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Circular No. 25/2009/tt-Bnnptnt: A Guide To The Inspection Of Food Hygiene And Safety For Goods Of Animal Origin Import

Original Language Title: Thông tư 25/2010/TT-BNNPTNT: Hướng dẫn việc kiểm tra vệ sinh an toàn thực phẩm đối với hàng hóa có nguồn gốc động vật nhập khẩu

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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 of March 1, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;

The French base food safety order No. 12/2003/PL-UBTVQH Committee was passed by Congress on July 26, 2003;

The base veterinary Ordinance No. 18/2004/PL UBTVQH-be National Assembly Committee passed on 29 April 2004;

Pursuant to Decree No. 163/2004/ND-CP dated 7 September 2004 from the Government detailing the implementation of a number of articles of the Ordinance on food hygiene and safety;

Pursuant to Decree No. 79/2008/ND-CP on July 18, 2008 by government regulations governing system, inspection and testing of food hygiene and safety;

Pursuant to Decree No. 32/2005/ND-CP dated 15 March 2005 of the Government regulations detailing the implementation of a number of articles of the Ordinance on veterinary medicine; Decree No. 119/2008/ND-CP on November 28, 2008 the Government's amendments and supplements to some articles of the Decree No. 32/2005/ND-CP dated 15 March 2005 of the Government regulations detailing the implementation of a number of articles of the Ordinance on veterinary medicine;

The Ministry of agriculture and rural development guidelines in testing food safety and hygiene goods of animal origin import in the scope of management of the Ministry of agriculture and rural development as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. This circular guide checking food safety hygiene of animal origin goods imported in the scope of management of the Ministry of agriculture and rural development include: terrestrial animal products used for food; aquatic animal products used for food; the responsibilities and powers of the parties concerned.

2. This circular does not regulate the content of regulations related to the quarantine of animals and animal products.

Article 2: object applied to this circular apply to organizations and individuals in and outside the country have production operations, trading goods of animal origin food imported into Vietnam.

Article 3. The goods of animal origin must not import FOOD HYGIENE inspection: 1. Goods carried for personal consumption, food as gifts, the diplomatic bag, the bag under the provisions of the law;

2. Goods in transit;

3. Goods sent bonded.

Article 4. Explanation of terms In this circular, the terms below are interpreted as follows: 1. food safety: Are the conditions and measures necessary to ensure that the food is not harmful to the health, life of the user.

2. Check the control system of food hygiene and safety: is the test text system regulations, organization and competence of the Agency control of hygiene and food safety of the country of export.

3. Import: Is the amount of the registered products once test.

4. Shipment check: Is the same type of goods, of the same production facilities business, be sign-up check once.

Article 5. Requirements for imports 1. Must be produced by business establishments are competent authorities of Vietnam meet accreditation requirements for ensuring FOOD HYGIENE pursuant to Vietnam;

2. Each import shipment must be accompanied by the certificates meet FOOD HYGIENE regulations by the competent authority of the exporting country (except aquatic products by the foreign fishing vessel make catching and processing sea sold directly for Vietnam);

3. Import just been put into production or consumption in Vietnam after Vietnam's Inspection Agency implemented check at the gate or where links and issued a certificate or notification of unsatisfactory FSH.

Article 6. Principle of the test 1. Perform test water for export: test control system of FOOD HYGIENE and FOOD HYGIENE guarantee conditions of production and business establishments registered to export to Vietnam;

2. All consignments of food of animal origin import must be checked registration records, test, sensory. The sampling analysis of FOOD HYGIENE norms to be applied as defined in article 14 of this circular.

Article 7. Check the base 1. Pursuant to the test is the rule of Vietnam, national technical regulation concerned respectively with each type of production facility, product or group of products registered for export to Vietnam.

2. in case of Vietnam have signed the agreement, a bilateral agreement with the exporting countries in accordance with the international treaties to which Vietnam has signed.

Article 8. Inspection and monitoring bodies 1. Inspection Agency in the country of export: the quality management Department of agriculture forestry and fisheries, in coordination with the Department of animal health and related agencies.

2. inspection bodies at the gate: the unit in the Department of animal health or veterinary Department has authorized.

3. inspection bodies at the place of gathering and certification or notice of FOOD HYGIENE and quality: a. with respect to the goods is the terrestrial animal products: animal health units or be authorized veterinary Bureau.

b. with respect to the goods is the aquatic animal products: the units in the Department of management of the quality of agricultural production and fisheries or the quality management Department of agriculture forestry and fisheries authorization.

4. inspection bodies, monitoring of products circulating on the market: a. The veterinary Bureau of the province, the city of centrally implemented check monitor the shipment of animal products imported on land within the framework of the monitoring programmes are specified in circular No. 05/2009/TT-BNNPTNT on 22/01/2010 of the Ministry of agriculture and rural development working instructions check the monitoring food safety in agricultural products before making the market.

b. The quality management Department of agriculture forestry and Fisheries Department, city in Central or unit is the Department of agriculture and rural development, the city of centrally delivered quality management products and aquatic products perform supervision of commodities is the aquatic animal products imported within the framework of the monitoring program are specified in the Media investment of 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.

Chapter II HYGIENE INSPECTION of FOOD SAFETY for the EXPORTER of article 9. Registration authorities exporter submit registration documents of quality administration products and aquatic products including:-list of production and business establishments registered to export to Vietnam according to the form prescribed in annex 1 attached herewith;

-Information on the management system and the capacity of the authorities of the exporting countries about FOOD HYGIENE and control according to the form prescribed in Appendix 2 attached to this circular;

-Summary information about the condition of ensuring food safety of production and business establishments according to the form prescribed in Appendix 3 attached to this circular.

Article 10. Verify registration documents within the time limit of 30 working days from the receipt of the full application of the list of business facilities, authorities, exporter of quality management Bureau of agriculture and forestry production and fisheries coordinated with health profile assessment implementation , notify the competent authority of export countries results verify and test plans in case necessary check water for export to Vietnam.

Article 11. Content checking 1. Legal system of management and control in food safety;

2. The capacity of regulators HYGIENE and water exports;

3. ensuring FOOD HYGIENE conditions of production and business establishments registered to export to Vietnam.

Article 12. Test method 1. First test: make test for control system of FOOD HYGIENE and FOOD HYGIENE guarantee conditions the production facility of the export business to be accredited for export to Vietnam.

2. check monitoring: perform checking the maintenance of HYGIENE and control system of water exports and ensure FOOD HYGIENE conditions of production and business establishments have been recognized.

Article 13. Processing of test results and announced a list of production and business establishments are allowed to export to Vietnam 1. The case does not need to perform the actual test water for export to Vietnam, quality management Bureau of agriculture and forestry and fisheries announced the results, accompanied by a list of production and business establishments are allowed to export goods into Vietnam.

2. where necessary to check water for export, within 30 working days from the date of the examination in the country of export quality management, Department of agriculture and forestry and fisheries processing of test results and report results check the attached list of production and business establishments are allowed to export goods into Vietnam.

The case of the test results is not yet fully meet the requirements under the regulations, quality management Bureau of agriculture and forestry and fisheries notice and stating the specific reason the case has not yet been allowed to export goods into Vietnam.

3. In the case of additional suggested list of business establishments exporting goods into Vietnam, authorities sent exporter profile as specified in article 9 of this circular to the competent authorities of Vietnam consider (examine records or reality checks in the country of export) for additions to the list of production and business establishments are allowed to export goods into Vietnam.

Chapter III HYGIENE INSPECTION of FOOD SAFETY IMPORT article 14 in VIETNAM. The content, sequence and test procedures


1. for consignments of animal products and aquatic products: as defined in decision No 118/2008/QD-BNN on 11/12/2008 of the Ministry of agriculture and rural development Bylaw issued checks, quality certification, food safety and sanitation aquatic goods; Circular No. 78/2009/TT-BNNPTNT on 10/12/2009 by Ministry of agriculture and rural development regulation on inspection and testing sample shipment of fisheries law and regulations concerned.

2. With regard to the shipment of products of animals on land: as defined in decision No 86/2005/QD-BNN on December 26, 2005 of the Ministry of agriculture and rural development issued quarantine profile samples of animals, animal products, sanitary veterinary examination, decision No. 15/2006/QD-BNN on 8/3/2006 of the Ministry of agriculture and rural development rules of the process procedure of the quarantine of animals, animal products, veterinary hygiene inspection; Circular No. 12/2009/TT-BKHCN on 4/3/2009 of the Ministry of agriculture and rural development amending, supplementing a number of articles on the process and procedure of the quarantine of animals, animal products, veterinary hygiene inspection issued decision No. 15/2006/QD-BNN on 8/3/2006 of the Ministry of agriculture and rural development and the legal provisions concerned.

Article 15. Content monitoring checks the goods traffic on the market 1. Check the source of the shipment;

2. check condition of preservation, san chia, the packing, the circulation on the market.

3. send samples specified testing agency analysis of FOOD HYGIENE standards when detected signs of violation, or when there is doubt about food safety or upon request of the Department of management disciplines.

Chapter IV MEASURES to HANDLE the CASES of VIOLATION of REGULATIONS on FOOD SAFETY article 16: for shipment 1. Depending on the degree of violation of regulations on FOOD HYGIENE will be dealt with according to the law and apply the appropriate remedies, such as forcing the re-export or destruction.

2. Inform the competent authority of export countries asked to investigate the cause and remedy.

Article 17: for production and business establishments 1. Suspension of export to Vietnam for production and business establishments have test results of monitoring the condition of ensuring food safety of production and business establishments do not meet the regulations of Vietnam.

2. production and business establishments are allowed to export back to Vietnam if monitoring test results then meets the regulations on hygienic conditions of food safety of Vietnam.

Article 18: water for export 1. Suspension of import of products for export in case the monitoring test results showed that FOOD HYGIENE and control system of the exporter does not comply with the regulations of Vietnam.

2. Allow the exporter exported goods back into Vietnam in case the monitoring test results then shows the control system of FOOD HYGIENE of the exporter meets the regulatory content of Vietnam.

Chapter V fees and EXPENSE of IMPLEMENTING article 19. Of fees 1. The Agency check the gate: implementation of fees check to confirm the shipment of import registration according to the regulations of the Ministry of finance.

2. inspection agency certification or notice of FOOD HYGIENE and quality: make test fee and the fee for granting the FOOD HYGIENE and quality notification for imports according to the regulations of the Ministry of finance.

Article 20. Cost of implementation 1. Funding goes to check in the export countries: funding go check in export countries due to the State budget. The quality management Department of agriculture forestry and fisheries is responsible for coordinated with health plans, scheduled funding made annually go check at the exporter level has the authority for approval.

2. The expense of supervision of products circulating on the market: funding to implement supervision of products circulating on the market due to the State budget. The Agency is responsible for monitoring test build planned, scheduled funding made annually, the approval authority.

Chapter VI IMPLEMENTATION article 21. The quality management Department of agriculture forestry and fisheries 1. Focal profile reception on conditions ensuring FOOD HYGIENE business establishments registered exporting goods of animal origin into Vietnam from exporting country authorities; information exchange, plans to check with authorities and the exporting countries The decision to establish Vietnam's inspection group to check out in the country of export;

2. Perform the announced list of production facilities business (water export) qualified ensuring FOOD HYGIENE and the export of goods of animal origin in Vietnam; production facility suspended the export of goods to Vietnam; warning information to authorities about exporting countries the shipment does not ensure FOOD HYGIENE and asked to investigate the cause and take out the remedy.

3. Coordinated with animal health proposed questionnaire construction authorities answered exporter, providing information before exporting to check;

4. Host, building plans, program and implementation of control system of FOOD HYGIENE inspection and manufacturing goods are animal products and aquatic products in the country of export.

5. Steering and monitoring of subdivisions in the FSH test activities and to ensure FOOD HYGIENE certificates or notification of cases of imported shipments not reaching FOOD HYGIENE requirements.

6. the Chairman, in collaboration with the Department of animal health access causes animal origin goods imported as food does not ensure FOOD HYGIENE.

7. Direct the subdivisions according to assigned in collaboration with the relevant authorities handle and monitor the process of implementation with regard to the case does not meet the requirement of FOOD HYGIENE.

8. Guide the quality management Department of agriculture forestry and Fisheries Department, city in Central or unit is performing the Exchange check FOOD HYGIENE surveillance animal product commodities imported fisheries of local circulation.

9. Every year, or irregularly (when required), The report on the situation of FOOD HYGIENE inspection of animal origin goods imported 10. Each year, construction plans and cost estimates for the implementation of the FOOD HYGIENE inspection of goods imported under the assignment for the content not be charge a fee, the Ministry of agriculture and rural development approved, the level of funding.

Article 22. Animal health 1. In collaboration with the Department of management of the quality of agricultural production and Fisheries made inspection control system of FOOD HYGIENE in the country of export.

2. Host implementation reality check production facilities business goods originating on land animals in the country of export.

3. The direction and supervision of the units active in FOOD HYGIENE inspection and certification to ensure FOOD HYGIENE or reported cases of import shipments not reaching FOOD HYGIENE requirements.

4. Coordinate with the quality management Department of agriculture forestry and fisheries performs the access import causes does not ensure FOOD HYGIENE.

5. Cooperation with the Department of management of the quality of agricultural production and Fisheries made announced the list of business establishments eligible to ensure FOOD HYGIENE and the export of goods to Vietnam; production facility suspended the export of goods of animal origin in Vietnam; warning information to authorities about exporting countries the shipment does not ensure FOOD HYGIENE and asked to investigate the cause and take out the remedy.

6. Direct the subdivisions according to assigned in collaboration with the relevant authorities handle and monitor the process of implementation.

7. Guide the veterinary Bureau of the province, the city of centrally implement FOOD HYGIENE supervision inspection of food commodities of animal origin on import viaduct of local circulation.

8. Every year, or irregularly (when requested), delivered a report test results, certificates, announcements about HYGIENE and quality goods of the quality management Department of agriculture forestry and fisheries for The report.

9. Every year, construction plans and cost estimates for the implementation of the FOOD HYGIENE inspection of goods imported under the assignment for the content not be charge a fee, the Ministry of agriculture and rural development approved, the level of funding.

Article 23. The Department of agriculture and rural development, the provinces and cities under central 1. Bureau of animal health, quality management Bureau of agriculture and forestry production and Fisheries Department, city in Central or unit is Exchange made the FOOD HYGIENE supervision of animal origin cargo import traffic on the area under the guidance of the Department of management disciplines.

2. Direct the subdivisions according to assigned in collaboration with the relevant authorities handle (destruction, re-export) and monitor the process of implementation.

3. Annually, or irregularly (when required), the test result report FOOD HYGIENE surveillance for goods is terrestrial animal products used for food of animal health; the goods are the product of aquatic animals used as food on the quality management Department of agriculture forestry and fisheries for The report.

4. Every year, construction plans and cost estimates for the implementation of the FOOD HYGIENE supervision inspection for goods of animal origin imported by the process of the approval authority, the provision of funds.

Article 24. Responsibility of: 1. to facilitate the Agency's officers to inspect, supervise inspection mission, sample analysis, monitoring of goods according to the regulation.

2. Only to be taken out of circulation after the shipments have certification or satisfactory quality of the FSH level by the competent authority as required.

3. Accept the decision process (destruction, re-export) and subject to the supervision of the competent authority.

4. Provide records, specimens relating to inspection, service traceability;

5. The filing fee and the fee for the test according to the regulations of the Ministry of finance and the payment of the actual cost of handling the shipment did not meet HYGIENE requirements.

Article 25. The responsibilities of the inspection in the country of export:


1. Make sure the system control of FSH and FSH guarantee conditions of the production base of export business after the Ministry of agriculture and rural development decision established the test group.

2. Cooperation with the authorities of the exporting countries implemented the contents checked.

3. report results check the control system of FOOD HYGIENE, business facilities, food of animal origin by the exporter to the Ministry of agriculture and rural development at the latest 15 days after the end of inspection in the country of export.

Chapter VII ENFORCEMENT PROVISIONS Article 26. Effective enforcement of this circular are effective from July 1, 2010.

Article 27. 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.