MINISTRY
OF HEALTH
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
4196/1999/QD-BYT
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Hanoi,
December 29, 1999
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DECISION
ON PROMULGATING "PROVISIONS ON QUALITY, HYGIENE AND
FOOD SAFETY"
MINISTER OF HEALTH
Pursuant to the Law on
Protection of People's Health dated 06/30/1989 and Charter of Sanitation issued
together with Decree No.23 - HDBT dated 24/01/1991 of the Council of Ministers
(now the Government);
Pursuant to Decree No.68/CP
dated 11/10/1993 of the Government on functions, tasks, powers and
organizational apparatus of the Ministry of Health;
Pursuant to Decree No.68/CP
dated 11/10/1993 of the Government on functions, tasks, powers and
organizational apparatus of the Ministry of Health;
Pursuant to Decree No.86/CP
dated 08/12/1995 of Government on the assignment of responsibilities of State
management over goods quality;
At the proposal of the
General Director of Department of Preventive Medicine, Chief Inspector -
Ministry of Health, General Director of Department for Management of quality,
hygiene and food safety,
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Article 1.
Issuing together with the Decision is the “Provisions on
quality, hygiene, and food safety”.
Article 2.
Management Department of Quality, Hygiene, and Food
Safety is responsible for directing, guiding, and inspecting the implementation
of this Regulation.
Article 3.
This Decision takes effect 15 days after the signing
date.
Article 4.
Mr. and Ms: Chief Office, Chief Inspector, General
Director of Department of Preventive Medicine, General Director of
Department of the Ministry of Health, General Director of Department of
Management of quality, hygiene and food safety, the heads of the units directly
under Ministry and Director of the Department of Health of provinces/cities
under the Central Government are responsible for the implementation of this
Decision.
MINISTER
OF HEALTH
Do Nguyen Phuong
PROVISIONS
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(Issuing
together with the Decision No.4196/1999/QD-BYT dated December 29, 1999 of
Minister of Health)
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of governing.
This Regulation provides for
quality, hygiene, and food safety in the production, processing, storage,
transportation, trading of food in Vietnam, including imported food.
Article 2.
Subjects of governing.
This Regulation applies to
organizations and individuals producing, trading food in the territory of
Vietnam, organizations, and individuals that import food to sell in the Vietnam
market.
Article 3.
Interpretation of terms.
In this Regulation, the terms
below are construed as follows:
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2. "Food
establishment" includes workshops, warehouses, equipment and
infrastructure of the facilities of production, processing and sales of food,
import of food and food service facilities or other facilities with food
service department.
3. "Street food"
is food, beverages, including vegetables, fresh fruit that may be eaten
immediately sold on the streets or public places.
4. "Food cleaning"
is the removal of dirt, residues in food.
5. "The food
processing" means the processing of food from raw materials to
finished food.
6. "Irradiation
food" is the food used radioactive substances in order to preserve and
prevent deterioration of food.
7. "Food used gene
technology" means the food made from food materials which have been
modified by application of genetic technology and not including food additives
and processing aids.
8. "Fake food"
means the foods circulated on the market not guaranteeing the quality or
trademark as registered.
9. "Food quality" is
consistent with the regulations on hygiene and food safety and the standards on
the components, packaging, labeling, storage, and transportation of food.
10. "Hygiene and food
safety" means the food that is not harmful to health or life of users;
not being ruined, degenerated, reduced quality or low quality; not containing
physical or biologic, chemical agents exceeding the permissible limitation; not
being the products of diseased animals that can be harmful to users.
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12. "Food standard"
is the technical documents on food issued by the competent authority.
Chapter II
REQUIREMENTS FOR THE
FOOD ESTABLISHMENTS
Article 4.
Location.
1. Food establishments must
locate away from areas of dust contamination, toxic substances, smoke, waste
areas, place of the stagnant water and other contaminants at least 50m.
2. Internal roads in the food
establishments must be constructed to ensure hygiene standards, with well
sewers, drains.
Article 5.
Design.
1. The area of production,
processing of food must be designed according to the rule of one way from raw material
to finished product to avoid contamination.
2. Storage, factory and
equipment of the establishments of production, processing of food must be
designed to limit the entry of animals.
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4. Toilets must not be opened
directly to the sectors of manufacturing, processing, trading food.
5. Doors taking waste, garbage
must be designed separately.
Article 6.
Structure.
1. Warehouse, workshops, and
equipment are located conveniently and easily in the process of manufacturing,
processing food to facilitate the application of measures to handle sanitary.
a) Ceiling: bright color,
waterproof, no cracks, prevention of mold and stagnant water and dirt.
b) Floors: bright color; made of
materials that are waterproof, washable, non-slip, non-toxic for food, easy to
clean, sterile and well drained.
c) Walls and wall angle: flat,
bright, non-toxic for food, waterproof, easily easy to clean, sterile.
d) Doors: smooth, waterproof, it
is better to automatically open and closed. For the establishments producing
canned food, packed, processed food, the in-front entrance must be designed the
location for placing antiseptic water to soak boots before entering and
exiting.
e) Window: a safety net to avoid
the intrusion of insects and animals. The net must facilitate for regular
cleaning.
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a) Ventilation system must be
proper to eliminate condensation, heat, polluted air, strange smells, and dust.
b) The direction of the
ventilation system must be ensured not being blown the wind from contaminated
areas to clean areas.
c) With protection mesh made of
easy-to-disassemble; rustless materials for cleaning.
3. Containers of waste and
inedible items:
Waste containers must be sealed
with lids to avoid the entry of animals and be cleaned regularly.
4. Lighting system:
a) The food establishments must
always be fully illuminated:
- The place of producing must
have the light intensity of not less than 200 lux.
- The place of checking food
must reach the light intensity of not less than 540 lux.
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5. Sewage, ditches systems must
be tight, well-drained, easily renovated, non-pollution of the surrounding
area.
6. The full toilets system which
are located in the convenient locations for everyone in the food establishment
and all the equipment to ensure hygiene.
7. Area of breeding pet (if any)
is arranged at the end of the main wind direction and separate isolation with
the area of producing, processing, and trading food.
Article 7.
Containers of food and means of transportation.
1. The instrument used for
containing and processing food must be made from nontoxic materials without
causing strange odor compared to the taste of initial food, not being
absorption, not being contamination into food, non-corrosive .
2. The instrument used for
containing and processing food must be smooth, without cracks, easy to clean
and disinfected its surfaces.
3. The means of transportation
must conform to the particular nature of food, easy to clean and should be kept
clean regularly to ensure food safety.
4. The means of transportation
used in the processing, production, business, and circulation of food is not
polluted, changed odor or deteriorated food
Article 8.
Toilet area.
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2. Hand wash place in the
production area must be provided adequate clean water, soap, hand towels of one
time use or hand dryer.
3. Toilet area must have the
systems of lighting and ventilation, easy drainage, waste disposal and hygiene
assurance. Toilets should be constructed so that the main wind direction does
not blow from the restroom area to the area for processing, storage, and sale
of food.
4. Toilet area must be completely
separated from the area of processing, storage, selling of the food and having
guidline "Wash your hands after leaving the toilet”.
Article 9.
Sanitation of facilities.
1. Food is processed, stored,
displayed for sale in the clean and hygienic places. The dirt, contaminants
must be eliminated or reduced to the levels not likely to cause hazards to
human health.
2. The place where food is
processed; sold must be clean and not depositing grease and outstanding foods
are washed; cleaned daily.
3. The place where food is
stored for sale must be neatly arranged, with each separate area for each type
of food to avoid cross contamination and always kept clean.
Article 10.
Making clean and disinfect equipment, tools of processing, production and sale
of food.
1. The equipment and tools used
in the processing, storage and sale of food must be cleaned before and after
use. Only use detergents for food containers and disinfectant permitted by the
Health Ministry.
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3. Water used for washing must
be ensured according to provisions of the Ministry of Health.
4. Equipment, tools of
processing and production of food must be disinfected regularly.
5. The substance used for
cleaning and sterilizing food containers must be placed in easily identifiable
packages and manuals in accordance with specifications. The detergents must be
placed separate from the area of processing, storage, or sale of food.
Chapter
III
REQUIREMENTS FOR
EXECUTIVES, PERSONS WHO DIRECTLY PRODUCE AND TRADE FOOD
Article 11.
Learning knowledge of hygiene and food safety.
Owners of the food
establishments shall have to contact local health agencies for organizing the
workers directly participate in the production, processing, or selling food to
study the knowledge of hygiene and food safety.
Article 12.
Health of producers.
1. Persons who directly
participate in producing and processing food must be examined health before the
recruitment and periodic re-examination in accordance with the provisions of
the Ministry of Health.
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3. The medical examination must
be conducted in the medical institutions from district level upwards.
Article 13.
Hygiene of those who manufacture and process food.
1. The persons who directly
produce or process food must wash their hands with water, with soap:
a) When starting to work.
b) After processing the raw
materials.
c) After touching dirty
surfaces.
d) After the toilet is complete.
e) Before contacting with ready
to eat food.
2. The persons who process food must
comply with the following requirements:
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b) Keeping the nails short,
clean and not wearing jewelry when contacting directly with instant food.
c) Not to eat in the food
manufacturing sector.
d) Not to spit, smoke in the
area for processing.
Chapter IV
REQUIREMENTS FOR THE
QUALITY, HYGIENE, AND FOOD SAFETY
Article 14.
Responsibility for implementing the requirements of quality, hygiene, and food
safety.
1. The establishments
manufacturing, selling food is produced, processed, imported, traded only the
foods reaching the standards of quality, hygiene, and food safety, safety for
the users.
2. Strictly prohibit the
manufacture, processing, importation, storage, or sale of fake food.
Article 15.
Water, ice, and steam.
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2. Water used for food
processing must be clean and not containing other contaminants, ensuring
hygiene and safety standards for drinking water and living water in accordance
with provisions of the Ministry of Health.
3. Manufacturing establishments
must have sufficient clean water, enough pressure to provide for the cleaning,
food processing. Water storage equipment must be designed properly to store and
use hygienically.
4. Ice used for food must be
produced from clean water, sanitary according to the Health Ministry’s
provisions.
5. Ice used for food and food
preservation must be preserved and transported under sanitary regulations of
the Ministry of Health.
6. Steam used directly to
produce food or contact with food must be hygienic, suitable to the using
purpose and not causing harm to human health.
7. Water used for steam
production, refrigeration, fire protection or used for other purposes must have
separate pipes, be painted its own distinctive colors, and not connected to the
water system used for production and processing of food.
Article 16.
Food additives.
1. Food additives that are not
included in the permissible list of the Ministry of Health before being
imported or brought into use must be permitted in writing by the Ministry of
Health.
2. Strictly prohibit the import,
processing, storage, use, advertisement, or selling of food additives that are
not included in the list permitted by the Health Ministry.
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Article 17.
Supplements.
1. The use of new additional
substances must be permitted in writing by the Health Ministry.
2. Strictly prohibit the manufacture,
importation, processing, storage, and sale of food containing the supplements
at the contents exceeding permissible safe limits by current regulations.
Article 18.
Food using genetic technology.
All food using genetic
technology or materials using genetic technology must be labeled in Vietnamese
"With use of genetic technology."
Article 19.
Residues of plant protection medicine and veterinary medicine
Strictly prohibit the
manufacture, processing, importation and sale of foods containing plant
protection medicine or veterinary medicine exceeding permitted residues under
the provisions of the Health Ministry.
Article 20.
Microorganisms and Microorganisms’ toxins.
Strictly prohibit the manufacture,
processing, importation, or sale of foods contaminated with microorganisms or
their toxins exceeding the safety limits as prescribed by the Ministry of
Health
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1. Irradiated food must be
produced, processed by the CODEX standards and must be labeled in Vietnamese.
2. Strictly prohibit the
manufacture, processing, importation, or sale of irradiated foods out of the
list of food permitted for irradiation issued by the competent authority.
Article 22.
Requirements on hygiene and safety for street food.
1. Street food must be put on
the high shelf of not less than 1m.
2. Processed foods must be
marketed in the tools ensuring to avoid dust, insects, animals and other
pollution sources and must be placed separate from the draw food or
preliminarily processed.
3. Hot processed food must be
kept at a temperature of not lower than 60°C, processed food for cold eating
must be kept at a temperature of not more than 5°C during the storage and sale
of food.
4. It must have its own tools to
pick the prepared food.
Article 23.
Application of measures to ensure food quality during production.
To encourage the establishments
of production, processing of food applying the system of assurance of quality,
hygiene, and food safety under HACCP, GMP, ISO or other equivalent food quality
assurance systems.
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PROVISIONS ON THE
QUALITY, HYGIENE, AND FOOD SAFETY FOR PACKAGING, LABELLING AND ADVERTISING OF
FOOD
Article 24.
Food packaging.
1. The use of new packaging
materials must be appraised and licensed by the Ministry of Health.
2. The food packaging materials
produced, processed, packaged must ensure the prevention of dust, insects, and
other pollution sources.
3. Strictly prohibit the foods
packaging by the packages which are likely to cause toxic, harmful, not
guaranteeing the quality and safety or causing ruin to food.
Article 25.
Food labeling.
1. The labeling of food must
comply with the "Regulation on labeling of domestically circulated goods
and exports and imports" issued together with the Decision No.178/1999/QD
– TTg dated 30/8/1999 of the Prime Minister.
2. Strictly prohibit the
self-change of food labels, change of the expiry of the food circulated.
Article 26.
Advertising.
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Chapter VI
IMPORTED AND EXPORTED
FOOD
Article 27.
Requirements for imported food.
1. Food imported into Vietnam
must ensure the quality, hygiene, and safety as prescribed by law.
2. Food importing establishments
shall be responsible for the quality, hygiene, and safety of imported food.
3. Imported food on the list
required for state inspection must have a certificate of quality, hygiene, and
food safety of the competent authorities before they are imported and sold in
Vietnam.
4. Imported food which is not on
the list required for state inspection must still check if detected signs of
failure to ensure the quality, hygiene, and safety.
5. Imported food which is
unsatisfactory in quality, hygiene, and safety must be recycled, cancelled or
re-exported under decisions of the competent authorities.
Article 28.
Exported food.
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2. Upon request by the
purchasing country, the Ministry of Health will consider to grant a certificate
of quality, hygiene and food safety and certificate of food products circulated
freely in the country for the food items which were issued the registration
number by the Ministry of Health or the Health Departments of provinces and
cities under central authority.
Chapter
VII
REGULATION ON FOOD
POISONING, RECALLED FOOD AND SAMPLE TESTING
Article 29.
Saving of food sample, reports of poisonings and diseases caused by contaminated
food.
1. The establishments, units
that organize the meals for from 30 people or more must save food samples and
under the supervision of local health agencies on quality, hygiene, and food
safety. The food samples must be kept for at least 24 hours.
2. The persons who detect or
suspect poisoning and diseases caused by contaminated food shall be responsible
for notifying immediately the nearest health agencies.
3. The local health agencies
must report the cases of food poisoning or suspected signs of diseases caused
by contaminated food to high level health authorities for the period of not
exceeding 24 hours after receiving the notice.
4. The local health agencies
coordinate with the Management Department of quality, hygiene and food safety
to organize and direct the investigation and handling of food poisoning cases
as being notified.
5. The data relating to diseases
caused by contaminated food must be collected and evaluated and announced by
the Ministry of Health on the basis of ensuring the implementation of the
provisions of the law on protection of state secrets.
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Article 30.
Withdrawn food.
1. The importing enterprises,
establishments manufacturing, processing food must have the book system to keep
track and record in full and ready to provide for the competent authorities
upon request.
2. Withdrawn foods are the foods
imported, manufactured, or marketed without quality assurance and improper
registration records. Inspection of hygiene and food safety and the competent
authorities are responsible for revoking these foods.
3. Foods which were withdrawn
must be kept in appropriate and separate places.
4. Foods which were withdrawn
must be recycled or canceled by the orders provided by the law.
5. If the food establishments do
not make self-destruction of food, the local competent authorities shall
destroy and the food establishments are responsible for paying all costs for
disposal or processing of food.
Article 31.
Sample testing.
1. The Ministry of Health
designates the function agencies to test food samples collected.
2. The unit collecting samples must
hand over the food samples to the samples testing agency as soon as possible.
Samples must be labeled in full and clearly as prescribed and make sure that
there is not any change in the physics, chemical, micro-organism compared to
the time of sampling.
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4. Management Department of
quality, hygiene and food safety, the Departments of Health of provinces and
cities under the Central Government is responsible for inspecting, monitoring
the food establishments by decentralization and sampling for inspection if it
is in doubt of not guaranteeing quality, hygiene and food safety.
Chapter
VIII
EXAMINATION, INSPECTION
AND HANDLING OF VIOLATIONS
Article 32.
Examination of hygiene and food safety.
The Management Department of
quality, hygiene and food safety coordinates with inspectors of the Ministry of
Health, the Departments and relevant agencies to examine and inspect the
implementation of the provisions on hygiene and safety of food for
organizations and individuals producing and trading food in the country.
The Departments of Health of
provinces or cities under central authority are responsible for organizing the
examination and inspection of the implementation of the provisions on hygiene
and safety of food for organizations and individuals producing and trading food
in the country.
Article 33.
Inspection of hygiene and food safety.
The State inspectorate of
specialized-hygiene health that are held under the State Inspectorate Charter
of Health issued by the Decree No.23/HDBT dated 24/01/1991 of the Council of
Ministers (now the Government) is responsible for inspecting the observance of
the law on quality, hygiene and food safety, entitled to sanction
administrative violations of quality, hygiene and food safety in accordance
with the law regulations on handling of administrative violation. The
inspection of quality, hygiene, and food safety is performed by inspection
teams or inspectors.
Article 34.
Handling of violations.
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