’s degree or higher level in
chemicals; managerial, technical and production executives must possess
bachelor’s degree or higher level in chemicals or have obtained certificates
proving their competence in chemicals;
i) Employees in direct contact with chemicals must
attend training courses in chemical safety and have
certificates of completion of training courses in chemical safety
granted by competent agencies.”
INDSUTRIAL EXPLOSIVES
Article 10.
Amendments to Points a, b and c Clause 3 Article 11 of the Government’s Decree
No. 76/2014/ND-CP dated July 29, 2014 detailing certain articles of the
Ordinance on amendments to the Ordinance on management and use of weapons,
explosive materials and combat gears
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a) The warehouse or port where
explosive precursors are unloaded must comply with regulations on security and
safety; have fire safety equipment and satisfy fire
prevention and fighting conditions as prescribed by the Law on fire prevention and fighting; ensure a safe distance to the entities and
objects that need protection under applicable standards, regulations of law on
chemicals, and relevant regulations. A trader in ammonium
nitrate of high content (98.5% or higher) must have a Certificate of
conformity with security and public order issued by a competent authority;
b) Containers of explosive precursors
must ensure quality of stored explosive precursors and
environmental hygiene, must be impervious to water, not leaked, be
cleaned and dried before storing explosive precursors; vehicles
for transporting explosive precursors must comply with regulations of the
law on transport of dangerous goods;
c) A trader in explosive precursors must have a
warehouse (or lease a warehouse to store explosive precursors) which must meet
requirements on warehouse and quality assurance of traded explosive
precursors.”
Article 11.
Amendments to Clause 4 Article 11 of the Government’s Decree No. 76/2014/ND-CP
dated July 29, 2014 detailing certain articles of the Ordinance on amendments
to the Ordinance on management and use of weapons, explosive materials and
combat gears
“4. Chemical safety requirements
a) Have adopted measures certified by or plans approved by competent authorities for preventing and responding to events of
chemical hazards in accordance with the Law on Chemicals;
b) Have chemical safety datasheet
expressed in Vietnamese, issued by trader, attached along with explosive
precursors and retained at places where explosive precursors are stored;
c) Have regulations on chemical
safety and signaling system in corresponding with the
danger level of stored chemicals shown at places where explosive
precursors are stored. If stored explosive precursors have different hazards,
warning signs must fully show such hazards;
d) Do not store explosive precursors in outdoor
condition; do not store explosive precursors together with combustible
materials, reducing agents and chemicals/materials which generate heat by
absorption of moisture.”
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“Article 17. Conditions for
production of industrial explosives
6. Managers, workers and employees
involved in the production of industrial explosives must satisfy security and
order requirements; possess professional qualifications corresponding to their
working positions and duties, have been trained in safety techniques, fire
prevention and fighting and response to accidents in
industrial explosive production activities. To be specific:
a) Persons in direct contact with the production of
industrial explosives must satisfy the following conditions:
- Have legitimate personal
identification papers and are not prohibited from participating in industrial
explosive activities as referred to in Clause 5 Article 5 of the Decree No. 39/2009/ND-CP;
- Possess professional
qualifications corresponding to assigned duties and have been trained in safety
techniques in industrial explosive activities as referred to Article 29 of the
Decree No. 39/2009/ND-CP and regulations in QCVN
01:2012/BCT, QCVN 02:2008/BCT on industrial explosive activities; TCVN 5507:2002 and relevant standards and regulations for
explosive precursors, and have certificates of safety techniques for industrial
explosives issued by competent authorities;
- Must be fit to meet requirements
for each job in accordance with applicable regulations of the labour law;
- Persons in direct contact
with the production of industrial explosives and explosive precursors must be
trained and obtain professional qualifications corresponding to assigned
positions and duties.
b) Apart from conditions in Point a Clause 6 of
this Article, foreigners participating in industrial explosive activities in
Vietnamese enterprises must obtain work permits from competent employment
authorities, and be given training in laws on industrial explosives and
relevant laws of Vietnam;
c) Managers, division heads and employees directly
involved in industrial explosive and explosive precursor activities in
enterprises affiliated to Ministry of National Defence must
be given training and have certificates granted by Ministry of
National Defence or an agency in charge of managing industrial
explosives under the Ministry of National Defence’s
assignment. Training contents shall follow requirements in Point a Clause 6 of
this Article.
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“Article 20a. Conditions for import/export of
industrial explosives
1. Conditions for import of industrial explosives
a) An importer of industrial explosives must be
licensed to trade industrial explosives;
b) Contracts for purchase of industrial explosives
entered into with foreign enterprises and contracts for sale of industrial
explosives entered into with domestic enterprises are required.
2. Conditions for export of industrial explosives
a) An exporter of industrial explosives must be
licensed to trade industrial explosives;
b) Contracts for sale of industrial explosives
entered into with foreign enterprises and contracts for purchase of industrial
explosives entered into with domestic enterprises are required;
c) If industrial explosives are exported (or
re-exported) by foreign petroleum enterprises, contracts for purchase of
industrial explosives from foreign enterprises and contracts for sale of
industrial explosives to other foreign enterprises are required.”
Article 14.
Amendments to Clauses 2, 3, 4 Article 21 of the Government’s Decree No.
39/2009/ND-CP dated April 23, 2009 providing for industrial explosives
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2. There are mineral
or petroleum activities, or construction or research or testing works
requiring use of industrial explosives. Locations for
using industrial explosives must ensure security and order
conditions, and safety distances required for works and entities in need of protection according to current technical standards and regulations, and relevant
regulations. Organizations using industrial explosives must have:
a) Permit for mineral exploration and
exploitation if users are mineral enterprises;
Permit for petroleum exploration and extraction if users are
petroleum enterprises; Bid-winning decision, or building
contract, or letter of authorization/assignment to execute the building
contract made by governing bodies;
b) Construction designs of
construction work items or mining designs with use of industrial
explosives, for industrial-scale works; or
construction or exploitation plans, for manual construction or exploitation
activities or removal of bombs/mines/unexploded ordnance. The
designs or plans approved by investors must meet safety requirements prescribed
in QCVN 04:2009/BCT or QCVN 05:2012/BLDTBXH or QCVN 01:2011/BCT or QCVN 18:2014/BXD and other
relevant construction standards and technical regulations;
c) The blasting plan with contents regulated by
Minister of Industry and Trade.
3. Storehouses, technologies, equipment, facilities and tools serving the use
of industrial explosives must be available and meet
requirements under current standards and technical regulations and regulations
in Section 6 of this Decree; if storehouses and means of
transport are not available, premises lease
contracts must be made with organizations licensed to preserve
and transport industrial explosives or notarized copy of principle
contract made with organizations licensed to trade in industrial explosives in
order to provide industrial explosives to the works under blasting technical
instructions.
4. Managers, head of blasting
operation, blasting workers and employees involved in the use of
industrial explosives must satisfy security and order requirements; possess
professional qualifications corresponding to their working positions and
duties, have been trained in safety techniques, fire prevention and fighting, and response to incidents in the use of industrial explosives. An organization using industrial explosives must have:
Decision made by enterprise’s leader on appointment of blasting commander and
the list of blasting workers and employees directly involved in
the use of industrial explosives; Work permits of foreigners who
participate in the use of industrial explosives (if any).
A head of blasting operation must have an
appointment decision signed by a leader of the organization using the
industrial explosives and meet the following conditions: Possess an
intermediate-level diploma or higher in mining and/or geology, or traffic works
or irrigational works, or bullet weapons, or chemical technology in propellants
and explosives, and have at least 01 year (if possessing bachelor’s degree or
three-year associate degree) or 02 years (if having intermediate level in
techniques) of experience in the use of industrial explosives; if a head of
blasting operation possesses an intermediate-level diploma or higher in other
technical majors, he/she must have at least 02 years (if possessing bachelor’s
degree or three-year associate degree) or 03 years (if having intermediate
level in techniques) of experience in the use of industrial explosive, and is
required to attend improvement courses in blasting techniques and safety rules
and regulations in the exploitation of minerals/petroleum or construction in
corresponding to the working field with the use of industrial explosives.
Blasting workers or employees directly involved in
the use of industrial explosives must be trained and obtain
professional competence corresponding to assigned
positions and duties as required in Annex C of QCVN 02:2008/BCT.”
Article 15.
Amendments to Clause 2 Article 26 of the Government’s Decree No. 39/2009/ND-CP
dated April 23, 2009 providing for industrial explosives
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Have the written request for issuance of permit to
provide blasting service issued by provincial people’s committee with respect
to blasting services mentioned in Point a Clause 1 Article 25 of this
Decree."
Chapter IV
FERTILIZER
Article 16. Amendments to
Point a Clause 3 Article 8 and addition of Article 8a to the Government’s
Decree No. 202/2013/ND-CP dated November 27, 2013 providing for management of
fertilizer
1. Point a Clause 3 Article 8 is amended as
follows:
“Article 8. Conditions for production of fertilizer
3. Personnel
a) At least one technician possesses bachelor’s
degree or higher in any of the following majors: chemistry,
physics, biology, agronomy, cultivation, crop science, or agrochemistry
– pedology”.
2. Article 8a is supplemented
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1. The production line must be
mechanized and must ensure quality of produced fertilizer.
Machinery and equipment for producing fertilizer must have clear and legitimate origin. Machinery and equipment must
have stringent requirements on safety, and testing and measurement instruments
must be verified, calibrated and adjusted in conformity with current regulations.
2. Production technological process and process for
each type of fertilizer must correspond to production, equipment and capacity.
3. Fertilizer producer must have testing
laboratories eligible to carry out analysis of quality
norms specified in National technical regulation for output products and
quality norms defined in technical standards applied to input materials in
order to control product quality.
Inorganic fertilizer producer that
has no testing laboratory or has testing laboratories which are unable to carry out analysis of all required quality norms as
specified in National technical regulation, a contract
must be signed with an designated or accredited testing institution to control quality of produced fertilizer.
4. The entity hiring another entity to manufacture inorganic fertilizer must make a written agreement and meet all
conditions for business subject as referred to in Clause 1 Article 8 of Decree
No. 202/2013/ND-CP. The entity that are hired to
manufacture inorganic fertilizer must meet conditions
for business subject as referred to in Clause 1 Article 8 of Decree No.
202/2013/ND-CP and requirements on technical infrastructure and
technical documents as referred to in Clauses 1, 2 and 3 of this Article. The entity that hires another entity to manufacture inorganic fertilizer shall submit the application for issuance of a License to manufacture inorganic fertilizer in accordance with regulations
of Ministry of Industry and Trade.”
Article 17.
Addition of Article 8b to the Government’s Decree No. 202/2013/ND-CP dated
November 27, 2013 providing for management of fertilizer
“Article 8b. Conditions for production of organic fertilizer and other
types of fertilizer Conditions for production of organic fertilizer and
other types of fertilizer are provided for in Points a, b, c, d
Clause 2 Article 8 in national technical regulation for production of organic
fertilizer and other types of fertilizer. If the national technical regulation
is not available, the production of organic fertilizer and other types of
fertilizer must comply with the following regulations:
1. Production capacity
Fertilizer production capacity must be conformable
with the production line, machinery, equipment and production technological
process.
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a) Having or leasing workshop,
warehouse for raw materials and warehouse for finished products with the area in line with the
production capacity;
b) Having or leasing premises
whose area must meet the requirements for internal traffic,
operation house, testing laboratory or other requirements as referred to
by applicable laws.
3. Warehouses for finished products and raw
materials
a) Having warehouse or entering
into a contract for leasing warehouse whose area must be
consistent with the production capacity or production
planning;
b) Warehouse must have firm roof and walls, waterproof floor and other
means of preservation, except for warehouse of organic materials;
c) Having rules of warehouse to
ensure the quality of products and labor safety.
4. Production machinery and equipment
a) Having production line, machinery
and equipment from the processing of materials to the final products in
conformity with the production capacity and technological
process. The stages and systems require
motorized and automated machinery and equipment: Shoveling
and mixing materials when producing root fertilizer; crushing
and screening when producing solid or powder fertilizer;
stirring and filtering when producing liquid fertilizer; transportation line; drying and granulating for fertilizer in the form
of grains or tablets, or drying
system for powder fertilizer, where necessary; weighing and packaging system of finished products;
b) In case of self-production of yeast strains to produce microbial
organic fertilizer or microbial fertilizer, equipment
for preparation of environment and culture of microorganisms
consist of: technical balance, shaker, sterile autoclave,
incubator, drier, peristaltic shaker, microwave, microbiological
safety cabinet, refregerator, fermenter or fermentation equipment for
production of microbial fertilizer and microbial organic fertilizer;
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6. Production technological process
Production technological
process must be available for each type of fertilizer and correspond to production machinery and equipment, and production capacity.
7. Quality control
Having certificate of quality control
system according to TCVN ISO 9001:2008 or above or equivalent. New producers must have this certificate within 01 year from the date of
establishment.
8. Raw materials and additives for production of fertilizer
a) Having the list of input raw
materials and additives for each type
of produced fertilizer in consistent with the production
technology;
b) Raw materials and additives must have obvious
origin.
9. Testing laboratories
a) Having testing
laboratory which is unable to carry out analysis of
quality norms according to standards announced for application and as specified in corresponding national technical
regulation or signing contract with an designated or
accredited testing laboratory to control quality of each produced batch of fertilizer;
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Article 18.
Amendments to Clause 8 Article 15 of the Government’s Decree No. 202/2013/ND-CP
dated November 27, 2013 providing for management of fertilizer
“Article 15. Conditions for sale
of fertilizer
8. If an entity sells inorganic
fertilizer, organic fertilizer and other types of fertilizer at the same
time, that entity must satisfy conditions for sale of fertilizer in this
Article and those stated in Article 15a and Article 15b.”
Article 19.
Addition of Article 15a to the Government’s Decree No. 202/2013/ND-CP dated
November 27, 2013 providing for management of fertilizer
“Article 15a. Conditions for sale
of inorganic fertilizer
Conditions for sale of inorganic fertilizer referred to in Clauses 2,
3, 4, 5 Article 15 shall be elaborated
as follows:
1. Stores or business
locations where inorganic fertilizer is sold
must have signs, public price lists for each type of fertilizer, listed in a
noticeable and legible place. Fertilizer displayed
for sale must be arranged separately, not be confused with other
types of goods, must be stored in a dry place in order to
keep the quality of fertilizer and environmental hygiene condition.
2. Packaging, instruments
and/or equipment for containing, storing
and transporting fertilizer must guarantee
the fertilizer's quality and
environmental hygiene, and must not be leaked to spread fertilizer affecting the surrounding environment.
Measures for handling fertilizer packaging, bottles, jars
and expired fertilizer products must
be taken.
3. Warehouses must meet requirements
on building location and design in
conformity with the traded fertilizer, and requirements
for environmental protection, fire fighting and
prevention. In a warehouse, fertilizer must be arranged
separately and not be confused with other types of goods.
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Article 20.
Addition of Article 15b to the Government’s Decree No. 202/2013/ND-CP dated
November 27, 2013 providing for management of fertilizers
“Article 15a. Conditions for sale
of organic fertilizer and other types of fertilizer
Regulations in Clauses 2, 3, 4, 5
Article 15 with respect to conditions for sale of organic fertilizer and
other types of fertilizer are guided for implementation as follows:
1. Stores or business locations where
organic fertilizer and/or other types of fertilizer are
sold must have signs, and public price lists displayed in a noticeable and legible place. Organic fertilizer and/or
other types of fertilizer displayed for sale must be arranged
separately, not be confused with other types of goods, must be stored in a dry
place in order to keep the quality of fertilizer and environmental hygiene
condition.
2. Packaging, instruments and/or equipment for containing,
storing and transporting fertilizer must guarantee the fertilizer's quality,
and must not be leaked to spread fertilizer to the outside and affect the surrounding environment. Measures for handling fertilizer
packaging, bottles, jars and expired organic fertilizer and/or other types of fertilizer must
be taken.
3. Having or leasing a warehouse for storing organic fertilizer and/or
other types of fertilizer, which must meet requirements on building location
and design in conformity with the traded fertilizer, and requirements for
environmental protection, fire fighting and prevention. In a warehouse, organic
fertilizer or other types of fertilizer must be arranged
separately, not be confused with other types of goods, or in direct contact
with rain, sunlight or wind, must comply with environmental hygiene requirements
and not be leaked to cause pollution to surrounding environment.
4. If a retail store of organic
fertilizer and/or other types of fertilizer does
not have warehouse, devices and equipment for containing organic
fertilizer and/or other types of fertilizer
must guarantee the fertilizer’s quality, and be conformable with requirements
on environmental hygiene.
5. Having invoices or legal documents showing the
origin, importer or distributor of each type of organic fertilizer
and/or other types of fertilizer.”
Article 21.
Addition of Clause 1a to Article 20 of the Government’s Decree No.
202/2013/ND-CP dated November 27, 2013 providing for management of fertilizers
“Article 20. Experiments on fertilizer
1a. Entities that meet all of the following
conditions shall be eligible to carry out fertilizer experiments:
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b) Conditions to be satisfied by a fertilizer
producer or importer that itself carries out the fertilizer experiments: Have a
license to producer fertilizer (for fertilizer producer) or Certificate of
enterprise registration or Investment Certificate or Business registration
certificate (for importer of fertilizer for trading); personnel requirement: as
referred to in Point a of this Clause.”
Chapter V
GAS BUSINESS
Article 22.
Addition of Article 18a to the Government’s Decree No. 19/2016/ND-CP dated
March 22, 2016 providing for gas business
“Article 18a. Conditions for issuance of Certificate of eligibility for LPG
bottle testing
1. A LPG bottle test station that meets the
following conditions shall be eligible to have a Certificate of eligibility for
LPG bottle testing granted:
a) Have legal status;
b)Have regulations on safety and process for LPG
bottle testing approved by the station’s leader as regulated;
c) Have necessary equipment to serve the testing.
To be specific:
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- Devices for measuring metal
thickness, weld ultrasonic flaw detector;
- Equipment for assembling
and disassembling bottle valves;
- Equipment for testing
durability and tightness;
- Water remover;
- Equipment for checking the inside of bottle;
- Surface cleaning equipment;
- Scales;
- Stamping equipment;
- Vacuum suction
equipment.
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d) Have qualified personnel to serve the testing: Employees who
directly carry out the testing must be trained in professional skills and
safety in bottle testing with certificates thereof granted, and have at least
02 years of working experience;
dd) Have plans for firefighting and prevention
approved, and fire equipment equipped in accordance with applicable laws.
2. Certificates
of eligibility for LPG bottle testing are issued by Ministry
of Industry and Trade”.
Article 23.
Addition of Article 18b to the Government’s Decree No. 19/2016/ND-CP dated
March 22, 2016 providing for gas business
“Article 18b. Conditions for issuance of Certificate of eligibility for production/
repair of LPG bottles
1. An establishment producing/repairing LPG bottles
may have a Certificate of eligibility for production/repair of LPG bottles if
all of the following conditions are satisfied:
a) Have legal status;
b) Have regulations on safety, LPG bottle
manufacturing process and processes for quality control of manufactured
products approved by the establishment’s head;
c) Have testing equipment which meets requirements
on control of safety and quality of manufactured LPG bottles. To be specific:
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- Gas tightness testing
system;
- Non-destructive testing
equipment: weld quality testing equipment and ultrasonic thickness gauges;
- Equipment for testing
components and mechanical properties of materials used to manufacture LPG
bottles;
- Scales;
- Tightening torque measuring
tools.
d) Have testing equipment operators and welders who
must meet the following requirements:
- Testing equipment operators
must be trained in professional skills and safety techniques as regulated;
- LPG bottle welders must
possess Certificates of pneumatic tools welding as
regulated.
dd) Have plans for firefighting and
prevention approved, and fire equipment equipped in accordance with applicable
laws.
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Chapter VI
FOOD BUSINESS SECTOR
UNDER THE STATE MANAGEMENT OF MINISTRY OF INDUSTRY AND TRADE
Section 1. GENERAL REGULATIONS
Article 24. Conditions for
investment and trading in food sector under the state management of Ministry of
Industry and Trade
1. Food production and trading establishments that
are required to have Certificates of conformity with food safety regulations
under the management of Ministry of Industry and Trade must:
a) Have Certificate of enterprise registration,
Certificate of household business registration or other papers of equivalent
legal effect;
b) Have conditions for ensuring food safety in
conformity with each type of production or trading in foods as referred to in
Sections 2, 3, 4, 5, 6, 7 Chapter VI of this Decree.
2. Food production and trading
establishments that are not required to have
Certificates of conformity to food safety regulations as referred to in
Clause 1 Article 12 of the Decree No. 38/2012/ND-CP under the
management of Ministry of Industry and Trade must satisfy the following
conditions:
a) Have conditions for ensuring food safety in
conformity with each type of production or trading in foods as referred to in
Section 8 Chapter VI of this Decree;
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Article 25.
Conditions for appointment of testing establishment and reference testing
establishment in food safety under the state management of Ministry of Industry
and Trade
1. Conditions for appointment of food testing
establishment:
a) Must be established under the law or assignment
decision of a competent authority;
b) Have quality management system that must meet
regulations in TCVN ISO/IEC 17025:2007 or ISO/IEC
17025:2005;
c) Have equipment and facilities that meet
requirements on testing methods;
d) Have at least 02 testers who must be technicians
possessing bachelor’s degrees in testing;
dd) Have testing methods updated with value
certified;
e) Have criteria/assays complying with regulations
or corresponding technical regulation and other relevant requirements adopted
by supervisory ministries.
2. Conditions for appointment of food
reference testing establishment:
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b) Have quality management system certified to be
conformable with TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005, and that
certification of conformity must be valid for at least 01 more year from the
application for registration of appointment;
c) Have results of proficiency testing or interlaboratory comparison conformable with requirements on
criteria/assays registered for reference testing.
Section 2. GENERAL FOOD SAFETY
CONDITIONS TO BE SATISFIED BY FOOD PRODUCTION ESTABLISHMENT
Article 26.
Conditions to be satisfied by food production establishment
1. Location and environment:
a) Production location must have enough area for the placement of food production area and
auxiliary areas in order to facilitate the food
production, storage and transportation;
b) No standing water or pooled water
is present in the manufacturing and storage areas;
c) Pests and other contaminants are
prevented from affecting the manufacturing facility;
d) The food safety is protected from the
pollution by dust, toxic chemicals chemicals and other sources of
pollution.
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a) Production workshop and auxiliary areas must have enough area
for arranging the food production line and be conformable with its design use;
b) The food manufacturing process
shall be designed according to one-way rule from raw
materials to finished products;
c) The following areas shall be
designed to be situated separately: raw materials storage, finished products
storage; preparation, processing and packaging areas;
restrooms; protective clothing change rooms and relevant auxiliary areas. Raw
materials, finished foods, packing materials and waste must be separately
placed;
d) Internal roads shall be
constructed to ensure hygienic standard; drainage system
must be covered closely to ensure hygienic
standard;
dd) The waste collection and
treatment area must be outside the food manufacturing area and ensure hygienic
standards.
3. Workshop structure:
a) The workshop must have a firm structure suitable to the nature, scale and process
of food production technology;
b) Materials in direct contact with
foods must have a smooth surface, be
impervious to water, not release harmful substances into the foods, not be eroded by detergents, disinfectants, and be
easily cleanable and sterilized;
c) Walls must be
flat, in bright color, impervious to water, not cracked,
not adhered by dirty substances and be easily cleanable;
ceilings must be flat, in bright color, not leaked,
impervious to water, not cracked, not adhered by dirty substances and easily cleanable;
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dd) Front door and windows must be smooth, tight,
convenient for cleaning and not be penetrated by pests or domestic
animals;
e) Stairs, flight of steps and shelves must be not
slippery, be easily cleaned and located at places suitable to the manufacturing
process.
4. Air ventilation system:
a) The ventilation for areas of the production
establishment must be ensured and correspond to the type of food production; the air ventilation system must be easily maintainable and cleanable;
b) The air flow direction of the air ventilation system must be
ensured in a manner of not blowing from the contamination-prone areas to area where the cleanness is a
must.
5. Lighting system:
a) Lighting system must be constructed as regulated
in order to meet requirements on the production, quality control and food
safety;
b) Lamps must be
safely covered by boxes or grids in order to avoid
lamp break and ensure that broken lamps may not fall into foods.
6. Water supply system:
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b) Clean water must be sufficiently provided
to clean equipment, devices, clean the production establishment and must
be conformable with regulations on the
quality of edible and drinkable water;
c) Water sources exploited, treated and used by the
production establishment must be inspected and conformable with regulations on
the quality of edible and drinkable water; the inspection of hygiene must be
carried out for every 6 months.
7. Steam and compressed air:
a) Steam and compressed air used for the
food production must be clean, safe, and must not contaminate foods;
b) Water used for food production
shall be run in different pipes with different color from the water pipeline system for the purposes of production of steam, chilling,
firefighting or for other purposes.
8. Waste treatment system:
a) Waste and garbage
containers must be available; such containers must be made of firm materials,
closely covered and may be locked (where necessary). Containers of dangerous
waste must have a specialized design to be easily differentiated from others,
and may be equipped with locks to prevent pollution;
b) The waste treatment system must be
operated on a regular basis and the waste must be
treated in conformity with standards referred to in the regulations on hygiene
and environment.
9. Restrooms, protective-clothing
change rooms:
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b) The air ventilation is constructed
in a manner that the air flow does not blow from the
restrooms to the food production area; the drainage system works well
and ensure sanitary conditions. The board
“Rửa tay sau khi Di vệ sinh” (“Wash your hands after using
the restroom”) must be hung at a noticeable place in the restroom;
c) There is a room to change the protective
clothing before and after working.
10. Food raw materials and food
packing materials:
a) Food raw materials, food
additives, food processing aids and preservative
substances used in the food production must
have clear origin and ensure safety as regulated;
b) Food packing materials must be
reliable and safe; the chemical contaminants from the food packaging materials
do not migrate into foods and those materials are not
contaminated that affect to the food safety and quality.
Article 27. Equipment
and device requirements
1. Equipment and devices in direct contact with foods must be manufactured
in a such manner as to satisfy production technology requirements; be safe and not pose a food contamination issue,
and easily assessable for cleaning, sterilization and maintenance. Mobile
production equipment and devices must be durable, easily
movable, assemble and cleanable.2. Hand wash and
sterilization stations:
a) Provide with equipment for hand
washing, sterilization of hands, boots, and footwear
before entering into the food production areas;
b) The hand wash stations must have sufficient
clean water, disinfectants, disposable
towels or paper towels or hand dryers;
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3. Food production equipment
and devices:
a) Equipment and devices serving the food
production must be sufficient and suitable for the processing of materials,
food processing and packing;
b) Materials of
equipment and devices must be non-toxic,
corrosion-resistant, non-rusty; not to release toxic substances into foods, and not to cause strange smell or food changes;
c) Equipment and devices must be easily cleanable and maintainable; and lubricants and metal
debris thereof do not contaminate foods;
d) Equipment and devices of the production line must have proper sanitary and
operational procedures.
4. Pest control:
a) Pest control devices must be made
of stainless, easy to disassembly for cleaning, and be
designed in a manner to prevent the pest infestation;
b) No drug or animals is used to destroy rats and pests in the food production area.
5. Monitoring and measuring
instruments:
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b) Monitoring and measuring instruments must have
guaranteed accuracy, be maintained and inspected on a periodical basis as
regulated.
6. Detergents and antiseptics:
a) Only permitted detergents and
antiseptics are used;
b) Detergents and antiseptics must be
contained in recognizable packages with guidance for use and must not be dropped in the food production area.
Article 28.
Conditions to be satisfied by persons directly participating in the food
production
1. The production establishment's owner and persons
who directly participate in the food production must have Certificates of
competence in food safety according to the training program adopted by Ministry of Industry and Trade.
2. The production establishment's owner and persons
who directly participate in the food production must satisfy health conditions
when participating in the food production process; for areas
having diarrhea epidemic as announced by competent authorities, persons directly participating in the food production must be performed stool culture and must be tested negative for pathogens causing this diarrhea epidemic and cholera, dysentery, bacillus
and typhoid; the medical testing are performed by health facilities of urban/suburban district or equivalent
or higher level. With regard to food manufacturing
facilities that are required to have
Certificates of conformity to food safety regulations, the production
establishment's owner and persons directly participating in the food production
must come under the health check and obtain certificate of good health as
referred to by law.
3. Persons suffered from
diseases such as developed tuberculosis, acute diarrhoea, cholera, dysentery, bacillus, typhoid, hepatitis A or E, acute respiratory tract infection, or acute dermatitis or skin infection may not directly take
part in the course of food production and processing.
4. Persons directly participating in the food production must dress separate protective clothing, wear specialized
hats, gloves and mark.
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Article 29.
Conditions on food preservation in food production
1. Raw materials, packages and finished foods must be preserved in separate
storing area or warehouse for each type with suitable area.
2. Warehouse must be designed in conformity with requirements on
preservation and delivery of each type of foods and food raw materials; ensure safety, ventilation, easy to cleanse and prevent from penetration and
habitation of insects and harmful animals.
3. The storing area or warehouse
for preserving foods
must have sufficient name boards; internal rules, process,
hygiene regulations; for raw materials and finished foods requiring a special preservation, books for monitoring temperature, humidity and
other conditions must be equipped.
4. Raw materials and food products must be packed and preserved at position with distance
from the floor of not less than 12m,
distance from the walls of not less than 30cm and distance
from the ceiling of not less than 50cm.
5. Having specialized equipment for adjusting temperature, humidity, air ventilation
and elements affecting the food safety; specialized
equipment must be suitable and ensure it is able to monitor and control mode of
preservation with respect to each type of foods/ materials
at the request of producers; must be easily maintained and cleaned.
6. Equipment/ tools
must be available to monitor temperature,
humidity and elements affecting the food safety during the
course of food production.
7. Ice water used in the food preservation must be produced from clean water sources in
according to national technical regulation.
Section 3. GENERAL
CONDITIONS ON FOOD SAFETY TO BE SATISFIED BY FOOD TRADING ESTABLISHMENTS
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1. There must have enough area at the trading
establishment for displaying foods for sale, storing and maintaining foods, and
facilitating the transport of materials and food products.
2. No standing water or pooled water
is present in the trading establishment.
3. Pests and other contaminants are
prevented from affecting the trading establishment.
4. The food safety is protected from
the pollution by dust, toxic chemicals chemicals and other sources of
pollution.
5. Food selling area, restroom, protective clothing
change room and other auxiliary areas must be designed separately from each
other and in conformity with requirements on each type of traded foods. The
restroom door is not opened towards the food storing area.
6. The trading establishment’s structure must be
conformable with the nature and scale of each type of traded foods; it must be
constructed of materials that meet hygiene conditions and can prevent the
penetration of pests, insects and animals.
7. The floor
of the trading establishment must be flat and smooth with firm and load-bearing surface; the floor must be not
slippery, be well-drained without pooled or
standing water, and easily cleanable.
8. Walls and ceiling must be flat, in bright color, made of firm and
durable materials, not leaked, not cracked, and not adhered by dirty substances.
9. Front door and windows must be smooth, flat and
convenient for cleaning. Protective net should be installed at necessary places
to prevent the penetration of pests or animals.
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11. The air ventilation system must
be conformable with food preservation requirements and ensure that all
areas shall be ventilated.
12. Waste and garbage containers must
be available; such containers must be made of firm materials, closely covered
and cleaned on a regular basis.
13. Devices, soap and detergents for cleaning and
washing hands must be available at the hand wash area. The board “Rửa
tay sau khi Di vệ sinh” (“Wash your hands after using the restroom”)
must be hung at a noticeable place.
14. Clean water must be sufficiently
provided to clean equipment, devices, and clean the trading
establishment in conformity with the national technical regulation on domestic water quality.
15. Books or software for management of food safety
must be maintained during the business operation. Traded foods and food
materials must have clear origin and unexpired shelf life, and ensure food
safety standards as regulated.
16. Cleaning process and diary reports on hygiene
must be maintained by the trading establishment's owner.
Article 31.
Equipment and device requirements
1. Equipment serving the food trading and storage
must be conformable with requirements by each type of foods and those of food
producer (food display cases and cabinets, equipment for adjusting temperature,
humidity, air ventilation in food sale and storage areas); regulations on
hygiene processes must be available.
2. Equipment for adjusting
temperature, humidity, air ventilation and elements affecting the food safety
must be available in conformity with technical requirements for each type of
foods and those of food producer during the food trading process.
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4. Instruments and equipment
for monitoring and measuring the food quality and safety must
have guaranteed accuracy, be maintained and inspected on a periodical basis as
regulated.
Article 32.
Conditions to be satisfied by persons directly selling foods
1. The food trading
establishment’s owner and persons directly selling foods must satisfy all of conditions referred to in Clauses 1, 2, 3 Article 28 of this
Decree.
2. Persons directly selling
foods must dress separate protective clothing in
conformity with hygienic regulations.
Article 33. Requirements on preservation
and transportation of foods for sale
1. Apart from regulations in Article 29 of this
Decree, the food preservation must meet the following food safety conditions:
The food preservation area must be equipped with
sufficient shelves or cases which must be made of firm and hygienic materials.
Foods must be packed and preserved at position of not less than 15
cm, 30 cm and 50 cm far away from the floor,
the wall and the ceiling respectively. Foods must be stacked in the
warehouse in conformity with stacking height instructed by the food producer.
2. Food safety conditions in course of food
transportation:
a) Instruments for storing foods must be separated from the surroundings, avoid the intrusion of dirt
and insects, and be appropriate for the transported amount
of foods;
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c) Equipment for adjusting
temperature, humidity, air ventilation and elements effecting the food safety
must be available in conformity with technical requirements for preserving each
type of foods and those of food producer during the transportation of foods;
d) Regulations on the conditions for
ensuring the food safety during the transport must be adopted; food preservation conditions must be
maintained and controlled during the food transportation; with respect to foods
requiring special preservation, specific procedures for
delivering and receiving foods must be carried out;
dd) Instruments and equipment must be cleaned before, during, and after the transportation of foods; foods must not be
transported together with goods that are harmful or may
cause cross-contamination and affect on the food safety
and quality.
Section 4. FOOD
SAFETY CONDITIONS TO BE SATISFIED BY PROCESSED MILK PRODUCTION ESTABLISHMENT
Article 34. Food safety
conditions to be satisfied by processed milk production establishment
1. The processed milk production establishment must
have a production site which meets the following requirements:
a) The production site must be situated far from sources of pollution or hazards and not be affected
by pollutants from the surrounding environment on the quality and safety of
processed milk products;
b) The production site’s area
must be enough for arranging the production
line in conformity with the establishment’s design
capacity, ensuring that production stages comply with technology
requirements and industrial sanitation measures.
2. The processed milk production
establishment must have the workshop design which meets the following requirements:
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b) The workshop shall be designed
according to the one-way rule from input materials to final products which are
processed milk of all kinds;
c) Raw material warehouse, supplies and packaging warehouse, final product
warehouse, production areas (material
preparation, processing, filling and
packaging and product finishing, clean-in-place system
(CIP), mechanical and power system),
chemical warehouse, solid waste collection site, wastewater collection and treatment system, and other auxiliary works must be separated from one another to avoid
the cross-contamination;
d) Internal roads shall be designed
and built in a way that ensures the solidity, durability
and suppression of dust; overhead walkways shall be installed with handrails or
partitions which facilitate the observation and ensure
occupational safety;
dd) Water drainage system (for
wastewater generated from the production and daily-life
activities and rainwater) shall be designed and built separately, have covers
and a suitable slope to ensure a complete drainage.
3. The workshop structure must meet the following requirements:
a) The ground of production areas
must facilitate the water drainage and shall be built of
durable, difficult-to-peel-off, anti-slip and easily cleanable materials. The
water drainage system in production areas must have covers;
b) Catch pits must have traps to prevent sewer odor and insects, and restrict the penetration of microorganisms from sewer systems into
the workshop;
c) Pipe systems must be painted in different colors and must have distinguishable
characteristics.
4. The air ventilation system must meet the following requirements:
a) The workshop
must have ventilation doors to ensure the air circulation
and facilitate the dissipation of heat and exhaust generated from production
activities; in case of forced ventilation, air conditioning equipment must
provide sufficient fresh air and ensure air circulation;
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5. The water supply and
storage system must meet the following requirements:
a) To supply sufficient quality water;
b) There must be sufficient pump systems, water treatment
systems, water tanks and water pipe systems which are always in good condition
and regularly inspected to prevent backflow or blockage;
c) Water supply systems must be separate, have
noticeable signs, and be easily cleanable so as to ensure safety of the clean
water source and avoid the contamination;
d) Water storage, settlement and filtration tanks
must fit water treatment technology and shall be cleaned according to
regulations or when necessary;
dd) Upon occurrence of an incident
related to the water quality, the production shall be immediately stopped and
products produced during the occurrence of the incident shall be isolated;
e) There must be standby electricity generators and
water pumps so as to ensure uninterrupted production in case of power outage or
water pump failures;
g) After being treated up to
standards applicable to milk production, water shall be
stored and preserved so as to avoid the contamination from sources of
pollution.
6. Steam, heat and compressed air
supply systems must meet the following requirements:
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b) Steam and compressed air pipe systems shall be
designed and securely installed, easily distinguished from other pipe systems,
and regularly inspected according to current regulations.
7. Waste, wastewater and exhaust gas
collection and treatment systems must meet the following requirements:
a) Solid waste
- Solid wastes shall be collected in
suitable tanks or containers put in places convenient for waste collection and
treatment without causing adverse impacts on the
production process;
- Scrap containers shall be clearly
labeled or have signs for distinction from containers of raw materials,
semi-finished products and finished products; be made of waterproof and
corrosion-resistant materials; be tight and easy to clean (for reusable
containers) or easy to destroy (for disposable containers);
- Solid wastes shall be treated by
organizations or individuals licensed to operate in the field of environmental
treatment by competent state management agencies.
b) Industrial and daily-life wastewater
- Wastewater treatment facilities
shall be located separately from production areas;
- Wastewater treatment capacity and
technologies must suit the peak discharge so as to ensure that treated
wastewater is up to prescribed environmental standards;
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- Catch pits must have lids; drains
and catch pits in production areas shall be cleaned at the end of each workday
and regularly dredged according to regulations.
c) Exhaust gas from a production area and steam
boilers shall be treated so as to cause no adverse impacts to other production
areas.
d) Hazardous wastes
- Hazardous wastes shall be
collected, stored, transported and treated separately according to current
regulations;
- Hazardous wastes shall be managed
and treated by organizations and individuals licensed to operate in
environmental treatment with respect to treatment of hazardous
wastes by competent state agencies.
8. The warehouse
system must meet the following requirements:
a) Raw material and additive warehouses:
- Raw material and additive
warehouses shall be separated from production areas;
- Raw materials and additives shall
be placed in shelves or stands and kept away from direct sunlight;
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- Raw materials and additives which
have their sacks opened but have not yet been used up shall be securely closed
after each use and stored according to regulations;
- Raw materials and additives stored
in warehouses must have information on their names and use duration;
- Raw milk warehouses: Milk purchasing
stations must have chilling systems and equipment, devices and chemicals to
test the quality of raw milk, and must keep samples of purchased milk; raw milk
tanks must have a heat- resistant layer and inner layer made of
contamination-resistant materials that can maintain the temperature of 4oC-6oC;
the storage period of raw milk, counting from the time of milking till the time
of processing, must not exceed 48 hours; immediately after being used, milk
tanks shall be cleaned to be free of microorganisms and chemical detergent
residues according to regulations;
- Raw material and additive
warehouses shall be regularly maintained and cleaned according to internal
regulations.
b) Supplies, packaging and chemical
warehouses
- Supplies, packaging and chemical
warehouses shall be located separately from production areas;
- Supplies and
packaging shall be kept away from direct sunlight;
- Packaging in direct contact with
products shall be stored according to regulations of producers;
- The storage duration and
other preservation conditions must comply with the instructions or regulations
of producers;
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c) Finished product warehouse
- Finished product warehouse shall be located separately from production areas and must
be convenient for warehousing and ex- warehousing activities;
- Finished product warehouse
shall always be kept at a certain temperature as required, be dry, clean and well
ventilated and stored products shall be kept away from direct sunlight so as to
avoid changes in their quality, appearance and safety;
- There must be a separate
space for keeping substandard quality products pending disposal;
- Finished product warehouse shall be regularly
maintained and cleaned according to internal regulations;
- Products stored in the finished product warehouse
must have information on their name, lot number, date of manufacture,
production shift and use duration;
- For products which require
cold preservation:
+ Products shall be stored in refrigerated
warehouse, ensuring that cold air is always distributed to every corner of the
warehouse;
+ Refrigerated warehouse shall always be kept at a
certain temperature as required for each type of product.
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a) Raw material preparation area
- Raw materials shall be
sorted by type and put in shelves or stands;
- Flavorings shall be prepared
separately so as to avoid the cross-contamination;
- Measuring devices must
operate accurately and properly;
- The production area shall be
regularly cleaned to avoid dust and stagnant water;
- Only responsible or
authorized persons may enter the area where raw materials are handed over for
production.
b) Processing area
- Processing equipment shall
be cleaned before each production cycle every day;
- Rubbish shall be collected
in plastic bags placed at designated places;
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- The processing area shall be
cleaned every day or after each production cycle of each type of product;
c) Filling and packaging area
- The chambers where filling lines
are located must be closed, aseptic and kept at 20oC-28oC
with a positive air pressure relative to the outside;
- Filling equipment must be
aseptic during the filling process;
- The inner surface of the
pipes conducting products to filling equipment must be disinfected according to
regulations;
- Filling equipment shall be cleaned every day or
after each production cycle of each type of product;
- Only responsible or authorized
persons may enter the filling and packaging area to avoid
cross-contamination.
d) Finished product area
- The area where milk products
are packaged must be cleaned before the packaging takes place and always kept
dry;
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10. The production establishment must have internal
transport system to ensure that processed milk products may not be transported
in the same tanks or vehicles with supplies, raw materials and chemicals as
this might cause cross contamination affecting the quality and safety of the
products. The production establishment’s owner shall specify (in writing)
requirements on vehicles for, and mode of, internal transportation of processed
milk products as well as preservation conditions and food safety management
during internal transportation.
11. The raw material and product
quality control system must meet the following requirements:
a) Quality control areas shall be situated
separately and conveniently for quality control during the production process;
be equipped with essential machinery, equipment and instruments to measure and
inspect basic quality criteria of major raw materials and finished products. Microorganism testing sections must be aseptic and isolated from other
testing sections;
b) If the quality control section is unavailable,
the processed milk production establishment must sign a contract with an
outside qualified organization to carry out the inspection of basic criteria of
main raw material and finished product;
c) There must be places for preserving samples and
keeping dossiers of preserved samples. Establishments shall comply with
regulations on sample preservation and destruction applicable to each type of
sample.
12. Management of records
a) A processed milk production establishment shall
keep sufficient management records (contracts, invoices, documents, quality
testing slips, dossiers for declaration of conformity or declaration of
conformity with food safety regulations, and other relevant documents) for raw
materials, auxiliary materials, additives, processing aids, supplies packages
and chemicals to serve origin tracing and food safety and quality control;
b) A processed milk production establishment must
have sufficient food safety management records according to regulations (Certificate of satisfaction of food safety conditions,
Certificate of declaration of conformity or Certificate of declaration of
conformity with food safety regulations) for its processed milk products.
13. The processed milk production establishment’s
owner and persons directly participating in production:
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Article 35.
Instruments, equipment and packages storing processed milk
1. Instruments and packages in
direct contact with processed milk products must comply with the
national regulations on hygiene safety for packages and instruments in direct
contact with foods.
2. Machinery, equipment and utensils in contact
with milk and raw materials shall be synchronously designed and manufactured,
made of rustless materials, do not cause harms when being used for the intended
purpose, and can be easily cleaned, disinfected and maintained whenever
necessary so as to avoid contamination.
3. Equipment for heat-treating, cooling, chilling,
and refrigerated storage of milk shall be designed in a way that can quickly
reach and maintain the necessary temperature; and ensure the monitoring and
control of temperature as required.
4. Air blown directly to products (if any) must be
aseptic.
5. An alarming system must be
installed in case processing parameters (temperature, pressure) exceed
permissible limit.
6. Waste and hazardous chemical containers shall be
designed in a suitable manner to ensure safety, and be made of durable
materials.
7. Production, processing and testing equipment and
devices must be regularly maintained and replaced when they are damaged or show
signs of damage.
Testing and measuring devices and equipment subject
to strict safety requirements must be calibrated and inspected according to
regulations.
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9. Lubricant oils and greases used for equipment
and machinery in direct contact with products must be those permitted for use
in food production.
Section 5. FOOD
SAFETY CONDITIONS FOR BEER PRODUCTION ESTABLISHMENT
Article 36. Conditions
to be satisfied by beer production establishment
1. Production site
a) To be built under the current plan
approved by a competent state authority;
b) To be situated far from sources of
pollution or hazards and other pollutants in the surrounding environment in
order to avoid causing adverse impact on the
quality and safety of beer products;
c) To have sufficient space for
arranging production lines suitable to the establishment’s design capacity,
ensuring that technology requirements are satisfied and industrial sanitation
measures are applied at all production stages.
2. Workshop layout and design
a) The arrangement of production
lines shall take into account wind directions so as to avoid adverse effects of
sources of pollution such as steam boilers, wastewater treatment facilities,
solid waste collection sites, toilet area and other
pollutants;
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c) Internal roads shall be designed
and built in a way that ensures solidity, durability and suppression of dust; overhead
walkways shall be installed with handrails or partitions which facilitate
observation and ensure occupational safety;
d) Water drainage systems (for
wastewater generated from daily-life and production activities and rainwater)
shall be designed and built separately, have covers and a suitable slope to
ensure complete drainage.
3. Workshop structure:
a) The area where material grinding
and crushing machines are located must neither generate dust to the surrounding
environment nor affect other production stages;
b) The area where mashing coppers are
located shall be adequately lit and ventilated so as to maintain a temperature
as required;
c) The area where yeast propagation
equipment is located must ensure sanitation conditions and meet technological
requirements and be easily cleanable and disinfectable.
d) The area where fermentation tanks
are located:
- The ground of
the area shall be built of durable, anti-slip and difficult- to-peel-off
materials, and have a suitable slope to ensure complete drainage;
- In case fermentation tanks are
located in a workshop, the ceilings and walls of the workshop shall be built of
waterproof, easily cleanable and anti- mold materials;
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- In case the yeast is produced
outside the production area, there must be devices and equipment to ensure
yeast safety and avoid contamination during the process of yeast delivery and
receipt.
dd) The area where filtration tanks
and filing systems are located:
- The area shall be situated
isolatedly in order to ensure asepsis and avoid insects and cross-contamination
from nearby sources of pollution;
- The grounds of workshops shall be
built of durable, anti-slip and difficult-to-peel-off materials and must ensure
complete drainage. Water drainage systems must have covers.
4. Air ventilation system:
- The workshop must have ventilation
doors to ensure the air circulation and facilitate the
dissipation of heat and exhaust gas generated from production activities;
- The area where material grinding
and crushing machines are located must have ventilation and air filtration
systems to prevent the pollution to other production
stages;
- The area where mashing coppers are
located shall be designed in a way that can ensure air ventilation, quick
dissipation of heat, moisture and odor and maintenance of a temperature and
occupational safety as required.
5. Water supply system:
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b) There must be sufficient pump
systems, water treatment systems, water tanks and water pipe systems which are always
in good condition and regularly inspected to prevent backflow or blockage;
c) Water supply systems must be
separate, have noticeable signs, and be easily cleanable
so as to ensure safety of the clean water source and avoid the contamination;
d) Water storage, settlement and
filtration tanks must fit water treatment technology and shall be cleaned
according to regulations or when necessary;
dd) Upon occurrence of an incident
related to the water quality, the production
shall be immediately stopped and products produced during the occurrence of the
incident shall be isolated;
e) There must be standby electricity
generators and water pumps so as to ensure uninterrupted production in case of
power outage or water pump failures;
g) After being treated up to
standards applicable to beer production, water shall be stored and preserved in
separate devices so as to avoid the contamination
from sources of pollution.
6. Steam, heat and compressed air
supply systems
a) Steam boilers shall be designed
and made of suitable materials, installed in places separated from production
areas and regularly inspected according to current regulations;
b) Steam and compressed air pipe
systems shall be designed and made of suitable materials, securely installed,
easily distinguished from other pipe systems, and regularly inspected according
to current regulations.
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a) Solid waste:
- Solid wastes shall be collected in
suitable tanks or containers put in places convenient for waste collection and
treatment without causing adverse impacts to the production process;
- Scrap containers shall be clearly
labeled or have signs for distinction from containers of raw materials,
semi-finished products and finished products; be made of waterproof and
corrosion-resistant materials; be tight and easy to clean (for reusable
containers) or easy to destroy (for disposable containers);
- Brewing grains shall be collected
once every 48 hours;
- Reusable papers, labels, broken
bottles, used or damaged bottle caps shall be collected, sorted at source and
stored in distinguishable bags or bins according to internal regulations before
being transported to recycling facilities;
- Solid wastes shall be treated by
organizations or individuals licensed to operate in the field of environmental
treatment by competent state management agencies.
b) Industrial and daily-life
wastewater:
- Wastewater treatment facilities
shall be located separately from production areas;
- Wastewater treatment capacity and
technologies must suit the peak discharge so as to ensure that treated
wastewater is up to prescribed environmental standards;
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- Catch pits must have lids; drains
and catch pits in production areas shall be cleaned at the end of each workday
and regularly dredged according to regulations;
- Beer production establishments
located in industrial parks shall discharge wastewater into centralized
drainage systems of industrial parks according to current regulations on
environmental management in industrial parks.
c) Exhaust gas from a production area
and steam boilers shall be treated so as to cause no adverse impacts to other
production areas.
d) Hazardous wastes:
- Hazardous wastes shall be
collected, stored, transported and treated separately according to current regulations;
- Hazardous wastes shall be managed
and treated by organizations and individuals licensed to treat hazardous wastes
by competent state agencies.
8. Warehouse system
a) General requirements on warehouses
(raw material, additive, processing aid, supplies, packaging and finished
product warehouses):
- Having a storage capacity suitable
to design capacity of the production line;
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- Meeting preservation conditions
according to instructions or regulations of producers;
- Being capable of preventing the
penetration of insects, rodents and other harmful elements;
- Having information for identifying
each type of raw material, additive, processing aid, supplies, packaging and
finished product; having warehousing and ex-warehousing records;
b) Chemical warehouses must meet
preservation requirements and conditions according to producers’ instructions
or regulations and current regulations on chemical preservation.
c) Finished product warehouse
Apart from regulations in Clauses 2,
3, 4, 5 of Article 29, finished
product warehouses must meet the following conditions:
- The warehouses shall always be kept
at a certain temperature and moisture as required in internal regulations for
each type of beer;
- Products stored in finished product
warehouses must have information on their name, lot number, date of
manufacture, production shift and use duration according to internal
regulations;
- There must be a separate space for
keeping substandard quality products pending disposal.
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a) Quality control
areas shall be situated separately and conveniently for quality control during
the production process; be equipped with essential machinery, equipment and
instruments to measure and inspect basic quality criteria of major raw
materials and finished products. Microorganism testing sections must be aseptic
and isolated from other testing sections;
b) If no quality control section is
available, beer production establishments shall outsource the control of basic
quality criteria of major raw materials and finished products to inspection and
analysis organizations that have suitable professional capacity and qualifications;
c) There must be
places for preserving samples and keeping dossiers of preserved samples.
Establishments shall comply with regulations on sample preservation and
destruction applicable to each type of sample.
10. Internal transportation
a) Establishment owners shall specify (in writing)
requirements on vehicles for, and mode of, internal transportation of beer
products as well as preservation conditions and food safety management during
internal transportation;
b) Beer may not be transported in the same tanks or
vehicles with supplies, raw materials and chemicals as this might cause cross
contamination affecting the quality and safety of the products.
11. Management of records
a) A beer production establishment shall keep
sufficient management records (contracts, invoices, documents, quality testing
slips, dossiers for declaration of conformity or declaration of conformity with
food safety regulations, Certificate of Declaration of conformity
or Certificate of Declaration of conformity with the food
safety regulations and other relevant documents) for raw materials,
auxiliary materials, additives, processing aids and packages to serve origin
tracing and food safety and quality control;
b) A beer production establishment must have
sufficient food safety management records according to regulations (Certificate
of satisfaction of food safety conditions, Certificate of declaration of
conformity with regulations or Certificate of declaration of conformity with
food safety regulations and records of periodical testing results) for its beer
products.
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Article 37.
Equipment and device requirements
1. Instruments and packages storing beer are instructed in the national regulations on hygiene safety for
packages and instruments in direct contact with foods.
2. Containers of raw materials and finished
products must be made of materials which do not contaminate products.
3. Grinding and crushing machines
must be suitable to technologies applicable to each type of material and be
thoroughly cleaned before and after use.
4. Mashing, malting and lautering equipment:
a) These equipment must have safety valves in good
condition and shall be periodically maintained and repaired so as to ensure
safe operation under high pressure and temperature;
b) Mashing coppers must ensure a heating rate
suitable to applied technologies and designed capacity and ensure even heating on
their surface;
c) These equipment shall be cleaned with chemical
detergents and disinfected according to the internal industrial cleaning
process. The lids of mashing coppers must have edges so as to prevent
contamination of water used to clean the outer side of the tanks.5. Filtration
tanks shall be made of contamination-resistant materials and must be easy to
install, clean and maintain. They must also be tight so as to avoid loss of CO2
and penetration of oxygen and microorganisms.
6. Fermentation tank:
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b) Fermentation tanks shall be cleaned with
chemical detergents and disinfected according to the internal industrial
cleaning process;
c) Lids of fermentation tanks must have edges so as
to avoid contamination of water used to clean the outer side of the tanks.
7. Deaeration and carbonation equipment shall be
made of stainless material.
8. Filling equipment must be capable of filling
exactly a set volume into a bottle so as to prevent frothing; shall be cleaned
and disinfected before use according to a set process.
9. Product-conducting pipe systems shall be cleaned
with chemical detergents and disinfected according to the internal industrial
cleaning process.
10. Vehicles for internal transportation (lift
trucks) shall be kept clean before, during and after use. These vehicles must
be specialized lift trucks made of materials which do not cause pollution to
beer products so as to ensure food safety.
11. Supporting facilities:
a) Steam boilers, heating systems, steam supply
systems shall be designed in conformity with food safety requirements. Hot air
and steam must not cause pollution to products;
c) Measuring and testing equipment, and equipment
subject to strict safety requirements shall be calibrated and inspected
according to current regulations.
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a) Production equipment and devices shall be
regularly maintained, inspected, repaired or replaced when they are damaged or
show signs of damage;
b) Waste and hazardous chemical containers shall be
designed in a suitable manner to ensure safety, be made of durable materials
and lockable in order to avoid contamination;
c) The repair and maintenance of machinery shall be
conducted outside production areas or when production activities have been
stopped. In case of on-site repair or regular maintenance, machinery/ equipment
and surrounding areas shall be cleaned as soon as the repair or maintenance
finishes;
d) Lubricant oils and greases used for equipment
and machinery in direct contact with products must be those permitted for use
in food production.
Section 6. FOOD
SAFETY CONDITIONS TO BE SATISFIED BY VEGETABLE OIL PRODUCTION ESTABLISHMENT
Article 38.
Conditions to be satisfied by vegetable oil production establishment
1. Production site
a) To be built under the current plan approved by a
competent state authority;
b) To be situated far from sources of pollution or
hazards and other pollutants in the surrounding environment, which may cause
adverse affect on the quality and safety of beer products;
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2. Workshop design
a) Layout of production line must be arranged to
appropriate wind direction to avoid adverse effects of solid waste, waste oil,
sanitary facilities and other pollutants;
b) The workshop shall be designed according to the
one-way rule from input materials to final products which are vegetable
oil products;
c) Warehouses (raw material,
auxiliary material, processing aid and product warehouses); production areas (preliminary processing, cleaning, drying, pressing, extraction,
refining, filling and product finishing, clean-in-place (CIP), mechanical and
power systems); solid waste collection sites, wastewater and waste oil
collection and treatment systems; and other auxiliary works shall be separated
from one another to avoid the cross-contamination;
d) Internal roads shall be designed and built in a
way that ensures the solidity, durability and suppression of dust; overhead
walkways shall be installed with handrails or partitions which facilitate the
observation and ensure occupational safety;
dd) Water drainage system (for
wastewater generated from the production and daily-life activities and
rainwater) shall be designed and built separately, have covers and a suitable slope
to ensure a complete drainage.
3. Workshop structure:
a) The ground of production areas
must facilitate the water drainage and shall be built of durable,
difficult-to-peel-off, anti-slip and easily cleanable materials. The water
drainage system in production areas must have covers;b) Manholes
and catch pits must have traps to prevent sewer odor and insects, and restrict
the penetration of microorganisms from sewer systems into the workshop;
c) Piping system
(pipes of vegetable oil, pipes for directing and recovering solvents, cleaning
equipment) must be designed and made of appropriate
materials, painted in different colors and distinguishable instructions.
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a) The workshop must have ventilation doors to
ensure the air circulation and facilitate the dissipation of heat and exhaust
gas generated from production activities in order to ensure ambient
temperature at workplace and labour safety as regulated;
b) Area of drying and extraction must be well-ventilated
to ensure suitable ambient temperature at the workplace and labor safety as
regulated;
c) Raw material pressing area must be designed with
a dust collector and an appropriate ventilation system to ensure proper
operation and no generation of pollution to other production stages;
d) Oil refining area must be designed in a way that
can ensure air ventilation, quick dissipation of heat and odor, and guarantee
of a temperature and labour safety as regulated;
dd) The area where the filling line is
installed must always be kept dry, well ventilated and clean.
5. Steam, heat and compressed air
supply systems
a) Steam boilers shall be designed and installed in
places separated from production areas and regularly inspected according to
current regulations;
b) Steam and compressed air pipe systems shall be
designed and securely installed, easily distinguished from other pipe systems
by signs or instructions, and regularly inspected according to current
regulations.
6. Waste, wastewater and exhaust gas
collection and treatment systems
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- Waste oil, after pressing
and extraction, must be collected into a separate area with an area appropriate
with design capacity of the production line, cleaned every 48 hours for
avoidance of cross-contamination during the production;
- Papers, labels, empty
bottles, cans, barrels, damaged caps and other solid waste generated during the
production must be collected and stored in suitable containers located in a
noticeable position to facilitate the collection and treatment and cause no
adverse effect on the production;
- Waste generated in the
auxiliary areas and domestic waste must be collected, classified and stored in
a separate area for treatment;
- Solid wastes must be treated by organizations or individuals licensed to operate in the
field of environmental treatment by competent state management agencies.
b) Industrial and daily-life wastewater
- Wastewater treatment facilities
shall be located separately from the production area
and located upwind;
- Wastewater treatment capacity and
technologies must suit the peak discharge so as to ensure that treated
wastewater is up to prescribed environmental standards;
c) Exhaust gas from the production area and steam
boilers shall be treated so as to cause no adverse impacts to other production
areas;
d) Hazardous wastes
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- Hazardous wastes shall be managed
and treated by organizations and individuals licensed to treat hazardous wastes
by competent state agencies.
7. Warehouse system
a) General requirements on warehouses (raw material, preservation of crude vegetable oil, food
additives, processing aids, materials, packages and finished products):
- Having a storage capacity suitable
to design capacity of the production line;
- Being periodically maintained and
cleaned according to internal regulations;
- Meeting preservation conditions
according to instructions or regulations of producers;
- Being capable of preventing the
penetration of insects, rodents and other harmful elements;
- Having information for identifying
each type of raw material, preservation of crude vegetable oil, food
additives, processing aids, materials, packages and finished products; having warehousing and ex-warehousing records;
b) Chemical warehouses must meet preservation
requirements and conditions according to producers’ requirements and current
regulations on chemical preservation;
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Apart from regulations in Clauses 2,
3, 4, 5 of Article 29, finished product warehouses must meet the following
conditions:
- Ensure humidity and
temperature suitable for each type of vegetable oil, avoidance of direct
exposure of products to sunlight;
- Have all information about
name of product, production batch, production date, production shifts and other
information as stipulated by the establishment;
- Have separate area to
temporarily store unsatisfactory products pending treatment.
8. Crude vegetable oil production area
a) Raw material must be preserved in warehouses or
silos to ensure quality and safety of raw materials;
b) Chemicals used to preserve raw materials and
produce vegetable oil must be defined in the list of
licensed chemicals according to applicable regulations and imposes no negative
effect on quality and food safety of the product;
c) Phase of cleaning and temporarily processing raw
materials
- Any raw material prior to
being put into production must be inspected for residues of pesticides, toxic
molds and fungi, heavy metals; Only raw material meeting requirements for
quality and food safety is used for vegetable oil production;
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d) The phase of pressing, extraction and recovery
of crude vegetable oil must ensure no contamination and cross-contamination
with insects, dirt, waste oil and other pollutants. Quality and residual
solvents must be controlled.
9. Finished vegetable oil production
area
a) Refining must ensure removal of harmful
substances dissolved in crude oil in order not to degenerate nutrients and
quality of vegetable oil;
b) Filtration of vegetable oil
- Filling area must be
separate from other production areas; equipment control shall be carried out
prior to each production shift to ensure the equipment constantly works well;
- Filling process must be
observed by equipment or human to ensure quantity, quality and food safety.
c) Product finishing stage
- Finished vegetable oil shall
be recorded and divided into production shifts or cycles. Each batch must be
inspected for quality, organoleptic properties, packaging and labels before
receipts or dispatches from stores to ensure food quality and safety before
distribution and circulation in the market;
- Finished vegetable oil must
be stored at a temperature suitable for characteristics of each kind and ensure
avoidance of direct exposure to sunlight.
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a) During internal transport of vegetable oil, the
vegetable oil production establishment’s owner shall provide specific
instructions (in writing) for each vehicle, method and conditions for storage
and management of food safety;
b) Vegetable oil may not be transported in the same
tanks or vehicles with supplies, raw materials and chemicals as this might
cause cross contamination affecting the quality and safety of the products.
11. Raw material and product quality
control systems
a) Quality control areas shall be situated
separately and conveniently for quality control during the production process;
be equipped with essential machinery, equipment and instruments to measure and
inspect basic quality criteria of major raw materials and finished products. Microorganism testing sections must be aseptic and isolated from other
testing sections;
b) If the quality control section is unavailable,
vegetable oil production establishment must sign a contract with an outside
organization that has appropriate qualification and profession to carry out the
inspection of basic criteria of main raw material and finished product;
c) Ensure availability of sample storage area and
documents, ensure capability to store and destroy sample according to storage
requirements for each sample.
12. Management of records
a) A vegetable oil production establishment must
keep sufficient management records (contracts, invoices,
documents, quality testing slips, dossiers for declaration of conformity or
declaration of conformity with food safety regulations, and other relevant
documents) for raw materials, auxiliary materials, additives, processing aids,
supplies packages and chemicals to serve origin tracing and food safety and
quality control;
b) A vegetable oil production establishment must
have sufficient food safety management records according to regulations (Certificate of satisfaction of food safety conditions,
Certificate of declaration of conformity or Certificate of declaration of
conformity with food safety regulations) for its vegetable oil products.
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Article 39. Conditions for instruments, equipment and packages
storing vegetable oil
1. Instruments and
packages storing vegetable oil are instructed in the national regulations on
hygiene safety for packages and instruments in direct contact with food.
2. Neutralizer (free
fatty acid separator) is capable to control temperature and stirring speed to
completely separate detergent residues for ensuring quality of vegetable oil as
regulated.
3. Sedimentation
equipment must be designed and manufactured with sufficient capacity to control
the sedimentation process of each product.
4. Filling and capping equipment must
be arranged in a way to prevent alien objects or insects from penetrating into
the product.
5. Production equipment/
devices must be regularly maintained, inspected, repaired or
replaced upon detection of damage or any sign of damage.
6. Any measuring, testing instrument
or any instrument under strict safety requirements must be calibrated and inspected according to the regulation.
7. An alarming system must be installed
in case processing parameters (temperature, pressure) exceed permissible limit.
8. Containers of
waste and toxic chemicals must be designed in a special way for easy
identification, appropriately structured and made of durable materials and be
lockable to avoid contamination.
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10. Lubricant oils
and greases used for equipment and machinery in direct contact with the product
must be listed as permissible for food production.
Section 7. FOOD
SAFETY CONDITIONS TO BE SATISFIED BY SMALL-SCALE FOOD PRODUCTION ESTABLISHMENT
Article 40. Food safety
conditions to be satisfied by small-scale food production establishment
1. The food production area must have no standing water or pooled water, be not polluted by dust or toxic
chemicals, be not affected by animals, insects or pests,
and be located far away from other pollutants.
2. The food manufacturing process
shall be designed according to the one-way rule from input materials to final
products.
3. The floor of the production
area must be flat and smooth, well-drained
without pooled or standing water, easily cleanable and not slippery; the
ceiling is impervious to water, not leaked and adhered by dirty
substances and pooled water.
4. The food production
establishment’s owner and persons directly produce foods must satisfy all of
conditions mentioned in Article 28 of this Decree.
Article 41. Raw
materials, additives, processing aids and water used to produce/ process foods,
and environmental protection
1. Raw materials for foods production and processing:
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b) Raw materials must be stored according to
storage conditions, standards and instructions of providers.
c) Raw materials must not be stored together with
goods, chemicals and other devices which may cause the cross-contamination
or affect the food safety.
2. Food additives and processing aids must be in the
list of licensed food additives and processing aids announced by Ministry of
Health.
3. The small-scale food production establishment
must provide enough clean water to serve the food production/
processing in conformity with the national technical regulations on the quality of edible and drinkable water.
4. Solid waste and wastewater generated from the
food production area must be treated in accordance with regulations on
environmental protection and local regulations.
Article 42. Food
preservation conditions
Food preservation area:
1. Maintain the satisfaction of
conditions on temperature, humidity, lighting, air
valentiation and elements affecting the food safety as referred to by the food
producer’s regulations on food preservation.
2. Implement measures for preventing
pests and harmful animals.
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Article 43. Food
transportation conditions
1. The small-scale food production establishment’s owner must post at the production
establishment requirements on vehicles and mode of internal
transportation of food products as well as preservation
conditions and food safety management during the internal
transportation.
2. Food products may not be
transported in the same tanks or vehicles with supplies, raw materials or
chemicals as this might cause the cross-contamination affecting the quality and safety of the products.
Section 8. FOOD SAFETY
CONDITIONS TO BE SATISFIED BY SMALL-SCALE FOOD TRADING ESTABLISHMENTS
Article 44. Food
safety conditions at food trading area
1. The food trading
establishment must be located at a place which must have no standing or pooled water, be not polluted by dust or toxic
chemicals, or other pollutants which cause effect
on food safety.
2. Pests and other contaminants are
prevented from affecting the trading establishment.
3. The floor of the trading establishment must be
well-drained without pooled or standing water, and be easily cleaned; the
ceiling is impervious to water, and not leaked.
4. The food trading establishment must provide
enough clean water to serve the food trading
in conformity with the national technical regulation or local
regulations on domestic water quality.
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6. Waste must be collected and treated in
accordance with regulations of the law on environmental protection.
Article 45. Food safety
conditions at warehouses
1. The storing area or warehouse for
preserving foods must maintain the satisfaction of conditions on
temperature and humidity, lighting, air ventilation and elements affecting the
food safety as referred to by the food producer’s regulations on food
preservation.
2. Measures for pest control must be adopted.
3. Food products must not be stored together with
other commodities, chemicals and devices that may affect the food safety.
Article 46.
Conditions to be satisfied by the small-scale food trading
establishment’s owner and persons directly selling foods
1. The trading establishment’s
owner and persons directly selling foods must satisfy all of conditions referred to in Clause 1 Article 32 of this Decree.
2. Persons directly participating in the delivery
of processed and unpacked foods must use personal protective equipment (gloves
and mask).
Chapter VII
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Article 47. Effect and
implementation
1. This Decree takes effect as of July 01, 2016.
2. This Decree makes articles/clauses/points in the
following documents null and void:
a) Clause 4 Article 15 of the Government’s Decree
No. 38/2014/ND-CP dated May 06, 2014 on management of
chemicals governed by the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their
Destruction;
b) Point dd Clause 2, Clause 4 Article 8, Clause 7
Article 15 of the Government’s Decree No. 202/2013/ND-CP dated
November 27, 2013 providing for management of fertilizer.
3. Ministers, heads of ministerial-level agencies,
heads of affiliates of the Government and Chairpersons of people’s committees
of central-affiliated cities or provinces shall be
responsible for guiding and implementing this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
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