Circular 3/vbhn-Bnnptnt: A Guide To Food Safety Inspection Of Goods Imported Plant Origin

Original Language Title: Thông tư 03/VBHN-BNNPTNT: Hướng dẫn việc kiểm tra an toàn thực phẩm hàng hóa có nguồn gốc thực vật nhập khẩu

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AGRICULTURE AND RURAL DEVELOPMENT
Number: 03 /VBHN-BNPTNT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Central, December 19, 2013

IT ' S SMART

Guidelines for the safety of food safety

It ' s a source of imported plants.

_________________

Digital 13 /2011/TT-BNPTNT 16 March 2011 guidelines for the safety of food safety inspections of imported plant origin by the Ministry of Agriculture and Rural Development, which has been in effect since 1 July 2011, modified, supplemated by:

Digital 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Number 13 /2011/TT-BNNPTNT on 16 March 2011 guidelines for the safety of food safety inspections of the imported plant origin of the Ministry of Agriculture. Rural and rural development, effective July 1, 2013.

Base of Protocol 01 /2008/NĐ-CP 03 January 2008 of the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Agriculture and Rural Development; United States Digital Protocol. 75 /2009/NĐ-CP October 10, 2009 the Government amended Article 3 Protocol 01 /2008/NĐ-CP January 3, 2008 of the Government;

Food Safety Law Base 55 /2010/QH12 published by the National Assembly on June 17, 2010;

Base of Protocol 79 /2008/NĐ-CP July 18, 2008 of the Government Regulation System Management System , food safety inspectors and tests,

The Ministry of Agriculture and Rural Development guidelines for the safety of food safety inspections of imported plant origin as follows: [1] :

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information rules the sequence, procedure, food safety inspection content (ATTP) for goods derived from food-based plants (later called goods) imported into Vietnam within the management range of the Ministry of Agriculture and Development. The countryside; the responsibility and authority of the stakeholders;

2 [2] . The goods are in the regulatory range of this Smart by regulation at paragraph 3, Article 14 and paragraph 3, Article 21 of the Digital Protocol 38 /2012/NĐ-CP April 25, 2012 of the Government rules the details of some of the provisions of the Food Safety Law (later called the Digital Protocol). 38 /2012/NĐ-CP ) and the manual text implementation of the Digital Protocol 38 /2012/NĐ-CP.

3. This message does not regulate the content, regulation associated with plant-control activity;

What? 2. Subject applies

It applies to organizations, domestic and foreign individuals whose activities are related to the production of imported goods business into Vietnam under the management range of the Ministry of Agriculture and Rural Development.

What? 3. Import goods are not part of the ATTP check

1. Goods carrying people for personal consumption in the rating are exempt from import tax;

2. Goods in the diplomatic bag, consugt pocket;

3. Process goods, transfer;

4. Goods sent to the external warehouse;

5. The merchandise is the prototype, the study.

6 [3] .Goods is the exhibition of fairs, exhibitions.

What? 4. Explain the word

In this Information, the following terms are understood as follows:

1. Import shipment: As the amount of imported goods checked once;

2. Lot: As the amount of goods of the same type, of the same production facility registered once;

3. Serious breach of ATTP regulation : The goods were found to contain the effects of health harm, human life;

4. The frequency of batch sampling : It is the number of test samples for the import check shipments.

What? 5. Requirements for imported goods

1. Goods imported into Vietnam must meet the following requirements:

a [4] ) Manufacturing in the country was recognized by the authorities of Vietnam to fully meet the requirements for the protection of the ATTP goods under the Vietnamese regulations, except for imported goods used as a macho, processed for export;

b [5] ) Package or contain in the appropriate means; labeling under the rules of the current law on the labeling of goods.

c) The audit and certification of ATTP by regulation at Chapter III of this Information.

2. Import goods contain components of genetic variation, or radiated, or produced in new technology:

a) responding to a request for regulation at one Article;

b) There is a free circulation certificate (CFS) provided by the competent authority of the prescribed export country at the International Information Agency. 63 /2010/TT-BNPTNT.

3. Goods (including the prescribed goods at paragraph 2, This Article) has passed the imported packaging mode, before circulation:

a) responding to a request for regulation at paragraph 1, paragraph 2 of this.

b) Register a contract with the authorities of Vietnam under the current regulations.

What? 6. Fig.

1. Check out the shipment: The shipments of imports into Vietnam must be tested for information about the origin of the origin, the external examination (packaging, labeling). The order, the procedure for checking ATTP shipments is specified in Chapter III of this message.

2. Checkout in the exporting country: The practical examination of the food safety control system and ATTP guarantee in the process of producing the goods of exporting water. This form is considered applicable in the case of export water discovery that there are many manufacturing facilities that have a serious breach of the size of the ATTP (from three production facilities per year or more).

3. The ATTP only must test its base on the manufacturer ' s regulatory compliance history, the importer; the actual situation of the risk of food safety from the place of production, water production; the actual situation of shipments and the accompanying profile; at the same time. based on the ATTP Index and the maximum limit allowed under the current regulation of Vietnam.

What? 7. Test base

1. Regulations, Standards, Technical Regulation of Vietnam, International Regulation of ATTP.

2. The case of Vietnam ' s signing of the Agreement, the bilateral agreement on ATTP with export water is subject to the international treaties that Vietnam has signed.

What? 8. The Agency for inspection, surveillance

1. The inspection agency at the store or location: The units of the Food Protection Bureau or authorized by the Bureau of Vegetation Protection.

2. The monitoring of the monitoring of goods traffic on the market: The units of the Agriculture and Rural Development Department are assigned to the task.

3. The ATTP inspection agency in the exporting country: the Department of Food and Agriculture Quality Management, in coordination with the Department of Food Protection and related agencies.

What? 9. Charge, fee, and budget deployment, surveillance on ATTP.

1. Check out the toll, charge by the current Regulation of the Ministry of Finance.

2. The budget for inspection in the export country due to the state budget. The Food and Agricultural Quality Administration is responsible for the maintenance, in coordination with the Bureau of Food Protection, which provides for inspection in the country of approved authorship export.

3. The business of monitoring of the monitoring of goods products in the market due to the state budget in the framework of the monitoring program is regulated at No. 05 /2010/TT-BNPTNT January 22, 2010 of the Ministry of Agriculture and Rural Development guidelines for the inspection, monitoring of the safety of agricultural food products before the introduction of a market or from other legal sources of funding.

Chapter II

REGISTER FOR EXPORT AND INSPECTION IN EXPORT WATER

What? 10. Water registration records

The agency with an authority on ATTP for goods derived from the plant ' s plant origin (later called the Export Authority of the exporting country) sent the registration records in English or Vietnamese on the Department of Food and Fisheries Administration of Agriculture and Fisheries. [6] :

1. Information on the management and capacity system of the authority of the exporting country of the export of ATTP under the prescribed pattern at Annex 2 issued by this Information;

2. Catalogue of the Food Protection Drug, the Fertility Regulator, the precurative use in manufacturing, the commodities business according to the prescribed pattern at Annex 3 issued by this Information;

3. The annual up-to-date ATTP monitoring program is exported to goods in the manufacturing process, domestic business and export.

What? 11. Registration Profile

In the 30-day period of work since receiving full registration records listed at Article 10, the Department of Food and Agriculture Quality Management, in coordination with the Department of Food Protection, performs the investigation and announces the results to the state jurisdiction. Export results.

What? 12. Check out the export water

1. The Department of Food and Agriculture Quality Management, in collaboration with the Bureau of Vegetation Protection planning; inform and co-ordinate with the Export Authority of the exporting country carrying out ATTP control system testing and ATTP guarantee conditions. of the production facility exported to Vietnam.

2. During the 30-day period of work since the end of the inspection in the export water, the Department of Agricultural Quality Management and Fisheries presided over, in coordination with the Food Protection Bureau handling the test results and the publication of the test results report. The report states that the specific reason the cases have not yet been allowed to export goods into Vietnam if the test results have not yet fulfilled the required requirements.

Chapter III

THE ORDER, THE PROCEDURE FOR SAFE FOOD SAFETY CHECKS

What? 13. Test Content

1. Check the profile;

2. Foreign inspection;

3. Check out the ATTP instructions in accordance with Article 3 Article 6 of this Information.

What? 14. Test method, sample

Imported goods must be samed at the site due to the decision-checking agency (at the store, where the set is located or in the repository). The method of testing, sampling is applied as follows:

1. The usual check: Make a maximum frequency test batch testing sample to 10% depending on the level of the risk of the goods. This frequency is applied to each entry point. The sampling of the test was made any of the number of imported shipments. The inspection shipment is allowed to make the information procedure not waiting for the ATTP-only test results.

2. Test tight: Make a 30% frequency test batch test sample when detected 1 (a) the previous check shipment severely violated the ATTP regulation; the frequency of 100% when detected 2 (two) consecutive check shipments before the breach. It's serious about ATTP. In these cases, the owner must be self-preservation of the goods (at the store, where the set is located or the repository) and is only informed when there is a certificate of ATTP issued by the agency or approved by the agency.

The case test case 02 (two) consecutive test shipment has a required results that will apply the normal test method.

3 [7] . Checklist: Apply by regulation at paragraph 2, Article 39 of the Food Safety Law and Article 15 Digital Protocol 38 /2012/NĐ-CP The test method, sampling the test shipment test, is on the international wish that Vietnam has signed or engaged in mutual recognition for food safety certification.

What? 15. Register Test

The owner performs a checkup on ATTP (specified in Appendix 4) with an inspection body at the store for at least 24 hours before the arrival of the store.

What? 16. Check procedures

1. Profile: The test agency considers the registration records (origin of origin, history adhering to the ATTP regulations of the production facility) and confirmed registration of the test in the round 1 (a) day of work since receiving full registration records;

2. Foreign examination: The inspection agency performs a shipment of shipment status, packaging, labeling when goods to the store;

3. Take the test template: The test agency performs the test sample of ATTP only at the registered location. The method of inspection, sampling by regulation at Article 14 of this Information.

4. Set up the checklist and sample (as specified in Appendix 5).

What? 17. Process test results

1. The ATTP test certificate (prescribed in appendix 6) for the following cases:

a) The shipment is applying the conventional test method or shipment that is applying a tight test method (case not sampling testing), which has the results of the case check and examination of the requested external examination in the time of no more than 01 (a) date. I mean, since the shipment came to the store,

b) The shipment is applying a tight test form (the case with a test sample) and has a case test results, external examination and pattern testing to be specified in accordance with the specified time period (one) after the results of the analysis. The requirements of the specified test room are specified.

2. The shipment notification does not reach the ATTP requirement (prescribed in Annex 7) for the case of a shipment that results in an unrequired test results in the time of not too than 1 (one) working days after the test results.

3. Time from sampling, sampling, testing and answering a maximum result no more than 10 working days.

What? 18. The monitoring content oversees imports of goods on the market.

1. Check out the export shipment root source information;

2. Check out the preservation conditions, packaging, labels (if any) of the goods circulating in the market;

3. Take a sample of the order sent by the designated test agency ATTP when there is an indication of violation or when there is suspicion of food safety or when required by the authorities of the state authorities.

Chapter IV

THE VIOLATION OF FOOD SAFETY REGULATIONS

What? 19. For imported shipments

1. Notice to the authorities on the ATTP of the export country offering to coordinate the investigation of the cause and give the remedied measures.

2. Notice and coordinate with the functional bodies in the country involved in handling and monitoring the process of violating the breach in accordance with the rule of law.

What? 20. For the production facility

1. temporarily suspend the import of goods into Vietnam for production facilities if violating one of the following cases:

a) There are from 03 (three) of the test shipment within 6 months of serious breach of regulation of ATTP;

b) The specified test results at Article 12 show that the facility has not fully met the requirements of the ATTP pursuits.

2. The production facility is allowed to export back into Vietnam if the export water authority authority has the right to confirm the Facility has applied the appropriate error remedied measures, which meet the stipulated ATTP guarantee.

What? 21. For export water

1. A temporary suspension of imports of goods from the export water in the case of the prescribed test results at Article 12 indicates that the ATTP control system of the exporting country has yet to fully respond to the prescribed requirements;

2. Only exported back to the goods in Vietnam when the results of the monitoring test later showed that the Agency for the Authority of the exporting country gave the ATTP control measure fully required by regulation.

Chapter V.

LIABILITY AND PERMISSIONS

What? 22. The responsibility of the inspection agency

1. Identification of the checkup registration, execute the test; the ATTP test certificate; or the ATTP-based checkup notification for the imported goods prescribed in Chapter III of this Information;

2. accurate, objective and honest notice; strictly adhering to the inspection process, sampling the prescribed goods product to the inspection when required;

3. Coordinate with the Customs Agency for the import of imported goods, process and monitor the process of handling cases of regulatory violations on ATTP;

4. Implementers the export of unsecured shipments of ATTP;

5. Cost, charge by regulation.

What? 23. The authority of the inspection agency

1. Request the owner to provide documents, related records for the service of the test work;

2. Progress test, take the sample of imported goods in accordance with the method and procedure procedure specified in this Information;

3. Decision to process and oversee the handling of shipments that do not require import requirements.

What? 24. The responsibility of the import owner

1. Make a checklist of ATTP pursuits to Article 15 of this Information;

2. Create a condition for the officer ' s staff to perform an inspection mission, take the test sample and monitor the goods according to the regulation;

3. Provide full profile, related specimens for the service of the test work, retrieve the source;

4. Accept the decision to process the administrative breach and bear the oversight of the competent Authority;

5. Blisters and fees for inspection, testing under the current Regulation of the Ministry of Finance and payment of actual expenses in the processing of the unreached shipment of ATTP;

6. Self-responsibility for the preservation of the goods that has been checked during the pending conclusion of the test for a tight examination or pending decision of the authorities ' handling of the jurisdiction over the case of the shipment has concluded an unchecked test. to enter a request for import.

What? 25. The powers of the import owner

1. Being offered the test agency to review the test results or request for re-examination;

2. Be entitled to complain, denounce and resolve the complaint, denouncing the rule of law on the complaint, denouncing.

What? 26.

1. Implementuation of the ATTP test in the export water after the Ministry of Agriculture and Rural Development issued a decision to establish a test crew;

2. Coordinate with the Jurisdiction Authority of the exporting country deploying the test content;

3. Report the test results with the Ministry of Agriculture and Rural Development in the 15-day period since the end of the inspection in export water;

4. Notice the results of the inspection with the Authority of the exporting country by regulation at Article 12 of this Information.

Chapter VI

THE ORGANIZATION.

What? 27. Agricultural and Fisheries Quality Management

1. Take on the registration of the export of goods exported to Vietnam from the Authority of the exporting country; exchange of information, inform the inspection plan (when necessary) with the export Water Authority Authority and the Board of the Board to decide to form the inspection team. I'm going to have to do it.

2. Host, in collaboration with the Food Protection Bureau:

a) The implementation of the list of countries is allowed to export goods into Vietnam; temporary countries are suspended exports to Vietnam; temporary production facilities are suspended from exporting goods into Vietnam; notification of strictest inspection. for the country ' s goods to severely violate regulations on ATTP; informed the Water Authority of the Water Authority to export the ATTP unsecured shipment and offer coordination of the cause and issue of remedied measures;

b) Implemfication of the ATTP control system and the ATTP guarantee of the production facility in the exporting country;

c) The retrieval of the ATTP unsecured import shipment root resource.

3. Every year, or the groundbreaking (when required), report the Ministry of Agriculture and Rural Development on the ATTP test situation for imported goods;

4 [8] . Every year, the construction of planning, accounting and budget decisions (due to the state budget) for the implementation of the ATTP test for export water and the goods imported goods to the content is not harvested, the fee, the general general, is expected. accounting, the annual decision of the Ministry of Agriculture and Rural Development by regulation at the Budget Law and existing manual text.

What? 28.

1. Directed and monitor the units directly or authorized:

a) Perform the ATTP test and certification process, or inform the cases where the import shipment does not reach ATTP requirements;

b) The notification method is tightly checked for shipments from the basis of a serious breach of the regulations on ATTP;

c) Coordinated with the authorities handling the ATTP-guarantee shipments and monitoring the execution process.

2. Coordinate with the Department of Agricultural Quality Management and Fisheries implementing regulatory activities at paragraph 2, Article 27 of this Information;

3. Guide units to the Department of Agriculture and Rural Development tasked with testing, monitoring ATTP cargo imports on the market;

4. Annual, or groundbreaking (when required), report of the APTP inspection of goods imported to the Ministry of Agriculture and Rural Development (through the Department of Agricultural Quality Management and Fisheries);

5 [9] . Every year, the construction of planning, accounting and funding (due to the state budget) for the implementation of the ATTP test for the goods imported goods on the content is not harvested, the aggregate fee is not available.

In general, the annual decision of the Ministry of Agriculture and Rural Development is prescribed by the Budget Law and the existing guidelines.

What? 29. The Department of Agriculture and Rural Development of the provinces, Central City

1. The direction of the division subordinated by the division performs ATTP monitoring of the goods imported on the site according to the regulation and guidance of the Department of Professional Management;

2. Notice in time with the Department of Food and Fisheries Management, the Department of Food Protection of the Department of Vegetation Imports on the site of the regulation violation of ATTP;

3. Coordinate with the authorities to handle the ATTP-guarantee batches and monitor the execution process;

4. Hundreds of years, or mutations (when required), send a report to the ATTP monitoring test results on the goods of importing goods on the site of the Food Protection Bureau for aggregator reports;

5. Annual construction and budget planning for the implementation of the ATTP monitoring test for imported goods under the authorship allocation of approved authority, level of funding.

Chapter VII.

EXECUTION CLAUSE [10]

What? 30.

This message is valid from the date. July 1, 2011.

What? 31. Modified, repleny

In the course of execution, if there is an entangrium, the units report on the Ministry of Agriculture and Rural Development (through the Department of Agricultural Management of Agriculture and Fisheries, the Food Protection Bureau) for consideration, modification, addition.



[1] Digital 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 of the Ministry of Agriculture and Rural Development guidelines for the safety of food safety checks. has a base of imported plants with a base issued as follows:

" The base of decree 01 /2008/NĐ-CP 03 January 2008 of the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Agriculture and Rural Development; United States Digital Protocol. 75 /2009/NĐ-CP October 10, 2009 the Government amended Article 3 Protocol 01 /2008/NĐ-CP January 3, 2008 of the Government;

Food Safety Law Base 55 /2010/QH12 published by the National Assembly on June 17, 2010;

Base of Protocol 38 /2012/NĐ-CP April 25, 2012 of the Government Regulation details some of the provisions of the Food Safety Law;

At the suggestion of the Chief of the Food and Fisheries Administration, the Bureau of Food Protection,

The Minister of Agriculture and Rural Development issued the revised Notice, adding some of the provisions of the Digital Information. 13 /2011/TT-BNPTNT March 16, 2011 guidelines for the safety of food safety in imported plant origin. "

[2] This paragraph is amended by regulation at paragraph 1, Article 1 of the Digital Information 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 of the Ministry of Agriculture and Rural Development Guide the Commodity Food Safety Inspection. has an imported plant origin, which has been in effect since 1 July 2013.

[3] This paragraph is supplated by regulation at paragraph 2, Article 1 of the Digital Information 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 of the Ministry of Agriculture and Rural Development Guide the Commodity Food Safety Inspection. has a source of imported plants, effective since 1 July 2013.

[4] This point is modified by regulation at paragraph 3, Article 1 of the Digital Information 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 of the Ministry of Agriculture and Rural Development Guide the Commodity Food Safety Inspection. has a source of imported plants, effective since 1 July 2013.

[5] This point is modified by regulation at paragraph 3, Article 1 of the Digital Information 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 of the Ministry of Agriculture and Rural Development Guide the Commodity Food Safety Inspection. has a source of imported plants, effective since 1 July 2013.

[6] This section is modified, supplemated by regulation at paragraph 4, Article 1 of the Digital Information 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 of the Ministry of Agriculture and Rural Development Guide the Commodity Food Safety Inspection. has a source of imported plants, effective since 1 July 2013.

[7] This paragraph is supplemated by paragraph 5, Article 1 of the Digital Information 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 of the Ministry of Agriculture and Rural Development Guide the Commodity Food Safety Inspection. has a source of imported plants, effective since 1 July 2013.

[8] This paragraph is modified by regulation at paragraph 6, Article 1 of the Digital Information 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 of the Ministry of Agriculture and Rural Development Guide the Commodity Food Safety Inspection. has a source of imported plants, effective since 1 July 2013.

[9] This paragraph is amended by regulation at paragraph 7, Article 1 of the Digital Information 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 of the Ministry of Agriculture and Rural Development Guide the Commodity Food Safety Inspection. has a source of imported plants, effective since 1 July 2013.

[10] Article 2 and Article 3 of the Digital Information 05 /2013/TT-BNPTNT January 21, 2013, of the Ministry of Agriculture and Rural Development, revised, supplemalizing some of the provisions of the Private No. 13 /2011/TT-BNNPTNT on March 16, 2011 Guidelines for the Safety of Food Safety inspection of the imported plant origin of the Ministry of Agriculture. Rural and rural development, effective July 1, 2013, are as follows:

" Article 2. Performance Performance

1. This message has been in effect since July 1, 2013.

2. Repeal the appendix 1 Catalogue of goods within the scope of the issued Issued Parameters 13 /2011/TT-BNPTNT March 16, 2011 of the Ministry of Agriculture and Rural Development.

What? 3. Responsibility for execution

Chief of the Department of the Department, Director of the Department of Food and Agriculture Quality Management, Director of the Department of the Food Protection, the Prime Minister of the Department of the Ministry and the Organization, the relevant individual is responsible for this private practice. "

Minister.

(signed)

German High