Circular 40/2013/tt-Bct: Prescribed Conditions, The Sequence Specified Procedures Test Facility To Verify Food Safety Are The Responsibility Of The State Administration Of Industry And Commerce

Original Language Title: Thông tư 40/2013/TT-BCT: Quy định điều kiện, trình tự thủ tục chỉ định cơ sở kiểm nghiệm kiểm chứng về an toàn thực phẩm thuộc trách nhiệm quản lý Nhà nước của Bộ Công thương

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MINISTRY OF COMMERCE
Number: 40 /2013/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 31, 2013

IT ' S SMART

Regulatory Regulation, the procedure itself specifies the basis of testing for food safety.

under the management of the State Department of the Ministry of Commerce

________________________

Food Safety Law Base June 17, 2010 and Decree No. 1 38 /2012/NĐ-CP April 25, 2012 of the Government on the stipulation of details of some of the provisions of the Food Safety Law;

The Quality Law Base, the commodity product November 21, 2007 and the Digital Protocol. 132 /2008/NĐ-CP December 31, 2008, of the Government Regulation of the Blueprint of certain provisions of the Law of Quality, Product Products;

Standard Law Base and Technical Regulation June 29, 2006 and US Digital Decree. 127 /2007/ND-CP August 1, 2007 of the Government Regulation the implementation of some of the provisions of the Standards Law and Technical Standards;

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

At the suggestion of the Chief of Science and Technology;

The Minister of Labor Department of Commerce issued the condition, the procedure itself specifies the basis of testing the food safety of the Ministry of Commerce as follows:

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. The adjustment range: This information regulates the conditions, the procedure itself specifies the basis of a test-proof testing of the food safety of the Ministry of Commerce.

2. Subject applies:

a) The testing facilities that register the test test;

b) The test facilities are designated by the Ministry of Commerce;

c) The governing body involved in assessment activity, designation.

What? 2. Explain the word

In this message the words below are understood as follows:

1. Test Test is the reexamination of the test results when there is a false sign, complaint, dispute to confirm the results of food safety testing on food products of the Department of Commerce ' s state management;

2. Evaluation of test testing facility is the operation to consider the suitability of the quality management system and the response capacity to respond to a test test requirement for specific indicators of quality, food safety;

3. Compare the object is the assessment of the quality of test results of the test-testing facility with another test-testing facility that has been designated that only test or has been recognized according to TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005 and The deadline is pending.

What? 3. The operational principle of the test basis.

1. The test-testing facility performs a test test of food safety in the management of the Ministry of Commerce when there is a dispute, a complaint about the food safety of the organization, personally or in the case of the Ministry of Commerce required by law. text;

2. The basis of testing testing is responsible for the law, ensuring accuracy, honesty, objectiation of test results;

3. The test-testing facility does not take up test testing one of the following cases:

a) Food products that require testing testing have been tested by the facility or test facilities and testing management systems and pay results;

b) The examination testing facility is a relevant party in the dispute or complaint that requires testing of food safety for food products with disputes or complaints;

4. The test-testing facility must secure the results of the test test and the information related to the organization, the individual registering the test for food safety.

Chapter II

CONDITION FOR TESTING TESTING

What? 4. Legal Conditions

The test facility designated as a test test is the state's testing facility established by the regulation of Vietnamese law, including:

1. The state-established career unit is established by the rule of law and registration of the active sector at the competent authority, which has the function of food testing or the decision to hand over the duties of the competent state authorities;

2. State business pursues to the regulation of the law on the business.

What? 5. Power Conditions

The competence of the test-testing facility for registered registration indicators must meet the following requirements:

1. The testing facility has been designated a food test that serves the state management under the regulation at the Digital Federal Information. 20 /2013/TTLT-BYT-BCT-BNPTNT August 01, 2013, of the Minister of Health-Minister of Commerce-Minister of Agriculture and Rural Development regulating the conditions, the self-serving procedure specifies the basis of food testing serving state management;

2. The test method is updated and validated the value of use, the analytical force/test of the instructions/registration tests that specifies the regulation response or the corresponding technical standard, assessing the unwarranable conditions of the device page and the necessary conditions. The other requirement is relevant under the provisions of the Ministry of Commerce;

3. The results of the test test or the contact link are required for the specified registration trials. File retention, results and test results and test performance testing compliance tests according to ISO/IEC 17025:2005 or TCVN ISO/IEC 17025:2007.

Chapter III

CASE, REGISTER PROCEDURE, SPECIFY A TEST TEST FACILITY

What? 6. The registration records specify a test basis.

1. The basis of testing meets the regulation requirements at Article 4 and Article 5 This information is submitted by one (01) of the specified registration records (directly directly or via the postal route) to the Ministry of Commerce (Department of Science and Technology) by regulation at Section 3 This.

2. The Ministry of Commerce organizes the evaluation of test-testing facilities that perform food safety tests under management assignments.

3. The specified registration profile includes:

a) The registration application specifies the basis of the testing under the prescribed pattern at Annex I issued with this message;

b) The copy of the decision to establish the establishment of a state public career unit established by the rule of law or the decision to hand over the duties of state agencies with jurisdiction or business registration certification;

c) The copy of the decision to specify the basis of a food testing facility serving the state management of the authority of the competent authority;

d) Document, technical records, and analysis processes associated with the registration/registration test specifies the test test (document that is stamped with the receipt of the specified registration mechanism).

Power profile:

-List, main device site records, a prescribed infrastructure in Appendix II issued by this message;

-The results of the test results in accordance with the provisions of Annex III issued by this message;

-The results of the test activity on the field of registration specified in twelve (12) last month in accordance with the prescribed pattern at Annex IV issued by this Information.

e) For the basis of testing testing testing has been held abroad as a participant in the mutual acknowledgation agreement of the International Laboratory of Laboratory Accreditation (ILAC-International Laboratory Accreditation). Cooperation), the Asia-Pacific Laboratory Recognition Association (APLAC-Asian Pacific Laboratory Accreditation Cooperation) evaluation and certification certification only under the National Standard TCVN ISO/IEC 17025: 2007 or ISO/IEC International Standards 17025:2005, registration specifies the instructions/trials in the recognized range must submit the documents stated at Point a, b, c and d. Paragraph 3 This is; copy (certificate) recognition certificate, category, scope of recognition.

What? 7. The specified procedure

1. During the ten (10) days of work, since the date of the filing, the Ministry of Commerce conducted the conduct of the filing. In case of a modified request, the plugin must have a text message for the filing unit to complete the specified profile.

2. For the basis of registration testing that does not belong to the specified object at Point 3 Article 6 This message:

a) During the fifteen (15) days of work, since the date of the receiving of valid dosages, the Ministry of Industry decided to establish the conditional assessment and capacity assessment of the test registry facility. The decision to form a review party must specify the scope, assessment content, list, and assignment of each member's responsibility for evaluation at the test testing facility;

b) The basis for examination of the test registration facility includes members with specialized knowledge of the field of food safety, analysis, testing, and experience assessment experience;

c) The case does not require a revised requirement, supplematuation is required by regulation at Article 8. During the time of the year (05) working day, since the end of evaluation at the facility, the assessment party must submit a conclusion to the Ministry of Commerce under the Periodic Review of the specified test-testing basis at Annex V issued by this Information.

d) During the fifteen (15) days of work, since receiving a conclusion at the request of the Ministry of Commerce assessment is responsible for consideration and decision making the designation of a test-testing basis (the specified designation specified in Appendix VI). This is a private practice. In the absence of a request, the Ministry of Commerce must have a written notice of the reason not only for the registration of the test registry;

In case of a petition of the registration testing facility that specified a test basis for a review of the assessment team's conclusions, the Ministry of Commerce could form a consultable council to review the conclusion of the assessment team before signing the designation;

e) The specified extension case: The test-file testing facility is prescribed at Article 10 of this to the Department of Public Appraisal. During the thirty (30) days of work, since the date of receiving enough public records the Labor Department has decided to renew the designation of a test test basis. Case is not available enough, valid Ministry of Industry must have written notice;

g) The case of change, the addition of the scope specified: The audit testing facility filed under the regulation at Article 11 of this Information to the Ministry of Commerce Appraisal. The Ministry of Commerce conducts the procedure specified in accordance with paragraph 1, Point a, b, c, d, clause 2 Article 7 This Information.

3. For the basis of registration testing of regulation at Point 3 Article 6 This message:

a) During the thirty (30) days of work, since the date of receiving sufficient valid records of the Ministry of Commerce will be appraisal of the case. The case of the power profile responds by regulation at Article 4, Article 5 of this Information Department makes the decision to specify a test-testing basis that is accompanied by the category of test/trial indicators.

Case case is not required, the Ministry of Commerce must have a written notice stating that the reason is not specified for a test-testing basis.

b) In case the case appraisal results have not yet sufficient the analytical capacity conclusion, the test-testing of the response base under regulation at Article 5, the Ministry of Commerce will form the assessment team to conduct test capacity assessment at the test facility. The test is prescribed in Article 8 of this message.

c) The specified extension case: The audit testing facility filed under the regulation at Article 10 of this to the Department of Public Appraisal. During the thirty (30) days of work, since the date of receiving enough public records the Labor Department has decided to renew the designation of a test test basis. Case is not available enough, valid Text-to-text Contracting Workers for a specified extension registration test basis;

d) The case of change, the addition of the specified scope: The audit testing facility filed under the regulation at Article 11 of this Notice to the Ministry of Commerce Appraisal. The Ministry of Commerce conducts the procedure specified by the stipulation at paragraph 1, Point a, b, Clause 3 Articles 7 This.

4. The validity period of the designated decision is three (03) years from the date of the issue.

What? 8. Evaluation of test testing facility

The steps that conduct the assessment are as follows:

1. Evaluation of compliance, the appropriate compliance of the test-testing basis for the regulation requirement at Article 4 and Article 5 of this Information;

2. Set up the basis of assessing the basis of testing under the prescribed pattern at Annex VII attached to this message;

3. The conclusion of the assessment of the Annex V ears issued with this message. In case of a remediation to fully meet the provisions at Article 4 and Article 5 of the test registration facility testing the Ministry of Industry examination will consider the actual evaluation trade to be reassessed at the facility.

What? 9. Level the number of test testing facilities

1. The Ministry of Industry is responsible for granting and managing the code for the designated test-testing facilities to monitor the operation process and periodically reassess, evaluate the expansion.

2. The test-testing facility will receive the number code in the first specified decision, which will maintain over the duration of the validity of the decision to specify a test basis.

3. The number of test-testing base codes is as follows:

(serial number)/(junior year) /BCT-KNKCTP

Example:

001 /2014/BCT-KNKCTP

4. The way to write the number of test databases:

a) The number of test databases is presented with a flower print, the New Roman font size 16, the vertical, bold. In it, the order number of the test base number is three (03) digits.

b) The base number of the test testing is printed in the upper hand side of the check results test results. On the results of the test results required to specify the specified indicators of the test testing facility.

What? 10. renew registration records specify a test test basis.

Prior to the decision to specify a 20 (60) effective test-testing facility, the basis for examination testing of one (01) of the application case was specified for the Ministry of Commerce. The profile consists of:

1. The extension register specifies the basis of a prescribed audit testing facility at Annex I issued with this Information;

2. Results of the interroom comparison, proficiency testing for the designation/designation for registration of the designation specified by the state governing body, or from the provider to proficiency testing providers, the result must be valid for 3 years (including the time). The extension, please.

3. Report the results of the test test work in the time specified by the prescribed pattern at Annex IV issued by this message.

What? 11. The registration records change, the scope of the scope to specify a test test.

1. The test-testing facility has been specified when there is a change, the scope of the scope of the specified scope must make the registration change, the addition of the Department of Commerce.

2. The registration profile changes, adding the scope of the specified range:

a) The application of the change, the addition of the basis for the testing under the prescribed form at Annex I issued with this message;

b) The results of the results of the test test work in the time specified by the prescribed pattern at Appendix IV attached to this message;

c) The copy of the decision to specify the basis of a food testing facility serving the state management of the authority of the competent authority;

d) Document, technical records, and analysis processes associated with the registration/registration test specifies the test test (document that stamped the hybrid of the designated registration test facility);

List, main device site records, response infrastructure requirements are required for change, supplemability (suitable content reporting capacity reporting facility operating facility in accordance with the specified Appendix II Appendix II);

Chapter IV

CHECK, MONITOR THE FOLLOWING MONITORING FACILITY.

What? 12. Check method, monitor

1. Check, monitor periodically: One (01) time/one (01) year.

2. Check out, monitor the sudden when there is a request from the Ministry of Commerce in case the basis of a test test facility is lodged, denouncing, disputes over the test-testing operation.

What? 13. Check, monitor operations

Applies to test-testing facilities designated with frequency one (01) time/one (01) years. Inspection, operational monitoring includes the following forms:

1. Preliminary review through the activity report provided by the basis of a deposit test basis in accordance with the regulation (six (06) months and annually).

2. Examine monitoring operations at the facility:

The Ministry of Commerce will announce prior to the execution of the fifteen (15) days for the Testing Control Facility on the operational supervision inspection plan at the facility. The Ministry of Commerce decided to establish an inspection team to carry out the following tasks:

a) Evaluation of the retention of compliance and suitability of the management system; the competence of the test-testing facility under Article 5 of this Information;

b) Process testing execution of the trials specified under the registered method. The method must meet the requirements of the respective Technical Standards or the current regulation;

c) Check out the compliance of the document system, process, regulation in the test test;

d) Check the profile of the test test process;

) Report the results of the sample monitoring results in Annex VIII issued by this message;

e) The monitoring team results in the recovery and reports of the Ministry of Commerce. Based on the results of the recovery, the Ministry of Commerce will conduct a practical examination at the test-testing facility in case of need.

What? 14.

1. As long as the monitoring of the monitoring of the regulatory test is specified at Point 3 Article 6 fulfills the full provisions at Article 4, Article 5 of this Information.

2. The test-proof testing facility requires the ear 1 Article 1 clause filing a (01) case set recommended for a monitoring of the Department of Commerce. Profile:

a) The work is recommended for immunity;

b) The monitoring of the oversight body of the national standard recognition agency TCVN ISO/IEC 17025: 2007 or ISO/IEC International Standard 17025:2005 (within twelve (12) months from filing date);

c) The results report works within twelve (12) months from the filing date, which specifies the result of self-assessment of the analysis capacity of the test testing facility.

3. During the period of no more than five (05) of working days, since the date of the receiving of valid files, the Ministry of Industry is examining the case and answers the results by text to the test-testing basis.

4. Every year, the test facilities that are exempt from checkup are regulated at Clause 1 This is still subject to inspection, surveillance of the Department of Commerce.

What? 15. Check out test results, monitor

The base of test results, monitoring; the extent of violation of the provisions of this Information, in the period of no more than five (05) of the inspection date, the monitoring of the proposed text with the following Office of the Ministry of Public Affairs handled the following:

1. Request to rectify and submit a remediation report on the Ministry of Commerce.

2. Suspend the implementation of the Decision Decision. After the examination facility completed and reported the recovery at the request of the inspection team, the Ministry of Industry reviewed the decision to restore the designation.

3. recall, cancel the Decision specified when the basis of one of the following cases: dissolved; no longer active within the range has been specified; the deadline is too limited; the violations are not remedied.

What? 16. Compare

1. The interroom comparison organization must meet the requirements of the ISO/IEC 17043:2010 International Standard.

2. On the basis of the capacity of the eligible interroom comparison unit, the Ministry of Commerce designated the unit to conduct the association comparison organization, comparing the object.

Chapter V.

THE RESPONSIBILITY OF THE GOVERNING BODY AND THE TEST TESTING FACILITY

What? 17. The responsibility of the state regulator

1. The execution of the specified subscription record, the specified subscription extension, the additional change registration; the assessment organization, the audit testing facility.

2. Check, monitor the designated test test facility.

3. Make sure objectively and fair in performance assessment, designation, inspection, supervision.

4. Secure the information, the data associated with the test-testing facility.

5. Level, suspension, cancellation, recovery, decision recall.

6. Annals the list of designated test testing facilities, suspended, canceled, restored, revoked the specified decision on the site of the Ministry of Commerce information.

7. The organization of the examination, the resolution of the alleged complaint relating to the basis of examination testing according to the rule of law.

8. Save the test database.

9. Thu, use fees, rate of evaluation, designation, monitoring the basis of examination of the test for execution in accordance with the provisions of the law of fees and fees.

What? 18. The responsibility of the test facility

1. Make a periodic report, the return to the Ministry of Commerce:

a) A periodic report: The report operates six (06) months prior to July 10 and report the year before December 30 each year (according to the template at Annex IV issued by this message).

b) Breakthrough Report: At the request of the Ministry of Industry.

2. The case of a test-testing facility was designated as a change in the legal status or address of the underlying basis that the content changed. The report when there is a change in relation to the scope of the test operation specified, in the period of no more than thirty (30) days from the date of the change. The changing content must report to include:

a) the legal way;

b) organizational structure and leadership;

c) Policy and procedure;

d) Address, phone, Fax, E-mail;

Personnel, key cadres, equipment, facilities, work environments, or other resources (if any) impact the management system;

e) The remedied measures are required by the prescribed pattern at Annex IX issued by this message.

3. In addition to meeting the regulations at paragraph 1, Clause 2 This, the test testing facility also must perform the following content:

a) Under the examination, the monitoring of the examination of the inspection test of the inspection corps when required by the Ministry of the Ministry of Commerce;

b) Create favourable conditions for the assessment team during evaluation at the test-testing basis;

c) Nblisters, the fee for evaluation, designation, monitoring of the facility operation test-testing practices according to the law of fees and fees.

4. Implemfication of other obligations stipulated at Article 20 of the Quality of Commodity Products.

Chapter VI

EXECUTION CLAUSE

What? 19.

This announcement came into effect on 1 March 2014.

What? 20. The organization performs

The Ministry of Public Affairs of Science and Technology is responsible for the organization's implementation, inspection, supervision, and guidance.

In the course of the implementation, the organization, the individual needs to promptly reflect on the Ministry of Commerce to study, solve.

KT. MINISTER.
Chief.

(signed)

Xiao Tú