Advanced Search

Circular 29/2012/tt-Bct: Regulations, Revocation Of The Certificate Of The Eligible Basis Of Food Safety Are The Responsibility Of Management Of The Ministry Of Industry And Trade

Original Language Title: Thông tư 29/2012/TT-BCT: Quy định cấp, thu hồi Giấy chứng nhận cơ sở đủ điều kiện an toàn thực phẩm thuộc trách nhiệm quản lý của Bộ Công Thương

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
MINISTRY OF COMMERCE
Number: 29 /2012/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 5, 2012

IT ' S SMART
Level Regulation, revoking the Certificate of Qualified Food Safety
It ' s the responsibility of the Ministry of Commerce.
_____________________________
Base of Protocol 189 /2007/NĐ-CP December 27, 2007 of the Government stipulated the function, mandate, authority and organizational structure of the Ministry of Commerce;
Base of Protocol 44 /2011/NĐ-CP June 14, 2011 by the Government amended, the addition of article 3 Protocol 189 /2007/NĐ-CP December 27, 2007 of the Government Regulation, the mandate, the powers and the organizational structure of the Ministry of Commerce;
Food Safety Law Base 55 /2010/QH12 June 17, 2010;
The base of the decree. 38 /2012/NĐ-CP April 25, 2012 of the Government Regulation details the implementation of some of the provisions of the Food Safety Law;
The Minister of Labor Department of Commerce issued a grant, revoking the Certificate of Qualified Food Safety of the Ministry of Commerce as follows:
This is the provision of a Certificate of Certificate (later called a Profile), procedure, jurisdiction, revoking the Certificate of Adequate Food Safety (later called a Certificate of Certification) for the organization, individual manufacturing, business (later). This is the basis for alcohol, beer, soft drinks, processed milk, vegetable oil, processed products and starch, cakes, jam, candy; tools, packaging materials, food packaging, food, and food products.
1. This information applies to manufacturing facilities, food products business; tools, packaging materials, which contain foods that are in charge of the Ministry of Public's management unless the case is regulated at paragraph 2 of this Article.
2. The subjects do not have to issue a Certificate of Certificates:
a) Small initial production: The basis of only 2 workers returned directly to the production;
b) Small food business: The facility has only 02 employees returning to business directly;
c)
d) The available packaging food business does not require special preservation conditions under the regulation.
Certificate issued for 1 1 volume (2 sets), including:
1. The application to grant a Certificate in Certificate of Food Safety by Annex 1 issued by the Ministry of Information;
2. The copy of the Certificate of Business Registration or Investment Certificate has a career in manufacturing, food business;
3. The theory of facilities, equipment, equipment, food safety conditions under Annex 2 or Annex 3 issued by the Ministry of Information;
4. The main version or copy of the Certificate Certificate has been trained on the safety of the food hygiene of the facility owner, who directly produces, business or list of cadres of the direct basis of production, business due to the competent authority to be produced. The Ministry Of Commerce is prescribed by regulations;
5. The main copy or copy of the Certificate of Confirmation Certificate of the facility owner and the direct producer, business or list of cadres of the direct basis of production, business run by the county-level health agency/district to the prescribed rank.
1. Continue and specify the validity of the profile
During the period 05 (year) day of work since the date of the reception, the authority with the authority specified in Article 8 of this Information is responsible for organizing the validity of the validity of the certificate of the certification by the prescribed basis; case case. valid, the authority with the authority must have the text of the message and ask for the base to add the case; the wait time for the filing of the premises does not count during the time of the case appraisal.
2. Members of the jury
a) After having received enough valid records, within 15 (fifteen) days of work, the competent authority will organize the appraisal of records and actual examination at the facility.
b) The case appraisal and actual examination at the facility issued by the competent authorities or the authorized body issued by the authorized authorities of between 3 and 05 members, including at least two-thirds of the members are working as a worker. Food safety experts, food safety inspectors (can invite professionals from outside to fit the appraisal team).
3. Basic appraisal
Check the legal information and appraisal of the certificate application file with the root profile at the specified basis.
The conditions ensure food safety by regulation.
4. Basic appraisal results
a) The results of the appraisal must be specified "Reach" or "Do not reach" on the Periodic Boundary of food conditions on the basis of food production by Appendix 4 or the Periodic Boundary of food safety conditions on the basis of food business by Annex The 5 issued by this message and in accordance with the production registration type, the business of the facility.
b) The "Do not reach" case must specify the reason and the reappraisal deadline (maximum is 3 months). After having recuperated at the request of the appraisal of the appraisal in the appraisal, the facility must submit a remediation report according to Annex 6 issued by this Information on the authority of the authority to hold the reappraisal in accordance with paragraph 1. This, if the reappraisal result is still not reached, the Circuit Court of Appraisal and proposes to the competent authority does not grant the Certificate of Certificate of sufficient food safety or suspension of the operation of the facility in the case of the application.
The appraisal is set up to 2 equally valid copies, the Circuit Court which holds 1 copies and the base holder of 1.
1. Level Certificate
a) Within the 5 working days since the results of the "Reach" appraisal results, the Authority has the authority to issue a Certificate for the Facility by Appendix 7 or Annex 8 issued by this message;
b) The Certificate Level Certificate is stored at the facility and the authority with the authority to grant the certificate, including:
-File to grant certificate: The original to the facility; the copy of the copy of the body has the authority to grant the certificate;
-The decision to establish a proxy and authorship committee (in the case of the jurisdiction of the appraisal);
-Editorial appraisal of the appraisal with the "Reach" conclusion;
-Certificate of qualified food safety.
2. Level the Certificate
a) Before 6 months (as of the date of the Expiration Certificate), in the case of continuing production, business, the facility must submit a petition according to Annex 9 issued by the Information. The filing and procedure for the grant of the Certificate of Implementation are specified in accordance with Articles 3, 4 and 5 of this Information.
b) The case of certificates issued but lost, lost or corrupted, the manufacturing facility, the food business must have a proposed text to the Certificate of Qualified Food Safety according to Annex 9 issued by Information sent to the facility. The judge granted the certificate to be reviewed. In the period 05 (year) day of work since the date of receiving a valid proposal text, the filing base, the competent authority granted the Certificate of Consideration and the grant of the Certificate to the premises, the case of rejection of the grant, must have a written notice. The reason.
3. Certificate in effect in time 03 (three) years.
1. The basis of registration of the Certificate certification is responsible for the charge of the execution of the appraisal and the issue of the Certificate of Certificate in accordance with the law of fees and fees.
2. The management of the fee, the inspection fee is carried out according to the state ' s current regulation.
1. Level certification for the production facility, food processing:
a) The Ministry of Public Health certification for the production facilities of food products with a design capacity:
Wine: From 3,000,000 liters of product/year upward;
-Beer: From 50,000,000 liters of product/year forward;
Water of thirst: From 20,000,000 liters of product/year forward;
-Milk processed: 20,000 liters of product/year forward;
-The food oil: 50,000 tons of product per year.
-Candy pie: From 20,000 tons of product/year forward;
-The flour and the starch.
-The tools, the packaging materials, contain the products above.
b) The provincial department of the provinces, the central city of the Central District (later known as the provincial level) issued a certificate granting it to:
-The facilities that produce food products of the Ministry of Industry's management within the province/city range have a lower design capacity than the manufacturing facilities that have the specified design capacity at the point of one Article.
2. Level certification for the food business facility:
a) The Ministry of Public Affairs Department of Certificates Certification For Business-owned business-producing food-making and manufactured goods by regulation at the point of a 1 This Article; the food business facility of merchant business trader or dealer. Trading on the site from 2 (two) provinces, the central city becomes central.
b) The department of provincial merchants, cities issued certificates to the food business facility of wholesale business traders or wholesalers on site 01 (one) province, central city city, and food retail facilities on the site. The city, the city; the business facilities of the merchants produce scale, the item and the manufacturing site by regulation at point b, paragraph 1 This.
1. The recovery cases
The manufacturing facility, the food business is revoked certificates in the following case:
a) Not working as a registered food business.
b) The decision of the state agency has the authority to convert the business profession at an old facility.
c) Viscount the use of a certificate in accordance with the provisions of the law of administrative violation in the field of food safety.
2. Authority revoking certificates
a) What authority has the authority to grant the certificate, the agency has the right to revoking the certificate.
b) The upper-level authority authority has the right to examine, inspect, and revoking the certificate obtained by the state agency with a subordinate jurisdiction if the basis of a serious breach of the food safety regulations.
The authorities have the authority to grant the prescribed certificate in Article 7 of responsibility:
1. Level Certificate certification is eligible for food safety on the premises specified at Article 2 of this Information in accordance with the regulation.
2. Save the Certificate of Prescribed Certificate.
3. Coordinate with the agencies involved in the inspection, which checks when a complaint is filed, denouncing, or signs of violating regulations on sanitary conditions, food safety by law.
1. Register the Certificate of Certification in accordance with the procedure, the procedure specified in this Information.
2. Create all favorable conditions for the appraisal of the appraisal at the facility.
3. Save the Certificate of Prescribed Certificate.
4. Nlisters and fees for the appraisal and granting of the Certificate in accordance with the law of fees and fees.
1. Ministry of Commerce:
a) The Science and Technology case that leads the case reception, the organization ' s validity appraisal organization, the Ministry of Commerce review review to grant certificates to the production facility, processing food products that have a prescribed design scale at the point of a single-year. This is a Article 7 of this Information and organizes the direction that is done in the country.
b) The domestic market case as a case receper, the valid provincial appraisal of the case, the Minister of Commerce considers to grant certificates to the regulatory food facility at the point a 2 Article 7 of this Information;
2. The Department of Public Works Guide This Information within the province, the city.
1. This message has been in effect since November 19, 2012.
2. During the execution, if there is an entangrium, it is necessary to reflect on the Ministry of Commerce for consideration, resolve.

KT. MINISTER.
Chief.

(signed)

Xiao Tú