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 10/9/2009 by Government to modify article 3 of Decree 1/2008/ND-CP dated 9 January 2008 by the Government;

Pursuant to the law of product quality, the goods are passed by Congress on 21/11/2007 and the Government's Decree No. 132/2008/ND-CP dated 31/12/2008 detailing the implementation of a number of articles of the law on product quality, the goods;

Pursuant to the law of standards and technical regulation was passed by Congress on 29/6/2006 and the Government's Decree No. 127/2007/ND-CP dated 3/8/2007 detailing the implementation of a number of articles of the law on technical regulation and standards;

Ordinance base food safety Commission of the National Assembly adopted on 26/7/2003 and Government Decree No. 163/2004/ND-CP on 7/9/2004 detailing the implementation of a number of articles of the Ordinance on food hygiene and safety;

The Ministry of agriculture and rural development regulation the inspection, reviews production facilities business supplies of agricultural and fisheries agriculture and forestry products in the scope of management of the Ministry is as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the inspection, reviews the sort of conditions to ensure the quality and safety of food production and business establishments agricultural materials and products of agriculture and forestry and fisheries responsibilities, powers of the parties concerned.

Article 2. Application object 1. The production base of agricultural materials and products of agriculture and forestry and aquaculture business registration on a national scope in the scope of management of the Ministry of agriculture and rural development.

2. Organizations and individuals related to the production of business supplies for agriculture and fisheries agriculture and forestry products.

Article 3. Explanation of terms In this circular, the terms below are interpreted as follows 1. Agricultural materials: cover crop, livestock breeds, fertilizers, livestock feed, feed mill, plant protection drugs, veterinary drugs, biological products, chemicals, machinery, raw materials, equipment used in the production of agriculture and forestry fisheries, irrigation and salt in the scope of management of the Ministry of agriculture and rural development.

2. the agriculture and forestry fishery products: including the products of animal origin, the products of plant origin and salt.

3. Establishments manufacturing agricultural materials and products of agriculture and forestry aquatic products: where does one, some or all of the activities of production, processing, packaging, storage, transport of agricultural materials and products of agriculture and forestry aquatic products.

4. Business establishments agricultural materials and products of agriculture and forestry aquatic products: where does the merchandising activities of agricultural supplies; Agriculture and forestry aquatic products.

5. Traceability: the ability to track, was a unit of the product through each stage of the process of production, processing and distribution (the Codex Alimentarius).

6. The level of error: a serious Error): is misleading compared to the standard or technical regulation, affect the quality, safe food.

b) error: false is compared to standard or technical regulation, if extended would affect the quality, safe food but not yet to the level of seriousness.

c) light: Error is misleading compared to the standard or technical regulation, can affect the quality, food safety or interfere with the control of quality, safe food.

Article 4. The base test, reviews 1. Standards and technical standards.

2. The legal texts and other documents relevant to the quality of agricultural materials and food safety agriculture and forestry aquatic products.

Article 5. Inspection bodies 1. The central inspection authority: is the General Directorate, the specialized Management Bureau under the Ministry of agriculture and rural development; responsible for testing, reviews the classification of establishments manufacturing agricultural materials business and Agriculture and forestry aquatic products as assigned, hierarchy of the Ministry of agriculture and rural development.

2. check local bodies, including: a) provincial inspection authority: is the specialized agency directly under the Department of agriculture and rural development of the province, central cities; responsible for testing, reviews the classification of production and business establishments due to central level, provincial level or the business registration office at the economic zone certificate of business registration according to the hierarchy of the Ministry of agriculture and rural development.

Test cases, reviews production facility classification, many business groups of agricultural materials sector and the agriculture and forestry fishery products in the scope of management of the provincial inspection agencies, basing the actual conditions and the capacity of the Agency, the Department of agriculture and rural development regulation an agency presided , in cooperation with the governing bodies of other relevant disciplines to implement.

b) agency-level test: is the professional body in the people's committees at district level; responsible for test, evaluation of classification for the material production base of agriculture and fisheries agriculture and forestry products due to district level certificate of business registration.

c) level check agency commune people's Committee: is the social level; responsible for examining, assessing classification to the business premises agricultural materials and products of agriculture and forestry aquatic products by district level certificate of business registration close in geographical level.

Article 6. The form of the test 1. Check out the reviews, Classifieds: a) is the form of check have prior notice, in order to fully test the contents of the conditions ensuring the quality and safety of food establishments.

b) Are applicable to:-the base is checked first;

-Test facility was satisfactory but fix, expand production;

-Unsatisfactory basis but was then overcome the wrong done in error.

2. Periodically check: the check form Is not announced in advance, are applied to the base were classified unsatisfactory in order to monitor the maintenance of conditions of quality assurance, food safety.

3. irregular check: form test to be applied when: a) the basis of signs in breach of condition, quality assurance and food safety;

b) have the complaint of individual organizations.

Article 7. Content, methods of test 1. Check the contents: a) the facilities, the equipment;

b) human resources;

c) quality management program, standards, regulation and labelling of goods are applied;

d) sample tested the quality criteria, food safety to verify the condition of quality assurance, food safety in case of need (does not apply in cases the Agency is checking people's Social Committee).

2. test methods test method including the reality check (buildings, equipment, etc.), check the records, documents and interviews (if necessary). The case has tested samples of the quality criteria, food safety, the sampling was performed according to the standards or the text of the relevant regulations.

Article 8. The form of category 1. Apply A classification level (excellent), B (hit), C (not), namely: a) class A (good): apply to the facility meets the requirements in terms of quality assurance, food safety, no errors and serious error;

b) Type B (hit): apply to the facilities meet the requirements in terms of quality assurance, food safety, have less severe errors and no serious error;

c) Type C (did not meet): apply to the facilities do not meet the requirements in terms of quality assurance, food safety, also many errors and 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.

2. The instructions and the form check, reviews the sort of conditions to ensure the quality and safety of food production base of agricultural materials and products of agriculture and forestry aquatic products according to each industry group are outlined in the appendix attached to this circular.

Article 9. How often to check how often the test applicable to the premises is regulated as follows: 1. The basis of rating A: 1 year/2 times. B Rating basis: 6 months/times 3. C rating basis: check point depending on the level of error wrong base is examined and decided by the test authority.

Article 10. Requirements for head of the delegation, sampling and testing 1. Requirements for a crew Chief) have expertise consistent with the field test b) has joined the professional training course consistent with the field test, the inspector training course.

c) Have experience in the field of inspection.

2. Requirements for inspection staff a) have expertise consistent with the field test.

b) has joined the professional training course consistent with the field test and test training courses.

3. Ask for a sampling) Have appropriate expertise b) certificate or certificate has participated in training or training on retrieved pieces in the field test.

4. the specific requirements for the protagonist, Inspector, who sampled by the General Directorate, the specialized Agency specific guidelines.

Chapter II the SEQUENCE, TESTING PROCEDURES, REVIEWS of the CLASSIFICATION article 11. Make a list of the statistical production base, sales agency in collaboration with the business licensing authority made the stats, make a list of the production and business establishments in the scope managed by assigning decentralized, referred to in article 5 of this circular. The statistical form conditions ensure safe food, quality production facilities business supplies for agriculture and fisheries agriculture and forestry products according to each industry group referred to in the appendix attached to this circular.

Article 12. Notice of test plans, reviews of category 1. Inspection bodies responsible for the test plan notice to the facility to be checked prior to the time check at least 5 working days. Test plans include: a) the expected time test b) scope, content, test form c) preparing requests for personnel records, working with the test Group


2. the Agency may send notice of test plans to base using one of the forms such as: send directly; fax; send by post.

3. With regard to the form of the periodic inspection and test, the test plan was announced at the opening meeting of the delegation checked in at the base.

Article 13. Order and procedure of test 1. Establish a test group) agency heads issued decided to set up the test Group b) decided to set up the test Group should specify:-the base test;

-The scope, content, testing;

-The name and address of the facility to be checked;

-Your name, the title of the head of the delegation and the members of the delegation.

-The responsibility of the base and the test Group.

c) test cases, reviews production facility classification, many business groups of agricultural materials sector and the agriculture and forestry fishery products, heads is the Department of agriculture and rural development, given the task of presiding over the responsibility to notify the relevant coordination bodies suggested people join the test Group.

2. Conduct the test at the facility a) Opening Session: test Group announced the decision to establish the group, stating the purpose and content of the test.

b) proceed to reality check (infrastructure, equipment, ...), check the records, documents and interviews (if necessary) as defined in paragraph 2, article 7 of this circular.

c) set up a meeting and end the test, announced the test results. 

3. Ask for the minutes to check a) Are unions check up at the facility immediately after the end of the test.

b) expresses the full, accurate test results;

c) stating the items is not guaranteed and the time limit for remedying the error;

d) Stated the conclusion about the General conditions of guarantee and facility classification level;

DD) the opinion of the competent representative of the basis of the test results, commit to troubleshoot the error;

e) signed by head of the delegation check, the signature of the authorized representative of the base and the base's stamp (if available). If the facility representative does not agree to sign the minutes of the test, the test Group must specify: "base representation is not sign checks and stating the reason for non-registration facility representative" and still have legal value when full signatures of all the members of the test Group.

g) was established as a 2:1 a save at the Agency check, backup at 1st base.

4. Processing test results after the interrogation memorandums of the test group test (may conduct fact investigation at the facility if necessary), in less than 7 working days from the end of the test, the test performed: a) test cases, reviews the classification :-the recognition of test results and announce the test results for the basis of the classification A or B for the sector group are checked. For the basis of many industry groups, the frequency of periodic checks is determined by the industry group has the lowest classification.

-Notice basis not sufficient conditions and report the results required a specific remedy for not reaching base (type C) for every industry group be tested. Depending on the level of error wrong basis, the Agency checks suggest the authorities the right to make administrative sanctions, and decided the time limit to remedy and test again. If the facility does not fix the Agency, check to notice suggested authorities revoked the certificate of business registration of the facility.

b) periodic test cases, irregular:-for the base type B: inform the basis about being down the type and frequency of checks applied in the coming time.

-For category C Base: base message yet to qualify and require reporting of results specific remedy for not reaching base (type C) for every industry group be tested. Depending on the level of error wrong basis, the Agency checks suggest the authorities the right to make administrative sanctions, and decided the time limit to remedy and test again. If the base is not remedied, the Agency examined the announcement suggested authorities revoked the business license of the facility.

c) issued a certificate of eligibility for the Group of goods basis be classified as A or B if are the basis of the request.

5. in case of test sample (sample record), if the test result shows the products violate the regulations on quality, food safety, the Agency examined the request, access base recovery products and apply the appropriate remedy under current rules.

6. Inspection Agency announced publicly the basis of eligibility and not yet eligible for quality assurance, food safety.  

Article 14. Fees and charges 1. The costs test, testing, certification fees eligible for quality assurance, food safety of the facility are performed according to the current rules of the Ministry of finance;

2. With regard to the activity check yet the Finance Ministry regulations on the costs related to the inspection, the inspection agency planning, provision of funding from its annual budget, the authority to approve and implement the Organization after being approved.

Chapter III the RESPONSIBILITIES and POWERS of the PARTIES CONCERNED in article 15. The people's committees of provinces and cities under central 1. Directs the Department of agriculture and rural development and the people's committees of all levels organizations make the tasks assigned, the hierarchy referred to in article 5, paragraph 2 to this circular.

2. Direct the Department of finance staff, the funding approval from the annual budget for the Agency as a rule.

Article 16. The Department of agriculture and rural development, the provinces and cities under central 1. Specify the implementation agency statistics, test, evaluate, categorize the basis of the provisions of article 5, paragraph 2, point a of this circular in the province.

2. Directs, guides the organization implementing this circular in the range is assigned to the province.

Article 17. The Central Agency 1. Guide and direct the inspection system from central to local level.

2. the guidelines applied for documents, form, method of test for production and business establishments for product groups are assigned management.

3. Training Organization, training, professional guide service to check the members throughout the system from the central to local levels.

4. Directly inspect, assess classification to the business facilities, agricultural materials and products of agriculture and forestry aquatic products as assigned, decentralization of the Ministry of agriculture and rural development.

5. Public notice on the website of the Agency and the Ministry of agriculture and rural development of the list of establishments eligible and not eligible for quality assurance, food safety in the scope of management.

6. Inspect the implementation of the local agency.

7. the systematic storage of records related to statistics, activity auditing, reviews the classification of the production facilities, business management domain by assigning decentralized; information security under the current rules.

8. Periodically 6, 7 times, reporting the results of statistics, test, evaluate, categorize and handle breach of conditions to ensure the quality and safety of food establishments in the scope of management according to the assignment, the hierarchy of the Ministry of agriculture and rural development (through quality management Bureau of agriculture and forestry and fisheries). Quality Management Bureau of agriculture and forestry and fisheries are responsible for general statistics, to be posted on the database of the Ministry of agriculture and rural development.

Article 18. Local inspection bodies 1. Specialized agency directly under the Department of agriculture and rural development and the city centrally assigned: a) check, the Organization reviews the classification of manufacturing facilities, sales by the central level, provincial level or the business registration office at the economic zone certificate of business registration according to the hierarchy of the Ministry of agriculture and rural development.

b) inspecting the implementation of the inspection agencies at district level, social.

c) training organizations, training, professional guidance for agency-level testing, social.

d) public notice list of manufacturing facilities, business is eligible and not eligible for quality assurance, food safety in the range management in the province/city.

DD) archive has the system of records related to statistics, activity auditing, reviews the classification of the production facilities, business management domain by assigning decentralized.

e) Jan. 6th periodic times, reporting the results of statistics, test, evaluate, categorize and handle breach of conditions to ensure the quality and safety of food production facilities, business in the scope of management according to the assignment, the hierarchy of the Department of agriculture and rural development the province/city and the General Directorate The Ministry's Bureau, according to the field of management.

2. Specialized agencies Department of the people's Committee at district level a) test organization, reviews of classification to the material production base of agriculture and fisheries agriculture and forestry products due to district level certificate of business registration.

b) inspecting the implementation of the social people's Committee.

c) public notice list of qualified production facilities and not yet eligible for quality assurance, food safety in the range of local-level management.

d) systematic storage of records related to statistics, activity auditing, reviews the classification of manufacturing establishments in the scope by decentralized management on the district level.

periodic) 6, 7 times, reports of specialized management agencies in the Department of agriculture and rural development, the provinces and cities under central results statistics, test, evaluate, categorize and handle breach of conditions to ensure the quality and safety of food manufacturing establishments in the scope of local-level management.

3. a township-level people's committees) examine, evaluate the classification to the business premises agricultural materials and products of agriculture and forestry aquatic products by district level certificate of business registration close in geographical level.


b) public notice list of business establishments are eligible and not eligible for quality assurance, food safety.

c) storage systems of records related to statistics, activity auditing, reviews the classification of business establishments in the scope by decentralized management on the social level.

d) Jan. 6th periodic report, professional body in the people's committees at district level results statistics, test, evaluate, categorize and handle breach of the condition to ensure food safety, quality of the local business establishments in the scope of supply management.

Article 19. The production facilities, agricultural materials business and Agriculture and forestry fishery products 1. Competent person layout represents the basis for working with Group check.

2. Create conditions for inspection, sampling inspection; provide full information, specimens, records, relevant documents according to the requirements of the test Group.

3. Fix for wrong full error stated in the minutes of the examination and submit a report in writing on the Agency to check the correct time limit stated in the minutes of the test.

4. The filing fee, examination fee as prescribed.

5. Withdrawal, processed products does not guarantee the quality, food safety according to the rules.

6. Is entitled to complain to the Agency examined in the case do not agree with the test results of the test.

Article 20. Head of the delegation, check Member 1. A crew chief) and directed the members of the delegation test done right the content was recorded in the inspection decision.

b) ensure objectivity, accuracy and honesty in the screening process.

c) sign checks, report the test results, responsible to the heads test and before the law about the test results by the inspection Group.

d) launched the final conclusions of the delegation checking on test results.

DD) security of information relating to production and business secrets of the base are security checks and test results when no recognized and reported test results of the test.

2. Check the Member: a. check for conformity assessment, the conditions of production, the business of institutions from the regulations, the relevant technical regulation.

b. implementation of the content of the work as assigned by the head of the test Group.

c. compliance with the correct sequence, procedure, test method, sampling; to ensure objectivity, accuracy, honesty in carrying out the inspection, sampling.

d. be responsible and report the results of the work was assigned to Head the delegation.

sync information security related to production and business secrets of the base are security checks and test results when no recognized and reported test results of the test.

Chapter IV article 21 ENFORCEMENT TERMS. Effective enforcement of this circular effect after 45 days from the date issued.

Article 22. Additional amendments In the implementation process, if there are difficulties and obstacles, which reports to the Ministry of agriculture and rural development to review, amend, Supplement.