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THE
MINISTRY OF AQUATIC RESOURCES
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
01/2000/QD-BTS
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Hanoi,
January 3, 2000
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DECISION
PROMULGATING THE REGULATION ON INSPECTION AND CERTIFICATION
OF AQUATIC GOODS PRODUCTION AND/OR BUSINESS ESTABLISHMENTS MEETING THE
STANDARDS ON FOOD HYGIENE AND SAFETY
THE MINISTER OF AQUATIC RESOURCES
Pursuant to Decree No.50/CP of
June 21, 1994 of the Government defining the tasks, powers and organizational
structure of the Ministry of Aquatic Resources;
Pursuant to Decree No.86/CP of December 8, 1995 of the Government assigning the
responsibility of State management over goods quality;
Pursuant to Circular No.02 TT/LB of May 24, 1996 jointly issued by the Ministry
of Science, Technology and Environment and the Ministry of Aquatic Resources
guiding the implementation of Decree No.86/CP;
At the proposal of the director of the Science and Technology Department,
DECIDES:
Article 1.-
To promulgate together with this Decision the Regulation on Inspection and
Certification of Aquatic Goods Production and/or Business Establishments
Meeting the Standards on Food Hygiene and Safety.
Article 2.-
Organizations and individuals producing and/or trading in aquatic food, the
inspecting bodies and the agencies granting the certificates of qualifications
for food hygiene and safety shall have to implement this Regulation.
The following objects shall not
be governed by this Regulation:
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b) Establishments retailing
aquatic products, aquatic food catering service establishments
c) Fishing ships with the main
engine capacity of under 90 cv
d) Fishing boats operated
manually.
e) Fish wharves (manual)
f) Establishments processing
aquatic products not used as food.
Article 3.-
The director of the Science and Technology Department shall have to guide the
implementation of this Regulation. The previous provisions contrary to this
Regulation shall all be annulled.
Article 4.-
The Office director, the Department directors, the inspector, the head of
Aquatic Resources Protection Department, the director of the Center for Aquatic
Products Quality and Hygiene Inspection, the directors of the
provincial/municipal Aquatic Resources Services and of the provincial/municipal
Agriculture and Rural Development Services managing aquatic resources shall
have to implement this Decision.
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REGULATION
ON INSPECTING AND CERTIFYING AQUATIC GOODS PRODUCTION AND/OR
BUSINESS ESTABLISHMENTS MEETING THE STANDARDS ON FOOD HYGIENE AND SAFETY
(Promulgated
together with Decision No.01/2000/QD-BTS of January 03, 2000 of the Minister of
Aquatic Resources)
Chapter I
GENERAL PROVISIONS
Article
1.- Objects and scope of application
1. This Regulation prescribes
the order and procedures for inspecting and certifying aquatic goods production
and/or business establishments (hereafter referred to as establishments)
meeting the standards on food hygiene and safety (hereafter abbreviated as
FHS).
2. Objects governed by this
Regulation shall be:
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b) Establishments processing or
preliminarily processing aquatic products by manual mode, which register their
operation under the Law on Enterprises; aquatic products gathering, cleaning
and/or preserving establishments; fishing ships; fish ports, semi-extensive,
extensive, industrial aquaculture establishments; aquatic products raw
materials wholesale markets; motor vehicle used exclusively for transportation of
aquatic products.
Article
2.- Term interpretation
In this Regulation, the
following terms shall be construed as follows:
1. Establishments processing,
packing and/or preserving aquatic products by industrial mode means the aquatic
goods-producing establishments where the mechanical, thermal, electrical and
refrigerating equipment play the decisive role in the technological chains of
aquatic product processing, packing and/or preserving.
2. Establishments processing or
preliminarily processing aquatic products by manual mode means the aquatic
goods-producing establishments where mechanical and electrical equipment only
play the support role in the technological chains of aquatic product processing
or preliminary processing.
3. Semi-intensive, intensive or
industrial aquaculture establishments means the commercial aquaculture
establishments which use artificial breeds, processed feeds and mechanical and
electrical equipment to carry out the aquaculture process.
4. Fish ports mean special-use
construction works furnished with mechanical equipment for receiving, loading
and unloading, treating and/or preserving aquatic product raw materials from
fishing ships and providing services for fishing ships.
5. Aquatic product raw materials
wholesale markets means special-use construction works for the purpose of
wholesaling aquatic product raw materials.
6. Fishing ships are motorized
water means used exclusively for exploitation, gathering, preservation and/or
transportation of aquatic product raw materials.
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1. The bases for inspection and
certification of establishments meeting the FHS standards shall be the
Vietnamese Standards, the Aquatic Resource Branch’s Standards and other
provisions of the Ministry of Aquatic Resources on conditions to ensure FHS and
the FHS control system which must be applied to each type of establishment.
2. The duration and contents of
standards compulsorily applied to each type of establishment stated in Clause
2, Article 1, stipulated by the Ministry of Aquatic Resources for each period.
3. For establishments processing
and/or packing aquatic products for export to countries with requirements and
standards different from Vietnamese regulations, the FHS inspection and
certification shall be based on the standards and regulations of the importing
countries, which are recognized and permitted for application by the Ministry
of Aquatic Resources.
Article
4.- Agencies inspecting the conditions to ensure FHS
1. The agencies inspecting
conditions to ensure FHS (hereafter called the inspecting agencies for short)
include two levels: The central inspecting agency and the local inspecting
agencies (of the provincial and municipal level).
2. The central inspecting agency
is the Center for Inspection of Aquatic Product Quality and Hygiene: having the
responsibility to inspect the conditions to ensure FHS for types of
establishments stated at Point a, Clause 2, Article 1 of this Regulation.
3. The local inspecting agencies
are Sub-Departments for Aquatic Resources Protection; in localities where such
Sub-Departments are not available, the local inspecting agencies shall be
nominated by the provincial/municipal Agriculture and Rural Development
Services after obtaining opinions of the Ministry of Aquatic Resources. These
agencies shall have to inspect the conditions to ensure FHS for establishments
stationed in the localities, as stated at Point b, Clause 2, Article 1 of this
Regulation.
4. For localities lacking the
organizational and personnel conditions to perform the inspection task, the
central inspecting agency shall have to inspect the establishments stated at
Point b, Clause 2, Article 1 in such localities, and at the same time guide and
support the localities to build the local inspecting agencies.
Article 5.-
Forms of inspection and examination
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a) Establishments which have not
yet been inspected and granted certificates;
b) Establishments which have
already been granted certificates but change their production locations.
2. Re-inspection: The
re-inspection shall apply to:
a) Establishments which have
already been inspected but failed to meet the conditions for being granted the
certificates;
b) Establishments which have
already been granted certificates, but later:
- Re-arrange or expand their
production ground;
- Replace major technological
equipment;
- Turn out products other than
those already registered.
c) Establishments which have
their certificates revoked or invalidated, after rectifying their errors.
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4. Unexpected inspection is a
measure applied by inspecting agencies when necessary without notifying
establishments in advance.
5. Examination is a measure
taken by certifying agencies in the following cases:
a) where establishments complain
in writing about the conclusions of inspecting agencies;
b) where it is so needed in
order to satisfy the managerial requirements.
Article 6.-
Certifying agencies
1. Agencies certifying
establishments meeting FHS standards (hereafter called the certifying agencies
for short) include two levels: At the central level, it is the Ministry of
Aquatic Resources; in the provinces and centrally-run cities, they are the
provincial/municipal Aquatic Resources Services or the provincial/municipal Agriculture
and Rural Development Services managing aquatic resources.
2. The Ministry of Aquatic
Resources shall provide certification for establishments stated at Point a,
Clause 2, Article 1 of this Regulation.
3. The provincial/municipal
Aquatic Resources Services or the provincial/municipal Agriculture and Rural
Development Services managing aquatic resources shall provide certification for
establishments in localities as stated at Point b, Clause 2, Article 1 of this
Regulation.
Article 7.-
Certificates
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2. Where an establishment has
two independent workshops or more, the certificate must clearly state the
name(s) of the workshops which meet the FHS standards.
3. The certificate is valid only
for the establishment or workshop clearly defined therein.
4. The certificate form shall be
issued by the Ministry of Aquatic Resource for uniform application nationwide.
5. The central inspecting agency
shall have to organize the printing and management of certificate form
according to the State regime on management of printed matters.
6. Each certificate is made into
01 (one) original and 02 (two) duplicates. The original shall be handed to the establishment
granted the certificate, 1 copy shall be kept at the certifying agency and 1
copy shall be sent to the inspecting agency of the same level.
7. Each establishment or
workshop, which is granted the certificate, shall be given a code. The code system
shall be stipulated by the Ministry of Aquatic Resource and uniformly applied
nationwide.
Chapter II
INSPECTION OF CONDITIONS
TO ENSURE FHS
Article 8.-
Inspection registration
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2. The dossier of registration
for the first-time inspection for establishments stated in Item a, Clause 2,
Article 1:
An establishment shall have to
submit two sets of dossier of inspection registration, each set shall include:
a) The copy of the registration
paper for production, trading and/or processing of aquatic products;
b) The inspection registration
paper;
c) The drawing of the arrangement
of the entire flooring space of the establishment on A3-size paper, fully
reflecting the principal processes of the technological chain of production;
d) The list of major products
and the plan of the technological process of production;
e) The list of major
technological equipment;
f) The report on the
establishment’s conditions to ensure FHS.
3. The dossier of registration
for first-time inspection for establishments stated at Item b, Clause 2,
Article 1:
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a) The inspection registration
paper;
b) The drawing of the plan of
the establishment’s flooring space, on A4-size paper, clearly reflecting
construction items directly related to the FHS of aquatic raw materials,
semi-finished products and products;
c) The copy of the aquatic
products practicing license;
d) The report on the
establishment’s conditions to meet the FHS.
4. The dossier of registration
for re-inspection: An establishment shall submit 02 sets of dossier of
re-inspection registration; each set shall include:
a) The re-inspection
registration paper;
b) The report on changes in the
conditions to ensure FHS, clearly stating changes in the FHS conditions as
compared with the previous inspection, including remedial measures already
taken to rectify errors (if any).
5. The inspection and
re-inspection registration forms and the form of report on the establishments’
conditions to ensure FHS as stated in Clauses 2, 3 and 4 of this Article shall
be stipulated by the central inspecting agency and uniformly applied
nationwide.
Article 9.-
Registration certification and inspection notice
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1. To examine the dossiers and
guide establishments to supplement insufficient contents.
2. To certify their full receipt
of registration dossiers of establishments.
3. Within 7 (seven) days after
the receipt of the full registration dossiers, to notify in writing the
establishments of the inspection time and contents, and standards to be used as
bases for the inspection.
Article
10.- Setting up inspection teams/ examination teams
1. The heads of the inspecting
agencies shall issue decisions to set up team for inspection of the conditions
to ensure FHS for establishments under the first-time inspection, re-inspection
or unexpected inspection. The regular inspection shall comply with the plans of
the inspecting agencies, without having to issue decisions thereon.
2. The heads of the certifying
agencies shall issue decisions to set up examination teams in cases stated in
Clause 5, Article 5.
3. A decision to set up an
inspection team or an examination team should clearly state:
a) The scope of inspection and
responsibilities of the team;
b) The name of the establishment
to be inspected;
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4. Members of inspection teams
or examination teams are cadres having graduated from training courses on
inspection operations, having experiences in the work of inspection of
conditions to ensure FHS in the field of aquatic products.
Article
11.- Inspection contents and methods
1. The inspection contents must
comply with the provisions on standards regarding the conditions to ensure FHS
of the type of establishment to be inspected.
2. The inspection method, the
list of groups of items to be inspected, the method of evaluating the extent of
error for each group of item, the classification criteria applicable to each
type of establishment shall be elaborated by the central inspecting agency, and
submitted to the Ministry of Aquatic Resources for promulgation and uniform
application nationwide.
3. The inspection teams shall
have to assess all contents and groups of items to be inspected according to the
provisions in Clause 2 of this Article; and at the same time classify
establishments according to the extents of ensuring FHS into the 4 following
class:
a) Class A: Meeting the FHS
standards;
b) Class B: Being found with
some minor errors which cause minimal impacts on FHS for aquatic products;
c) Class C: Being found with
some grave errors which may affect FHS of the products, but not seriously;
d) Class D: Being found with
many serious errors, which cannot be rectified within a short period of time,
which shall seriously affect the FHS of the aquatic products if production
continues.
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Article
12.- Inspection frequency
The regular inspection frequency
for establishments is stipulated as follows:
1. For establishments stated at
Point a, Clause 2, Article 1:
a) Class A establishments: 02
(two) times/year
b) Class B establishments: 04
(four) times/year
c) Class C establishments: 12
(twelve) times/year
d) Class D establishments: 24
(twenty-four) times/year.
2. For establishments stated at
Point b, Clause 2, Article 1:
a) Class A establishments: 01
(one) time/year
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c) Class C establishments: 06
(six) times/year
d) Class D establishments: 12
(twelve) times/year.
Article
13.- Inspection minutes
1. The form of inspection
minutes shall be elaborated by the central inspecting agency for each type of establishment,
submitted to the Ministry of Aquatic Resources for promulgation and uniform
application nationwide.
2. The inspection minutes must:
a) Be made according to set form
right at the establishments after the end of inspection;
b) Fully and accurately reflect
the inspection results;
c) Be clearly inscribed with the
to be-rectified contents of items which have failed to meet the standards and
regulations (if any);
d) Clearly state the opinions of
the inspection teams, the classification of extent of ensuring the FHS by the
establishments, according to the provisions in Clause 3, Article 11;
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f) Be made in 2 (two) copies: 1
copy is kept at the inspecting agency, 1 copy is handed over to the
establishment.
3. If disagreeing with the
conclusions of the inspection team, the establishment’s representative may
inscribe his/her proposal and/or complaints, including request for
re-investigation or examination, at the end of the minutes before signing and
stamping for certification.
Chapter
III
GRANTING, INVALIDATING
AND WITHDRAWING CERTIFICATES
Article
14.- Granting certificates
1. For establishments under the
first-time inspection, reaching Class A or Class B as stipulated in Clause 3,
Article 11, within 07 (seven) days after the inspection, the inspecting
agencies shall have to forward the dossiers to the certifying agencies,
proposing the granting of certificates to the establishments.
2. A dossier proposing the
granting of certificate shall include:
a) The dossier of inspection
registration of the establishment stated in Clauses 1 and 2, Article 8;
b) The inspection minutes of the
inspection team;
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3. Within 07 (seven) days after
fully receiving the dossiers, the certifying agency shall have to issue a
decision to grant certificate to the establishment. In cases where examination
is required, there must be a document notifying the examining agency and the
establishment thereof.
4. After granting the
certificate, the dossier proposing the granting of certificate shall be
returned to the inspecting agency of the same level and archived thereat.
5. Particularly for Class B
establishments:
a) The head of the inspecting
agency shall send a written request to the establishment, which is made in 02
(two) copies, 1 copy is sent to the establishment, 1 copy is kept at the
inspecting agency.
b) The content of such request:
clearly stating item to be rectified and the time limit for the complete
rectification of such items.
c) During the above-said time
limit, the establishment is allowed to conduct its production activities as
usual.
Article
15.- Cases of failure to satisfy conditions for being granted certificates
For establishments under the
first-time inspection, which fail to satisfy the conditions to ensure FHS
(Class C and Class D), basing themselves on the inspection minutes, the
inspecting agencies and the certifying agencies shall, within 07 (seven) days
after the inspection, have to apply the following measures:
1. For Class C establishments:
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b) The notice content:
- The reason for not granting
the certificate: Items failing to meet requirements;
- The time limit for
rectification of items which have failed to meet the requirements;
- The notification on increase
of frequency of inspection of conditions to ensure FHS and taking samples on
production chains for inspection.
c) Within the above-said time
limit, the establishment may carry out production activities, but its products,
when being delivered, must be closely inspected.
2. For Class D establishments:
a) Within 07 (seven) days after
the inspection, the inspecting agency shall have to send all dossiers to the
certifying agency, clearly stating the reasons and proposal for not granting
the certificate to the establishment;
b) Within no more than 15 days
after fully receiving the dossiers, the head of the certifying agency shall
examine them and send a notice on non-granting of certificate. The notice is
made in 04(four) copies: 1 copy is sent to the establishment, 1 is kept at the
certifying agency, 1 is sent to the inspecting agency, and 1 is sent to the
agency which has issued the establishment decision or the agency which has
granted the production/business registration to the establishment.
c) The notice contents:
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- Stipulating the items to be
rectified;
- Proposing the agency which has
issued the decision on setting up of the establishment to notify the suspension
of production/delivery till the erroneous items are rectified;
- Requesting the State quality
inspection bodies not to grant the quality certificate and the hygiene deed to
the products of the establishment.
d) After receiving the notice,
the State quality inspection bodies must not grant the State certificate of
quality or the hygiene deed to the products of the establishment.
Article
16.- For establishments which have been granted certificates but committed
violations
For establishments which have
already been granted certificates, but failed to well maintain the conditions
to ensure the FHS, basing themselves on the inspection minutes, the inspecting
agency and the certifying agency shall, within 07 (seven) days after the
inspection, have to apply the following measures:
1. For Class B establishments:
The handling shall comply with Clause 5, Article 14.
2. For Class C establishments:
a) The head of the inspecting
agency shall send the violation warning, which is made in 03(three) copies: 1
copy is sent to the establishment, 1 is kept at the inspecting agency, and 1
sent to the certifying agency for report, attached with the copy of the
inspection minutes.
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- The reason(s) for warning:
Items have degenerated, failing to meet requirements;
- The time limit for
rectification of items which have failed to meet the requirements;
- The notification on increase
of frequency of inspection of the conditions to ensure FHS and taking samples
on production chain for inspection.
c) Within the prescribed time
limit, the establishment is allowed to carry out production activities, but its
products, when being delivered, must be closely inspected by the inspecting
agency.
3. For Class D establishments:
a) Within 07 (seven) days after
the inspection, the inspecting agency shall have to fully send the dossiers to
the certifying agency, clearly stating the reason(s) and proposal for
invalidation of the certificate already granted to the establishment.
b) Within not more than 15 days
after fully receiving the dossiers, the head of the certifying agency shall
examine them and send a notice on the invalidation of the certificate already
granted to the establishment. The notice is made in 04 (four) copies: 1 copy is
sent to the establishment, 1 to the inspecting agency, 1 to the agency which
has issued the establishment decision or the agency which has granted
production/business registration to the establishment, and 1 is kept at the
certifying agency.
c) The notice contents:
- Stating clearly the number of
errors and the seriousness of such errors;
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- Proposing the agency which has
issued the decision to set up the establishment to notify the suspension of
production/delivery till the erroneous items are completely rectified;
- Requesting the State quality
inspection bodies not to grant the quality certificates and hygiene deeds to
the products of the establishment.
d) After receiving the notice,
the State quality inspection bodies shall suspend the granting of certificates
or hygiene deeds to the products of the establishments till a new decision is
made by the certifying agency.
Article
17.- Invalidation of certificates
1. In the following cases, the
head of the inspecting agency shall send a document fully attached with
dossiers to the certifying agency, requesting the latter to issue a decision to
invalidate for a definite period of time the certificates already granted to:
a) Establishments rated Class D;
b) Establishments rated Class C
for more than 6 months without applying any measures to rectify the errors;
c) Establishments which fail to
abide by the written requests of the inspecting agency for the maintenance of
conditions to ensure FHS for two times or more;
d) Establishments which have 2
successive goods lots subject to warning by the inspecting agencies at home or
abroad, but have not rectified the errors in time;
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2. The head of the certifying
agency shall examine them and issue a decision to suspend for a definite period
of time the validity of the granted certificate. The decision is made in 4
(four) copies: 1 copy is sent to the establishment, 1 kept at the
certificate-granting agency, 1 sent to the inspecting agency and 1 to the
agency which has decided the setting up of the establishment or the agency
which has granted the production/business license to the establishment.
3. After receiving the decision,
the State quality inspection bodies shall suspend the granting of certificates
or hygiene deeds to products of the establishment till a new decision is issued
by the certifying agency.
Article
18.- Restoring the validity of certificates
1. Within the prescribed time
limit, after completely rectifying the errors, the establishment having its
certificate invalidated shall register its application for re-inspection
according to the procedures defined in Clause 4, Article 8 of this Regulation.
2. The inspecting agency shall
conduct the re-inspection according to the provisions in Chapter 2.
3. If the establishment is rated
Class A or Class B according to the provisions in Clause 3, Article 11, the
inspecting agency shall have to send a written document requesting the
certifying agency to restore the validity of the certificate granted to the
establishment according to the procedures defined at Clauses 1 and 2 of Article
14.
4. After examining the dossiers and
proposal of the inspecting agency, the head of the certifying agency shall
issue a decision to restore the validity of the certificate already granted to
the establishment according to the procedures prescribed in Clause 3, Article
14.
Article
19.- Withdrawal of certificates
1. In the following cases, the
head of the inspecting agency shall send a document enclosed with the full
dossiers to the certifying agency, requesting the latter to issue a decision to
withdraw the certificates already granted to:
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b) The establishments which have
their certificates invalidated for the second time in 12 months;
c) The establishments which have
more than 3 consecutive goods lots subject to warning by the competent bodies,
but fail to apply effective remedial measures;
d) The establishments which have
deliberately committed serious violations or repeated violations of the
regulations on the use of granted certificates and code, violated in a
systematic manner the law provisions on ensuring the FHS which may seriously
affect the consumers’ health;
e) Having clear evidence showing
that the inspection results do not accurately reflect the reality on the
establishment’s conditions to ensure FHS.
2. The head of the certifying
agency shall consider and decide the withdrawal of certificate already granted
to the establishment. The decision is made in 5(five) copies: 1 copy is sent to
the establishment, 1 to the inspecting agency, 1 to the agency which has issued
the decision to set up the establishment or the agency which has granted the production/business
license to the establishment, and 1 kept at the certifying agency.
3. The establishment shall have
to submit the original of the granted certificate, the certifying agency shall
have to stamp "Da thu hoi" (withdrawn) on the certificate and keep
the dossier. The withdrawn certificate is no longer valid legally.
4. The procedures for applying
for re-granting of the certificate shall comply with those applicable to
establishments applying for re-inspection registration as provided for in Clause
2, Article 5 this Regulation.
Chapter IV
RESPONSIBILITIES AND
POWERS
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1. To fully comply with the
dossier procedures defined in Article 8 of this Regulation.
2. To create all favorable conditions
for inspectors to work at the establishments.
3. To regularly maintain the
already recognized FHS conditions.
4. To seriously rectify errors
stated in the inspection mininutes.
5. To pay inspection charges and
certificate-granting fees as prescribed.
Article
21.- Responsibilities and powers of the central inspecting agency
1. To organize the inspection of
the FHS conditions of establishments as assigned in Article 4.
2. To guide establishments as
assigned at Article 4 on the regulations, standards and procedures related to
ensuring the FHS.
3. To systematically archive all
inspection dossiers of establishments; to supply dossiers, to fully and
accurately explain the inspection results at the request of establishments or
certificate-granting agency.
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5. To elaborate instructions on
inspection methods, tables of to be- inspected items; methods of assessment of
the extent of errors for each group of to be-inspected items, methods of
general assessment of FHS conditions for each type of establishment, inspection
forms, and submit them to the Ministry of Aquatic Resources for promulgation
and uniform application nationwide.
6. To coordinate with the
Aquatic Resource Protection Department in providing professional guidance to
local inspecting agencies, to support and coordinate with local inspecting
agencies in FHS control activities.
7. Periodically before January
15 and July 15 every year, to sum up FHS control activities of localities and
establishments, send written reports thereon to the Ministry of Aquatic
Resources and propose measures to better this work.
Article
22.- Responsibilities and powers of local inspecting agencies
1. To perform tasks mentioned in
Clauses from 1 to 4 of Article 21, within the scope of management assigned at
Article 4.
2. Periodically before the
seventh day of the first month of each quarter every year, to send written
sum-up reports to the provincial/municipal Aquatic Resources Services
(provincial/municipal Agriculture and Rural Development Services managing
aquatic resources) and the central inspecting agency on the results of
inspection of FHS conditions of establishments under their respective management.
3. To coordinate with
Prophylactic Medicine Centers and concerned managerial agencies in their
respective localities in guiding and popularizing knowledge about FHS to local
people and to urge and examine the observance of regulations by establishments
under their respective management.
Article
23.- Responsibilities and powers of inspectors
1. To inspect, consider and
assess the compatibility of the current production and trading of aquatic
products with the prescribed criteria.
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3. To request the examination of
books, documents and dossiers related to the aquatic food quality control,
photocopy and take notes of necessary information.
4. To make records on and seal
samples for a necessary period of time if there is evidence confirming that
establishments have breached this Regulation as well as other State provisions
related to ensuring aquatic food hygiene and safety.
5. To report to the heads of
inspecting agencies cases which fall beyond their prescribed jurisdiction for
the handling thereof.
6. To keep confidential
information related production and business secrets of the inspected
establishments, to comply with the Ordinance on Inspection and documents
related to inspectors.
Article
24.- Responsibilities of the Ministry of Aquatic Resources
1. To uniformly manage the inspection
work and the granting of certificates of FHS conditions of establishments
engaged in aquatic goods - production and trading nationwide.
2. To grant certificates,
suspend the validity of certificates or withdraw certificates according to the
provisions of this Regulation.
3. To approve organizations
under the system of central and local inspecting agencies.
4. To uniformly direct all
professional activities; to control the activities of local inspecting
agencies, the central inspecting agency and the local certificate-granting
agencies.
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6. To coordinate with concerned
ministries, branches and provincial/municipal People’s Committees in organizing
the implementation of regulations on ensuring FHS by aquatic food production
and business establishments.
Article
25.- Responsibilities of provincial/municipal Aquatic Resources Services,
the provincial/municipal Agriculture and Rural Development Services managing
aquatic resources
1. To direct, guide and inspect
the implementation of this Regulation within the scope of their management as
assigned at Clause 3, Article 6.
2. To grant certificates,
suspend the validity of certificates or withdraw granted certificates according
to the provisions of this Regulation within the scope of their assigned
management.
3. To organize and inspect the
implementation of the stipulations of the Ministry of Aquatic Resources as well
as professional guidance of the central inspecting agency.
4. To organize and build the
material and personnel foundations for local inspecting agencies to be capable
of inspecting the FHS conditions of aquatic food production and business
establishments within their assigned responsibilities.
5. Periodically before January
15 and July 15 every year, to report in writing to the Ministry of Aquatic
Resources and the provincial/municipal People’s Committees on the lists of
establishments granted certificates in the period, on the certificate granting
situation, inspection, supervision and handling of violations within the scope
of their assigned responsibilities.
6. To coordinate with the
provincial/municipal Health Services and concerned local branches in organizing
the implementation of regulations on FHS by aquatic food production and
business establishments.
Chapter V
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Article
26.- Charges and fees
1. The inspecting agencies are
entitled to collect inspection charges in the cases of: first-time inspection,
re-inspection, periodical inspection, verification; to collect fees for
granting of certificates. The levels, management and use of charges and fees
shall comply with the stipulations and guidance of the Finance Ministry.
2. The inspecting agencies, the
certifying agencies and inspectors are strictly forbidden to collect charges
and fees in contravention of regulations.
Chapter VI
COMPLAINTS, SETTLEMENT
OF COMPLAINTS AND SANCTIONS
Article
27.- Complaints
1. Establishments may complain
to the heads of inspecting agencies and/or certifying agencies at all levels
about the inspection activities and the granting of certificates.
2. If disagreeing with the
conclusions of inspecting agencies or certifying agencies, establishments may
complain to the higher-level competent authorities according to the Law on
Complaints and Denunciations, which was guided in the Government’s Decree
No.67/1999/ND-CP of August 7, 1999.
Article
28.- Settlement of complaints
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2. In case of necessity, the
heads of the immediate superior bodies of the inspecting agencies or the
certifying agencies shall issue decisions to set up inspection teams to
consider and reply the establishments in writing.
3. Establishments shall have to
pay all the costs of re-inspection or verification if the results of the
re-inspection or verification to settle the complaints conform to the results
of the previous inspection.
Article
29.- Sanctions
1. All acts of violating this
Regulation by establishments, inspecting agencies, certifying agencies or
inspectors shall be sanctioned according to law, depending on the seriousness
of the violations.
2. All administrative violations
shall be sanctioned according to Decree No.57/CP of May 31, 1997 of the
Government on administrative sanctions in the field of measurement and goods
quality as well as other relevant documents.
3. Violations which cause serious
consequences or constitute dangerous recidivism may be examined for penal
liability according to law.
Chapter
VII
IMPLEMENTATION PROVISIONS
Article
30.- Statute of limitations and amendment of the Regulation
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2. Every supplement or amendment
to this Regulation shall be considered and decided in writing by the Minister
of Aquatic Resources