CIRCULAR test, quality certification, food safety and fisheries _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of AGRICULTURE and RURAL DEVELOPMENT, pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP on February 10, 2009 by the Government on the amendment of article 3 of the Decree 1/2008/ND-CP;
Food Safety Law bases the number 55/2010/QH12 on June 17, 2010;
Pursuant to the law on quality of goods and products on November 21, 2007 and the Decree 132/2008/ND-CP on December 31, 2008 detailing the Government's implementation of some articles of the law on quality of goods and products;
The Ministry of agriculture and rural development regulation on inspection and quality certification, food safety and fisheries as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. This circular regulates the order and procedures of inspection and certification of production and business establishments qualified aquatic food safety; test, quality certification, food safety (hereinafter referred to as the CL, FOOD SAFETY) for shipment of fisheries and aquaculture products used as food (hereinafter referred to as the shipment); the responsibilities and powers of the Agency inspection, certification (hereinafter referred to as the Agency) and the organizations and individuals involved.
2. The inspection, quality certification, food safety for imports made under Circular No. 25/2009/TT-BNNPTNT on 8/4/2010 Guide to the inspection of food hygiene and safety for goods of animal origin import, circular No. 51/2009/TT-BNNPTNT on 8/9/2010 revised , the addition of some articles of the circular 25/2009/TT-BNNPTNT and circular 06/2009/TT-BNNPTNT.
Article 2. Application object 1. Production facilities, fisheries business has subscribed to business lines in the food business registration certificate under Vietnam's current regulations and fishing vessel main machine capacity from 50 CV above (hereinafter referred to as the base): a) the basis of export products;
b) basis for domestic consumption only products.
2. in an export shipment must check, certified State of CL, FOOD SAFETY according to the rules of Vietnam and the country's imports.
3. With regard to the shipment of export quarantine certificate request according to the current rules, the Agency checks referred to in paragraph 1 article 5 this circular simultaneous checking CL, FOOD SAFETY and quarantine.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. Fishing port is the port used for the fishing vessel, including ports and land water park the boat. The port lands include the Harbour Bridge, factory, warehouse, administrative, logistics, sale, export, import of fishery products.
2. aquaculture: production is the basis of a fixed location make a, some or all of the activities of production, processing, packing, storage to create the food fisheries.
3. seafood business Base: the base is made of one, some or all of the service maintenance, transportation services or trade in seafood.
4. Fair Trading of fisheries products: fixed locations is taking place in the activities of buying and selling seafood and can include acquisition, preliminary activities.
5. seafood manufacturing facility independently is the base has full facilities, equipment make, complete a separate manufacturing process from the receiving of raw materials until the preserved product in one location; having a team of private quality management officer with a minimum of 3 employees to perform quality control, FOOD SAFETY in the production process and at least 1 (one) the staff are competent authorities certification was completed the relevant training of quality management according to HACCP guidelines.
6. independent refrigeration and preserving aquatic products: insulation is composed of one or more rooms, are artificial cooling to provide preservation of frozen seafood products.
7. Traceability: the ability to track, was a unit of the product through each stage of the process of production, processing and distribution.
8. Sample test: is the selection of the sample of unintended and moved to the laboratory appointed to analyze the target of CL, FOOD SAFETY.
9. manufacturing shipments: a number of products are manufactured from one or more batches of raw material has enough information about the source of origin by the same technology, the same production conditions in time not more than 24 hours at a facility.
10. export shipments: is weight are shippers export check to register once for an importer on a means of transport.
11. the original Form: is the amount of product or packaging unit retrieved at a location from the production batch.
12. the General Form: the sample is collected from the original template.
13. the average Form: is the amount of product or packaging units removed from the General sample.
14. Model testing: sample is removed from the model used to analyze the target of CL, FOOD SAFETY.
15. the Save Template: the template is removed from the average sample was preserved in conditions that do not alter the original characteristics of the sample, used to test confronting when necessary.
16. the aquatic food is all species, plants that live in water and amphibians, including eggs and those parts of them used as food or food ingredients which contain mixed fisheries.
17. Group similar seafood is seafood products with the same level of food safety risk, produced by technological processes similar in a facility.
18. noodle seafood is seafood product can use directly for people without special processing required before eating.
Article 4. Grounds for checking, certification 1. Grounds for checking, certification is the rule, Vietnam's technical regulation on conditions ensuring FOOD SAFETY in the manufacturing, trading of fisheries; quality, food safety and fisheries.
2. With regard to the basis of aquatic product export in addition to meet the content specified in paragraph 1 of this article must also meet the requirements under the international treaties to which Vietnam signed or joined and the regulations of the importing country.
Article 5. Inspection bodies 1. The Central Agency is the Bureau of agriculture and forestry product quality management and fisheries and the subdivisions responsible for: a) check and qualified FOOD SAFETY certification for the base specified in point a article 2 paragraph 1 of this circular, including the basis of aquatic products at the same time consumption in the domestic and export markets;
b) check, certified CL, FOOD SAFETY for shipment of fisheries and aquaculture products used as food exports referred to in paragraph 2, paragraph 3 article 2 to this circular.
2. check local authorities: a) provincial: quality management Bureau's products and aquatic products (or specialized agencies by the Department of agriculture and rural development of the province, the city of centrally appointed for the city has not yet established a quality management Department of agriculture forestry and fisheries) is responsible for inspecting and certifying approved FOOD SAFETY facts for the base specified in point b of paragraph 1 article 2 to this circular and in accordance with the hierarchy of the Ministry of agriculture and rural development regulation in circular No. 14/2009/TT-BNNPTNT on 29/3/2011 (hereinafter referred to as the circular 14);
b) district level: is the professional body in the people's committees at district level is responsible for inspection and certification of qualified FOOD SAFETY for manufacturing facilities specified in point b of paragraph 1 article 2 to this circular (except fishing vessel) due to district level certificate of business registration;
c) social: social people's Committee is responsible for inspection and certification of eligibility for the FOOD SAFETY business establishment in point b of paragraph 1 article 2 to this circular by district level certificate of business registration in social areas;
d) base actual conditions, in the case of inspection bodies at district level, the social level is not yet capable of performing the task referred to in point b, point c of paragraph 2 of this article, the provincial agency is the Department of agriculture and rural development, the city assigned responsibility to perform the corresponding tasks assigned to the agency-level test , the level of that Township and handed the task immediately after the testing agencies at district level, the social level implementation capacity.
Article 6. Requirements for checking tablets, head of delegation 1. For check user: a) honestly, objectively, without direct or indirect relations of economic interests with the shippers or owners of production facilities was examined;
b) Have appropriate expertise and certificate completed suitable training course on inspection and certification of FOOD SAFETY, aquatic CL;
c) healthy enough to ensure completion of tasks;
d) Have dedicated brand cards, costumes by regulations when performing the task;
2. for Major Corps: in addition to the requirements mentioned in paragraph 1 of this article must have work experience in the field of inspection.
Article 7. Requirements for equipment and tools serve to check the scene 1. Dedicated, there are signs to distinguish the different instruments.
2. in operating condition and good maintenance; accredited calibration, as prescribed; good hygiene condition, guaranteed not to be the source of infection.
Article 8. Requirements for laboratory The laboratory participate in analysis, testing, tests the norms of CL, for FOOD SAFETY inspection, reviews, ensure FOOD SAFETY condition classification for facilities; check, certified State of CL, FOOD SAFETY with regard to the shipment must be competent agency appointed under the provisions of the Ministry of agriculture and rural development.
Chapter II examination, CERTIFICATION of QUALIFYING FACILITY ENSURE FOOD SAFETY category 1 sequence, procedure, CONTENT and PROCESSING TEST RESULTS, the CERTIFICATE of article 9. Check registration records, certification 1. The base in an issued certificate of qualified FOOD SAFETY facility (hereinafter referred to as certificates of FOOD SAFETY) in the production and trading of fisheries set 01 (a) record the test registration and submit to the Agency the check according to the hierarchy outlined in article 5 of this circular to be check and FOOD SAFETY certification.
2. the registration records check including:
a Paper check register) according to the template outlined in annex 1 attached herewith;
b) certified copies of business registration certificate of the basis (not applicable to fishing vessel);
c) status report on the condition of ensuring food safety of the facility according to the model in Appendix 2 attached to this circular (not applicable to fishing vessel);
d) aggregate Table HACCP plan for groups of similar product test registration (applicable to the premises in an imperative to formulate and implement programs to ensure FOOD SAFETY HACCP principles CL, as stipulated in the national technical regulation QCVN 2-2:2009/BNNPTNT);
3. for the base register test after overcoming wrong error of the previous check, the base only profile includes 1 (one) report results to fix the error in the form outlined in Appendix 3 attached to this circular sent inspection agency.
4. the registration records check is sent to the Agency by one of the forms such as: send, send by mail; or Fax, e-mail, online registration (later the basis of sending Paper check register 01 or the wrong remedy report an error to the Agency, the records of the remaining facilities provided when Delegation check to check).
Article 10. Announced plans to test the 1. Inspection Agency to coordinate with the agency-level business registration certificate and the certification authority register, register of ships fish make the statistics, established the list of establishments in the scope of management according to the assignment, the hierarchy prescribed in clause 1 article 2 to this circular and notice of test plans to the base by using one of the forms submitted online Next, fax, email.
2. for registered establishments to check: a) during 3 (three) working days from the date of the registration records of the test facility inspection, the Agency must consider additional base Guide, the content is missing or not properly regulated;
b) If appropriate, the registration records in time 5 (five) working days, the Agency must inform the basis of the expected time to conduct the test. This time no later than 15 (fifteen) working days from the date of the application.
3. The base case does not make the registration test, inspection agencies still perform the test according to the plan established.
4. With regard to fishing vessel, the Agency examined the exchange of consistent with ship owners to identify the time period and location check the fit with the actual operating conditions of the ship.
Article 11. Form check 1. Check out reviews, Classifieds: form check has reported before, the full test criteria on conditions ensuring FOOD SAFETY of the facility and are applicable to: a) establishments are FOOD SAFETY certification in the production of seafood business, but has not yet been issued;
b) recovered basis certificate of FOOD SAFETY;
c) basis have FOOD SAFETY certificate validity less than 6 (six) months;
d) facility has been granted a certificate of FOOD SAFETY but change owner or repair, upgrade, expand production conditions led to the change likely to appear the threat about FOOD SAFETY than originally;
DD) additional product base not belonging to group similar products have been certified;
e) facility has been granted a certificate of FOOD SAFETY as defined in art. 1 article 16 this circular but has a change in production, product business from exports to domestic consumption;
g) registered base added to the list of allowed base export on the importing country has asked to make a list;
h) facilities have been certified eligible FOOD SAFETY but postponed periodically check has a time limit too 12 (twelve) months.
2. Periodically check: is the form of unscheduled inspections, aims to monitor the maintenance of FOOD SAFETY guarantee conditions for the facility has been granted a certificate of FOOD SAFETY.
3. Check for irregular: check form is unexpected, to be applied with regard to the basis of signs in breach of warranties CL, FOOD SAFETY or when there is a complaint of individual organizations.
Article 12. Union check 1. Check out Agency Heads decided to set up the delegation examined the conditions ensuring FOOD SAFETY of the facility.
2. Decides to establish the test Group included the following: a) check base;
b) scope, content, form and time scheduled check;
c) name, address and code number (if any) of the facility to be checked;
d) full name, job title, the work of the unit head of the delegation and the members of the delegation;
DD) the responsibility of the facility to be tested and the test Group.
3. Decides to establish the test Group should be notified at the beginning of the test.
Article 13. Content, methods of test 1. Content check conditions ensuring FOOD SAFETY of the facility include: a) the condition of infrastructure, equipment and people directly involved in the production of aquatic FOOD SAFETY assurance;
b) quality management program;
c) procedure for product traceability;
d) sampling to verify the performance of self control on FOOD SAFETY of the facility when required (does not apply in cases the Agency is checking people's Social Committee). Case of sampling, test Group to establish sampling test votes signed by head of the delegation checked and authorized representative of the facility;
2. test methods, the Guide reviews for establishments according to the appendix attached to circular 14 and Appendix 3 attached to this circular.
Article 14. The minutes of the test 1. Minutes of check guarantee: a) expressing the full, accurate test results according to the form prescribed and was created at the facility immediately after the end of the test;
b) stating the items does not guarantee FOOD SAFETY and the time limit for remedying the error;
c) Stated the conclusion about the General conditions of guarantee FOOD SAFETY and grades for the facility as defined in article 15 of this circular;
d) comments of the representative of the basis of the test results, commit to troubleshoot the error;
DD) signed by head of the delegation check, the signature of the authorized representative of the grassroots. Stamped thereon or Chiefs signed delegation check each page a check in case the facility does not have a seal.
e) was 2 (two) copies: 1 (a) a save at the Agency check, 1 (a) a save at the facility where necessary, could further increase the number of copies.
2. If the facility representative does not agree to sign the minutes of the examination and no comments about test results, commitment to fix the error then check the Group must specify: "base representation is not sign checks" and stating the reason for not signing the facility representative. This record still has legal value when full signatures of all the members of the test Group.
Article 15. Ensure FOOD SAFETY condition classification of establishments applying the classification to the basis of FOOD SAFETY assurance conditions as follows: 1. The type A (good): apply to the facility meets the requirements on FOOD SAFETY guarantee conditions, no errors and serious error;
2. Type B (hit): apply to the facilities meet the requirements of FOOD SAFETY guarantees, conditions are less severe errors and no serious error;
3. type C (did not meet): apply to the facilities do not meet the requirements of eligibility ensure food safety, more severe errors or serious error, if not overcome, corrected in due time specified that Inspection Agency continued production will cause serious impact to quality , causing the loss of food safety.
4. specific classification Levels for each type of facility as defined in the appendix attached to circular 14 and Appendix 3 attached to this circular.
Article 16. Test results processing in time not more than 7 (seven) working days from the end of the test, the test verifies the minutes check of the test Group, handles the results and submit the test results directly or by post to the base, namely : 1. Inspection reviews of classification: a) satisfactory basis (category A or B): decision recognized the basis of eligible FOOD SAFETY FOOD SAFETY certification, there is a time limit of 3 (three) years from the date provided in annex 5 form attached to this circular and 1 (one) the only code for the base according to the coding system specified in Appendix 6 attached to this circular when registered owners apply for FOOD SAFETY certification.
b) does not meet the basis (category C): announcing the test results and the required facility and report the results of a specific remedy. Depending on the level of error wrong basis, the Agency examined the decision time limit to remedy and test again. If at the time of the check, the base still not eligible to FOOD SAFETY (type C), the Agency examined the recovered FOOD SAFETY certificate (if the facility has been granted) and inform the competent authorities implement administrative sanctions, notification to the competent authorities consider the revocation of business registration certificates were issued to the facility.
2. Periodically check, irregular: a) for the basis of the results achieved (graded A or B): inform the basis of test results and frequency of checks applied in the coming period;
b) for category C Base: follow the rules stated at point b paragraph 1 of this article.
3. The case has made test samples when testing, test results if discovered violating the regulations on FOOD SAFETY or likely to lead to the risk of not ensuring FOOD SAFETY, inspection agency require the facility to report the results of corrective action, including access product recall, under current rules, at the same time held unscheduled checks the implementation of corrective action when required.
Article 17. Updated list of establishments are allowed to export to the market has demanded 1. The facility was added to the list of allowed base export on the importing country has asked to make a list if it meets the conditions: a) check register with the test according to the procedures prescribed in article 9 of this circular;
b) build and apply the quality management program accordingly at the request of the importer and the full archive of records made at least 30 (thirty) days have produced up to the time of the test;
c) Be compliance tested and certified to meet the requirements of importing countries regulations respectively.
2. The facility was taken out of the list of establishments are allowed to export to the importing countries require establishment of a list of cases: When the send text facility test bodies recommend withdraw from the list of export markets or violations specified in clause 1 article 19 of this circular.
3. Time of the quality management Department of agriculture forestry and fisheries make updated lists of establishments are allowed to export to the market under the provisions of each importing country or according to the sequence of procedures that have been agreed upon with the competent authority of the importing country.
Section 2 CONDITIONS that ENSURE FOOD SAFETY MONITORING of FOUNDATIONS and FOOD SAFETY CERTIFICATE REVOCATION Article 18. The frequency of periodic checks 1. Frequency of inspection: a) A rating basis: 1 year/time;
b B ratings base): 6 months/times;
c a C rating: base) time check irregular depending on the level of error of the base are examined and by the Agency to check the decision but not exceeding 3 (three) months from the time of the previous inspection.
2. for Own fishing vessel has been satisfactory inspection (graded A, B), the local agency check made when the ship docked at the port at least 2 (two) times in 3 (three) years and ensure the time between check a minimum of 1 (one) year.
Article 19. Revocation of certificate of FOOD SAFETY 1. The base FOOD SAFETY certificate is revoked in the following cases: a) the facility was granted the certificate of FOOD SAFETY but has test results to conditions ensuring food safety rating C after 2 (two) times in a row;
b) basis the proposal to postpone the test but was discovered still produced and brought to market the product in the time proposed to postpone the test;
c) production facility, hampering business when checking tasks as specified in this circular;
d) violations of regulations on the control of impurities;
DD) violations of regulations on the use of chemicals, antibiotics;
e) violations of regulations on labeling of seafood shipments;
g) procurement base, using raw materials from the aquaculture facility, the aquaculture and the harvesting of krill bivalve is banned or suspended harvesting by the competent authorities do not ensure FOOD SAFETY;
h) basis of fake, fix the content of certificates of FOOD SAFETY; fake, fix the content of certificates of FOOD SAFETY of seafood shipments CL, or certificate of analysis, testing results served to test operations, the Agency's State certification test;
I) other infringers basis by the Minister of agriculture and rural development to review the decision.
2. check writing authority to revoke certificates of FOOD SAFETY to send, withdraw the base off the list the facilities are allowed to export to the importing countries are required to make a list (applying for the basis referred to in paragraph 1 point a article 2 to this circular), the file send the competent agency suggest processed under regulations the law on FOOD SAFETY.
Article 20. Re-issuance of certificates of FOOD SAFETY 1. FOOD SAFETY certificates are issued in the following cases: lost certificate; The damaged certificates; When the facility has changed or additional relevant information in the facility's certificate (excluding basis the case prescribed in clause 1 article 11 this circular); particularly for fishing vessel has been certified but then changed owners or roaming;
2. The FOOD SAFETY certificate re-issuance is done as follows: a) the base do text check Agency stating the reason grant proposals back FOOD SAFETY certificate according to the model in annex 6 attached to this circular;
b) number of records: 1 writing grant proposals back to the FOOD SAFETY certificate;
c) facilities can apply directly, sent via Fax, E-mail, electronic network (then send originals); send by mail;
d) during 3 (three) working days from receipt of grant proposal writing back the certificate of inspection bodies, base reissuing certificate for right base.
3. The time limit expire of the FOOD SAFETY certificate reissued to coincide with the time limit expire of old FOOD SAFETY certificate.
Chapter III inspection and QUALITY CERTIFICATION, FOOD SAFETY Section SEAFOOD SHIPMENTS 1 SHIPMENTS are REQUIREMENTS for MARKETED article 21. Shipment conditions given domestic consumption market perform as specified in circular No. 56/2009/TT-BNNPTNT on 07/10/2009 of the Ministry of agriculture and rural development working instructions check, monitoring food safety aquaculture before making the market and circular No. 23/2011/TT-BNNPTNT on 6/4/2011 revised Supplement, abolish some regulations on administrative procedures in the field of quality management of fisheries under resolution 57/NQ-CP. Article 22. Shipment conditions are allowed to export 1. Is produced from the base have recognized FOOD SAFETY assurance qualified under the provisions of this circular, and meet the regulations on ensuring FOOD SAFETY of the respective importer.
2. check the certification, CL, FOOD SAFETY according to the rules of the importing country and the regulations of the Ministry of agriculture and rural development.
3. seafood export shipments are allowed to write on the label the information at the request of the importer but do not misrepresent the nature of the goods, do not violate the law of Vietnam and imported water. In addition to the information required under the provisions of the country of import, export shipment must have added the following information: a) video production facilities;
b) code number of the shipment.
4. where the shipment was produced from the various production facilities for export must meet the following conditions: a) basis make the final production stages (packaging, product labeling) and base made the earlier production phase must meet the requirements of eligibility ensure FOOD SAFETY according to the rules and regulations of Vietnam's market the final product;
b) participating establishments manufacturing shipments have the same commitment text is responsible for implementing the measures the Agency's handling of the test in the case of shipment authority importer warning or check the detected infringement on CL, FOOD SAFETY;
c) participating establishments produce shipments are responsible for the full retention of records production and control of FOOD SAFETY for the CL, stage of production due to its base implementation, ensure traceability of products;
d) shippers must report to the test when the test registration procedures, FOOD SAFETY quality certification for export shipments; report the delegation check when checking in the base implementation of the stages of production of the shipment.
Section 2 the SEQUENCES, procedures, content CHECKING, certification for EXPORT SHIPMENTS to article 23. Sign the check, certified CL, FOOD SAFETY 1. Check registration records for (a) the shipment of exports include: a) check registration certificate according to the model in annex 8 is attached herewith;
b) pallet shipments according to the model in annex 8a attached herewith;
2. Shippers send 12 record registration test to check by one of the forms such as: send, send by mail; or Fax, e-mail, online registration (later the basis of send 01 checks registration for inspection agencies).
3. registration: processing within 1 (one) working days from the receipt of the registration documents as defined in paragraph 1 of this article, the Agency tested reviewed and additional shippers guide breaking or not properly regulated;
b) for shipments in the form of testing and sampling test, the time of test no later than 2 (two) working days after the Agency receives full registration documents or inspection agencies and shippers under the unified register of owners.
Article 24. Form check 1. Check the record: is the form only checks the records of registered shippers, collated with the relevant information about the condition of ensuring FOOD SAFETY of the production base of the shipment and the certification review CL, FOOD SAFETY without performing tests at the scene.
2. test, test sample: form check the registration records of the owners and perform check shipment test sample, at the scene.
Article 25. The test mode, the sample test 1. Check the decreases: apply to the base to meet simultaneously the following requirements during the 12 (twelve) months ahead of the time considered the reduced shipment inspection: a) has secured FOOD SAFETY rating "A";
b) no shipment inspection agency detects or importing country authorities warning of violation of regulations on FOOD SAFETY, CL;
c) Not being inspected, authorities discovered violating the regulations on ensuring the CL, FOOD SAFETY.
2. normal test: the test mode is applied to the basis of eligibility ensure FOOD SAFETY (class A or B).
3. close test: the test mode is applied to the base in one of the cases: a) conditions of FOOD SAFETY assurance rating basis C but not revoked the certificate of eligibility ensure FOOD SAFETY;
b) Having shipment authority importer warning do not ensure CL, FOOD SAFETY.
4. Frequency of inspection: a) the frequency of inspection, sampling tested the shipment for the facilities referred to in paragraph 1, paragraph 2 and point a of this paragraph 3 as specified in annex 9 attached herewith;
b) basis in shipment inspection regime stated in point b of paragraph 3 of this article, the Agency examined the test execution, test samples for the production or shipment of export shipments of similar product groups of the basis to analyze the target were warned under the rules of the market. The base was lifted when test mode the test results of 5 (five) consecutive shipments meet the requirements and results the Agency's verification check on the remedy of the facility meet the requirements;
c) basis of cancelled check mode for the reduction of export shipments when not meeting one of the conditions stated in paragraph 1 of this article.
5. procedures for test execution and test sample shipment as specified in annex 10 attached to this circular.
Article 26. CL certification, FOOD SAFETY
1. Shipment basis in the form of checks referred to in article 24 paragraph 1 of this circular have satisfactory test results: test bodies made CL certification, FOOD SAFETY (hereinafter referred to as the certificate) according to the model in annex 11 attached to this circular for shippers within a period of 1 (one) working day from receipt of application and information for the certification.
2. Shipment basis in the form of checks referred to in paragraph 2 article 24 this circular: since the end of the field test, the Agency checks the certificate for the shipment have satisfactory test results according to the following deadlines: a) not more than 1 (one) working day for the shipment of fresh form , live;
b) not more than 7 (seven) working days for shipment to other product forms;
c) where to send samples tested in the laboratory, the Agency checks the certificate for the shippers do not exceed 1 (one) working day from the date of receipt of the full test results.
3. With regard to the export shipment in the country of import has requested a private certificate form (hereinafter referred to as the certificate): a) the shippers are responsible for providing full information in writing and not later than 1 (one) working day from the time of shipment to be exported for the Agency to grant the deed;
b) within a period of 1 (one) working day from receipt of full information, the Agency issued certificate for export shipments.
4. where the owners have asked to be transfer-level certificate, certificates for the shipment, inspection agencies perform the inspection of the shipment and inspection agency certification, transfer deed is responsible for coordinating the transition level ensure the following requirements : a) are performed on the get the certificate, the original deed;
b) certificate, deed transfer levels have accurate content with the content of the certificate, the original deed.
5. After the time limit of 60 (sixty) days from the time the shipment is checked, if the owners do not provide sufficient information for the Agency to grant a certificate, deed, shippers must make register check back for shipment under the provisions stated in article 23 of this circular to be certified.
Article 27. Requests for certificates, certificate 1. Each export shipment registration check has test results meet the requirements, the test bodies made 01 (a) certificate, deed. The certificate, the certificate is only valid for shipments to be transported, stored in conditions that do not alter the content has been tested, certified on CL, FOOD SAFETY.
2. The certificate, the certificates are numbered as defined in Appendix 12 attached to this circular.
3. Deed has a coat of arms and the content, form fitting.
4. inspection bodies are more different certificate types (without coat) at the request of the owners or of the importing countries ensure content fit checked, certificate of shipment.
Article 28. Following shipment monitoring certification 1. Quarterly or extraordinarily upon request, the Agency examined the test Division established in cooperation with the Customs perform checks of the shipment at the destination when the shipment awaiting customs procedures for export in order to check the shipment after the certification.
2. in case of violation detection, inspection agencies to review the minutes of the Working Group text to check certificate revocation, certificate (if issued) sent home. At the same time, the proposal does not allow the customs clearance of the shipment. Depending on the degree of violation of the shipment, the Agency examined the proposal in writing the competent authority sanctioning administrative violations under the current provisions of the law.
Article 29. Re-issuance of certificates, certificate 1. When the certificate, the certificate is lost, damaged, shippers have the text stating the reason for sending the Agency suggested to check reissued certificate, deed.
2. inspection bodies perform level again within 1 (one) working day after receipt of a written request of shippers and ensure: a) certificate, deed granted the correct content back to the content of the paper was issued for the shipment;
b) certificate, certificate numbers to new management and have the note: "certificate (certificate) this alternative for certificate (certificate) of ..., on ...";
Article 30. Handle the case where the shipment does not reach 1. The shipment did not meet on the production profile, target perception, bonded: after 1 (one) working day since the end of the test, the test sends the notice of shipment not reached according to the form prescribed in annex 13 attached to this circular for shippers.
2. The shipment is not about FOOD SAFETY after the CL, targets have resulted in testing: a testing agency) send notice of the shipment does not reach for shippers, stating the reason for not reaching, at the same time require owners to investigate the cause, make the remedy and justification;
b) after receiving the justification of shippers/manufacturing shipments, the Agency conducted test verifies the content of the report when done testing and sampling inspection for export shipments of shippers or verify when periodically check condition ensures FOOD SAFETY for manufacturing shipments not reaching.
3. within 3 (three) working days from the date of the notification of the shipment does not reach the sender, if owners have sent a written complaint about the test results, the test bodies comply with the procedures specified in section 12.2 10 appendix attached to this circular.
4. inspection bodies perform unscheduled inspections on the conditions of FOOD SAFETY assurance for the facilities in the following cases: a) basis from 6 (six) of the shipment in 3 (three) months was discovered in violation of FOOD SAFETY standards prescribed by the importing countries and Vietnam;
b) basis of justification does not perform according to the requirements of the Agency in announcing the shipment did not meet stated in art. 2 of this Thing.
Article 31. Handle shipment authority importer warns of CL, FOOD SAFETY 1. Within 5 (five) working days since the official warning information of the importing country authorities, the Agency has examined the text requires the production base of the shipment: a shipment traceability), held to investigate causes of the shipment does not reach the CL , FOOD SAFETY; establish and implement corrective action; reporting on time as required to send the test bodies;
b) suspended export on the importing country if the respective water authorities have required import or base has more than 3 (three) of the shipment of the same group of similar products in 6 (six) months been importing country authorities warned of CL, FOOD SAFETY.
2. After receiving the justification of the basis of the provisions in paragraph 1 of this article and close test results according to the provisions of article 25 paragraph 3 b of this circular, the Agency check verifies the contents of the report basis, perform unscheduled inspections at the base (when necessary).
3. Within a period of not more than 10 (ten) working days from the conclusion of the investigation, the Agency has examined the text message verification results to the base.
4. In the case of Server/client basis of incomplete reporting or not reporting on time as required, the Agency has examined the text requires shippers make corrective actions or competent bodies reports processed under the provisions of the law.
Chapter IV RESPONSIBILITIES and POWERS of the PARTIES IN RELATION to article 32. The basis is check on FOOD SAFETY guarantee conditions 1. Responsibilities: a) made the registration check in sequence, procedure and records provided for in article 9, this circular. Executive checking under the Agency's inspection plan even before the registration procedure;
b) provide a list and who has the authority to represent the facility to work with Unions to test and create favorable conditions for the test Group while working at the facility;
c) provides full information, record, document, test samples at the request of the delegation check or check the independent and responsible for the information, the materials were provided;
d) regular maintenance conditions ensure FOOD SAFETY has been certified;
DD) made the repair, fix the error stated in the minutes of the examination and the inspection agency's announcement followed the time required;
e) to sign the minutes of the test.
2. Powers: a) the opinion agree or disagree about the test results in a check;
b) complain about the test results for the base;
c) reflects the timeliness for the heads checking on the negative behaviour of the test Group or by check.
Article 33. Shippers/home base of production shipment 1. Responsibilities: a) check the registration and certification of CL, with shipments FOOD SAFETY inspection agency according to the procedures and records specified in article 23 of this circular;
b) enabling members of the Inspection Agency inspection, sampling inspection tasks and provide a full profile, the document concerned (case shipment subject to field inspection and test sample);
c) did not alter the characteristics of the product, other labelling information with content registered and checked, CL, FOOD SAFETY certification;
d) implement measures suitable for handling the shipment does not reach the CL, FOOD SAFETY, the shipment returned or recalled at the request of the Agency and the competent authorities;
DD) file charges and fees certification examination in accordance with chapter V. 2. Powers: a) applied the test mode reduce shipments if meets the requirements outlined in article 25 paragraph 1 of this circular;
b) requires that agencies check provides information, forms, regulations relating to the examination and certification of FOOD SAFETY of aquatic products in CL, under the provisions of this circular;
c) reserve other comments with the test results;
d) examiner referendum;
DD) complaints, accusations of misconduct of any check, inspection agency laboratory in accordance with the law.
Article 34. Check the Member 1. When the task is assigned, check the staff are responsible for:
a) compliant sequence, content, procedures, methods, base test condition ensures FOOD SAFETY for facilities; check the sample, tested the shipment as prescribed in this circular;
b) security of information relating to the business of production basis, the owner of the goods in accordance with the law; ensure the accuracy, honesty and objectivity when making missions;
c) observance of the assignment of authority and responsibility for the results of his work done before the heads test and before the law when conducting checks;
2. Within the scope of the task assigned, check the Member has the right: a) request/facility owners to provide the records, documents, specimens (if any) serves for inspection tasks;
b) Out on the place of production, storage, warehouse; review of records, sampling, photography, copying, recording the information needed for the task of checking;
c) Formed thereon and a sealed sample (if available) in a time of need and propose measures and recommendations dealt if there is evidence on the basis of/home violate the provisions relevant to ensuring FOOD SAFETY;
d) reserved their opinions and report to heads check in case not yet agreed with the conclusions of the opinion people directly assigned the tasks referred to in point c of paragraph 1 of this article;
DD) refused to perform the test in the case of owners do not fulfill the responsibility according to the provisions referred to in point c of paragraph 1 to article 32 and Article 33 paragraph 1 point b to this circular.
Article 35. Head of the delegation test 1. When performing tasks, the head of the delegation check have the responsibility as an inspector referred to in paragraph 1 to article 34 of this circular and the other responsibilities as follows: a), assigned tasks to the members of the test Group to perform full content was recorded in the inspection decision;
b) process the comments, the test results of the test Crew members and giving the final result;
c) scrutinize, sign test, test results, reports, responsible to the heads test and before the law about the results of the test Group has been made.
2. Within the scope of the task assigned, head of the delegation check have the authority as an inspector referred to in paragraph 2 Article 34 of this circular and the other powers such as the following: a) the proposal with the heads of Agency issued the decision adjusting the test Crew members to fulfill the contents stated in the decision to check;
b) launched the final conclusions of the delegation checking on test results.
Article 36. Local inspection bodies 1. Responsibilities: a) plan the test prescribed in item 1 article 10 of this circular; the organization performs testing, certification of qualified FOOD SAFETY in establishments manufacturing, seafood business for the base according to the assignment, the hierarchy specified in clause 2 5 of this circular;
b) archive of records related to the activity check, certificate of eligibility ensure FOOD SAFETY of the facilities in the group object to be assigned to check, correct certification regulations; provides profile, full and accurate explanation of the issues relevant to the inspection, certified by their agencies implementation when the Agency granted on request;
c) confidentiality of information relevant to production and business secrets of the base was assigned to check, certified;
d) six (six), 1 (one) or when required, and to report in writing to the superior Agency;
DD) proposed the training needs, the election of officers to participate in training courses, agency training level test on the Organization;
2. The responsibility of the provincial inspection agencies: in addition to the content the responsibility prescribed in clause 1 of this article, the Agency examined the levels are also responsible for the following: a) in collaboration with the Agency of the province/other cities done periodically check the condition of the ship's FOOD SAFETY assurance of fish as defined in paragraph 2 , Article 18, this circular;
b) periodically 6 (six) month 1 (a) or when required, General and report the quality management Department of agriculture forestry and fisheries on the test results, the certificate; check the situation, monitoring, processing in breach of the conditions ensuring FOOD SAFETY of the base was assigned to check, certified province/city; the proposed solution to the effective deployment of this work;
c) every year, in cooperation with the Department of management of the quality of agricultural and fisheries products, other inspection bodies in unified local list object-group basis check of each local agency management;
d) Organization of training, training, professional guide service on fisheries for FOOD SAFETY inspection districts/communes in the province.
DD) regularly updated and published a list of sufficient basis and not yet eligible for FOOD SAFETY assurance on electronic information page or in local media.
3. Powers: a) inspecting the implementation of the test lower levels;
b) requires the heading object base was assigned to check the certificate, perform the registration check to be issued a certificate of FOOD SAFETY as stipulated in article 10 of this circular and made the fix incorrect error about FOOD SAFETY assurance conditions stated in the minutes of the test;
c) Granted and revoked certificates of FOOD SAFETY for the base objects are assigned to check, certified;
d) suggested the authorities handle breaches the base not qualify ensure FOOD SAFETY.
Article 37. The Department of agriculture and rural development, the city of 1. Specify the Agency performed the inspection, the certificate of eligibility ensure FOOD SAFETY the basis according to the assignment, the hierarchy specified in clause 2 5 of this circular and notice for the quality management Department of agriculture forestry and fisheries.
2. Specify the provincial inspection agencies performing the inspection, the certificate of eligibility ensure FOOD SAFETY in the range is assigned to the Agency's hierarchy, check the district level, social in case the agency-level test, yet capable of township-level mission; Guide to assist agencies to check the district level, the level of capacity and township organization handed the task immediately after the testing agencies at district level, the social level implementation capacity.
3. Guide the uniform coding system for the facilities referred to in point b of paragraph 1 article 2 to this circular city/province as defined in Appendix 3 attached to this circular.
4. Steer, guide, inspect, oversee the Organization of the implementation of this circular to the extent assigned, the hierarchy of the province/city.
5. Recommend to the Ministry of agriculture and rural development modification, additional regulations, technical standards to suit the actual situation in the inspection and certification of qualified FOOD SAFETY base.
Article 38. The quality management Department of agriculture forestry and fisheries 1. Responsibilities: a) unify the management checks, certification of FOOD SAFETY guarantee conditions for the facilities on the nationwide; inspection, certificate of shipment; periodically check, monitoring activities related to audit and certification of FOOD SAFETY of aquatic CL, the inspection agency;
b) training organizations, training, professional guide service to check quality tablets, aquatic FOOD SAFETY, professional certification, inspection of the shipment;
c) set up and announced plans to check for the base was assigned to check, certified according to the provisions of article 10 paragraph 1 of this circular;
d) full archive of records related to the test results, the certificate of eligibility ensure FOOD SAFETY of the base according to the assignment rules; provides profile, full and accurate explanation of the issues related to the certification inspection activities when the Ministry of agriculture and rural development required;
DD) Organization of the examination and certification of FOOD SAFETY fisheries in accordance with the procedures specified in this circular;
e) responsible for test results; contents of certificate, certificate and notice of the shipment does not reach;
g) to receive and to resolve promptly, properly regulated complaints of shippers for the inspection and certification of CL, FOOD SAFETY fisheries conducted by his agency; Material compensation for owners for the consequences due to the flaws in the inspection and certification in accordance with the current legislation;
h) security information relating to production and business secrets of the base was assigned to check, certified;
I) annual, coordinated with the Agency referred to in paragraph 2 article 5 this circular uniform list of establishments in the range check of the two bodies;
k) six (six), 1 (a) and request publication list of the facilities have been certified and have been certified eligible guarantee FOOD SAFETY in the range is assigned, the hierarchy on the nationwide;
l) announced the list of the facilities are allowed to export to the importing countries are required to set up the list by the deadline agreed with the authorities of importing countries;
m) rallied and created a category of regulations, technical regulation of Vietnam and the country imports on conditions ensuring FOOD SAFETY of aquatic CL, notice to the Agency, the organization concerned to apply.
2. Powers: a) check, active monitoring checks, certified FOOD SAFETY assurance conditions of provincial inspection agencies/districts/communes within the country;
b) sample and check the shipment as prescribed in this circular; Refuse the inspection and certification of FOOD SAFETY in case CL, owners do not fulfill the responsibility according to the provisions referred to in paragraph 1 to article 33;
c) requires the base domain is assigned, certified check made to fix the error on conditions ensuring FOOD SAFETY stated in the minutes of the test; investigate the cause of infection, establish remedies and report the results of corrective measures with respect to the basis of shipment inspection bodies and the authorities of importing States about the violation warning CL, FOOD SAFETY as prescribed in this circular;
d) announced suspension of exports to the importing country that requires checking, certification of CL, FOOD SAFETY and suggested the shipment authority importer UN-named base off the list are allowed to export to the importing countries require list if the facility does not qualify to insure FOOD SAFETY or violate the regulations referred to in article 19 paragraph 1 b and Article 31 this circular;
DD) levels and FOOD SAFETY certificate revocation for the base objects are assigned to check, certified; Handle for the base case violated the provisions of this circular in accordance with the authority and the rule of law;
e) Established the record suggested the Ministry of agriculture and rural development and the Agency has the jurisdiction to handle violation of provisions of this circular.
Article 39. Laboratory 1. Responsibilities: a) compliance testing process, ensure the capacity of equipment testing, information security of the owners in accordance with the law;
b) ensure accurate test results, objectivity;
c) reported results on time for compliance;
d) responsible for testing results;
DD) participating in the proficiency testing program as required by the quality management Department of agriculture forestry and fisheries;
e) records, documents relating to the operation tested rules and present when authorities require;
g) material compensation for owners for the consequences due to the flaws in his experimental work made under the current rules.
2. Powers: a) refused the samples did not meet the technical requirements under the regulations. Refused testing for sample, the target out of range is certified;
b) provided the information and create conditions of training in order to enhance capacity for testing;
c) charge a fee, test fees according to the current rules.
Chapter V FEES and CHARGES Article 40. Fees and charges 1. The costs and fees check, certified CL, aquatic FOOD SAFETY prescribed in this circular are made according to the regulations of the Ministry of finance and the relevant legal texts;
2. check the planning agency, estimates the funding made from annual budget, presented to the authority for approval and implementation of the Organization after being approved for the inspection and certification activities CL, FOOD SAFETY regulations this circular but not yet specified.
Chapter VI COMPLAINTS, accusations and HANDLE breach of article 41. Complaints, accusations and complaints, report 1. Every organization or individual has the right to appeal, denouncing violations of this circular as prescribed by the law on complaints and denunciation and the writing guidelines for implementing the law on complaints and denunciation.
2. The competent State agencies are responsible for the timely resolution of complaints, accusations related to the activity check, certified FOOD SAFETY conditions of the grassroots in the correct sequence, the procedure of the law on complaints and denunciation.
Article 42. Handle violation 1. The handling of the offense for the violation of this circular is made according to the regulations of the Government on sanctioning administrative violations of food safety; provisions on sanctioning administrative violations in the field of fisheries and the provisions of other relevant laws.
2. These acts impedes, in opposing the Agency's inspection activities in check, the violation of this circular cause serious consequences may be prejudice criminal liability according to law.
Chapter VII ENFORCEMENT PROVISIONS Article 43. Effect 1. This circular: a) replaces decision No 118/2008/QD-BNN on December 11, 2008 by the Minister of agriculture and rural development Bylaw issued checks and recognizing business production fishery products eligible to ensure food hygiene and safety; Decision No 118/2008/QD-BNN on December 11, 2008 by the Minister of agriculture and rural development Bylaw issued checks, quality certification, food safety and fisheries goods; Circular No. 78/2009/TT-BNNPTNT on 10/12/2009 of the Minister of agriculture and rural development regulation on inspection, sampling lot testing seafood;
b) cancel article 1, article 2 of circular No. 23/2011/TT-BNNPTNT on 6/4/2011 modify, Supplement, abolish some regulations on administrative procedures in the field of quality management of fisheries under resolution 57/NQ-CP on 15/10/2010;
c) cancel article 3, article 4 Circular No. 47/2009/TT-BNNPTNT on 11/8/2010 on amending and supplementing a number of articles and regulations on administrative procedures of decision 71/2007/QD-BNN on 06/8/2007; Decision 98/2007/QD-BNN on 03/12/2007; Decision No 118/2008/QD-BNN on 11/12/2008 and the circular No. 06/2010/TT-BNNPTNT on 02/02/2010.
2. This circular takes effect after 45 days from the date issued.
3. With respect to the base have been tested, certified and granted private code prior to the time this circular effect but not yet fully meet the requirements as a production base of independent fisheries under the provisions of this circular or base has many different production types but are granted only 1 (one) the only code : a) the basis of unchanged code was granted to 30/6/2012;
b) Agency is responsible for reviewing, inspecting, recall, and record level as specified in this circular since day 1/7/2011.
Article 44. Additional amendments to circular quality management Bureau of agriculture and forestry production and fisheries is responsible for the synthesis of difficulties and problems arising in the implementation of this circular and reports the Ministry of agriculture and rural development to consider additional amendments accordingly.