The DECREE regulates the organizational management, inspection and testing of safety and hygiene of food _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Basing the Ordinance on food safety, July 26, 2003;
Pursuant to Decree No. 188/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of health;
Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
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;
Considering the recommendation of the Minister of the Interior and the Minister of health. 
DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the organizational management, inspection and testing of food safety from the central to local levels.
2. This Decree shall apply to the Agency, organization, management, inspection, testing on hygiene and food safety agencies, organizations and individuals, Vietnam, agency, organization, foreign individuals have activities related to food safety.
Article 2. The scope of the governance of the provincial people's Committee, the central cities of food safety 1. The Ministry of health to help the Government implement unified state management functions on hygiene and food safety; chaired the task state management on hygiene and food safety for the products originating in domestic production and imports have become food circulation on the market; do standing interdisciplinary Steering Committee on food safety in the Central and international food Law Committee of Vietnam (Codex Alimentarius Commission Codex Committee, Vietnam).
2. The Ministry of agriculture and rural development, chaired the task state management on hygiene and food safety with regard to agriculture, forestry, fisheries and salt in production process from the cultivation, harvesting, breeding, fishing, animal slaughtering, processing, packing, storage shipping, until the food was brought out in the domestic market or for export; in the safety of imported animals, plants, materials used for breeding, growing, processing or temporary export, re-export import re import, transfer, transit, street lend Vietnam territory.
3. Industry chaired the task state management on food safety for food products throughout the production process of the processing facilities in the scope of the Ministry of State administration from entering the raw material for the processing, packaging, storage, transport to when the product is launched on the domestic market or for export.
4. The Ministry of science and technology evaluation and publication of national standards on food safety, assess the national technical regulation on hygiene and food safety to the sector Manager; Join test on hygiene and food safety.
5. Ministry of environmental resources and the task state management of environmental protection in production, the food business.
6. the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) the governance of food safety and hygiene in decentralization and as prescribed by law. 
Chapter II ORGANIZATION of the SYSTEM of MANAGEMENT of SAFETY of FOOD SANITATION article 3. The State Management Agency on food safety and hygiene in the Central 1. Food Safety Bureau under the Ministry of health staff to help the Minister of health governance, law enforcement and make the inspection of food safety within the governance of the order prescribed in article 2 paragraph 1 of this Decree on the nationwide and the assignment of specific Ministries.
2. Quality Management Bureau of agriculture and forestry production and fisheries, in cooperation with the relevant units of the Ministry of agriculture and rural development staff help the Minister of agriculture and rural development, governance, law enforcement and make the inspection of food safety within the scope of the governance provisions in clause 2 article 2 This Decree on the nationwide and the assignment of specific Ministries.
3. The science and Technology Department of the Ministry of industry and trade to help staff the Minister for industry and trade made the task of governance of food safety and hygiene within the governance of the provisions in paragraph 3 article 2 of this Decree on the nationwide and the assignment of specific Ministries.
4. General Directorate for standards and quality of the Ministry of science and technology advisors help the Minister of science and technology to perform the tasks in the scope of the governance provisions in clause 4 2 of this Decree on the nationwide and the assignment of specific Ministries.
5. The General Department of the Environment Department of the Ministry of natural resources and the environment staff help the Minister of natural resources and environment, the task state management of environmental protection related to manufacturing, food business within the scope of the governance provisions in clause 5 article 2 of this Decree on the nationwide and the assignment of specific Ministries.
Article 4. The Agency helps provincial people's Committee in the governance of food safety 1. Department of health: a) the Chief of the provincial people's Committee to help the governance of food safety and hygiene according to the hierarchy and under the provisions of the law on the provincial level; do standing interdisciplinary Steering Committee on food safety and hygiene;
b) Bureau of food safety directly under the Department of health to help law enforcement Department Director and perform specialized inspections on food hygiene and safety in the province level.
Bureau of food safety under the guidance of professional service of food safety Bureau under the Ministry of health;
c) provincial peoples Committee specified the functions, duties, powers, organizational structure and staffing of the Bureau of food safety under the guidance of the State Agency. 
2. The Department of agriculture and rural development: a) the Chief of the provincial people's Committee to help the governance of food safety and hygiene on the provincial level for the sector, sectors: agriculture, forestry, fisheries and salt according to the hierarchy and under the provisions of the law throughout the production process from when importing animals , plant, raw materials (used for breeding, growing, processing), breeding, planting, harvesting, fishing, mining, slaughtering, processing, storage, transport to when the food was brought out in the domestic market or for export;
b) Bureau or quality assurance products and aquatic products in the Department of agriculture and rural development, in cooperation with the relevant units in the Department that helps law enforcement Department Director and perform specialized inspections on food hygiene and safety in the province level and the direction of professional , of specialized Bureau under the Ministry of agriculture and rural development;
c) provincial peoples Committee specified the functions, duties, powers, organizational structure and staffing of the institutions specified in point b of this clause under the guidance of the State Agency.
3. The Department of industry and trade to help the Chief provincial people's Committee in the governance of food safety and hygiene on the province level for food processing establishments in the locality according to the hierarchy and under the provisions of the law throughout the production process from raw material input to processing , packaged, preserved, transported to when the food was brought out in the domestic market or for export.
4. Science and technology: a) the Chief of the provincial people's Committee to help implement the national standards, national technical regulation on hygiene and food safety on the provincial level;
b) Bureau of quality assurance in the Department of science and technology help Director duties on food safety as stipulated by the law and follow the instructions on the professional service of the General Directorate for standards and quality on the provincial level.
5. The Department of natural resources and the environment: a) the Chief of the provincial people's Committee to help implement environmental control measures in production, the food business on the provincial level;
b) environmental protection Bureau in the Department of natural resources and the environment helps Director made the task of controlling the environment in production, the food business on the provincial level as stipulated by the law and follow the instructions on the professional service of the General Directorate of the environment.
Article 5. The Agency helps people's Committee of the district, County, city, town in the governance of food safety 1. Medical Department of the people's Committee of the district, County, city, town in the province (hereinafter referred to as district level) Chief of district-level people's committees help the governance of food safety and hygiene on the district level.
2. Agriculture and rural development in the districts and economic Rooms in the County, town or city in the Chief of the people's Committee at district level to help implement the provisions of the law on food safety in the process of breeding, planting, harvesting, fishing, slaughtering, processing , preservation, shipping to when the food was brought to market in the district level.
3. environmental and Resource Room staff-level people's committees help accomplish environmental control measures in production, the food business on the district level.
Article 6. The duties and powers of State management of food safety and hygiene Committee of the people's communes, wards and towns (hereinafter referred to as the social level) 1. Implementation of the plan, the programme of food safety and hygiene on the area under the direction of township-level people's Committee at district level.
2. Advocacy, mobilization and checking, monitoring implementation of the provisions of the law on food safety in the process of planting, breeding, slaughter, processing, storage, transportation, circulation, use food; street food, hygiene, tourism markets, festivals, bars, restaurant on the town level.

3. social clinics, vets, plant protection and other related professional titles help the people's Committee of social tasks on hygiene and food safety on the social level under the guidance of the State administration.
Chapter III ORGANIZATION of the INSPECTION of FOOD HYGIENE and SAFETY article 7. Inspection of food hygiene and safety in the healthcare industry 1. Inspection of food hygiene and safety in the food safety Bureau (hereafter referred to as the Inspector of the Bureau) helps the Chief tasks of administrative inspection powers and specialized inspection of food safety within the governance of the Ministry of health.
2. content of specialized inspection of food safety: a) the implementation of the standards and technical regulation on hygiene and food safety for food manufacturing and imports are circulating on the market;
b) compliance with the hygiene conditions of food safety for high risk food; food preservation by irradiation method and limit the dose of irradiation; food use gene technology; food additives, food processing and support the food has direct impact to human health;
c) complying with the conditions of hygiene and food safety in the processing and use of food and toiletries for dining with restaurants, hotels, supermarkets, food, street food;
d) qualified compliance food safety hygiene of production facilities, functional food business, food enhances micro-nutrients, food supplements, food additives, natural mineral water, cigarettes;
DD) the advertising content of foods, food additives;
e) The tested food hygiene and safety.
3. Organization of Bureau of inspection: a) the Inspector has inspected, the Chief of Bureau Deputy Chief Inspector and inspectors.
The Chief Inspector of the Department by the Minister of Health appointed, dismissed from his post, according to the proposal of Bureau Chief after the Chief Inspector with comments. Associate Chief Justice appointed by the Chief Inspector, dismissed from Office, as proposed by the Chief Inspector of the Department. The appointment, dismissing the inspectors made under the provisions of the law;
b) pursuant to the provisions of the current law, the Minister of health of specific provisions on the Organization, staffing, working relationships of the Inspector of the Bureau; regulations, policies, costumes, badges, insignia, inspection forms, signage, modes of conduct inspections and ensure vehicles, technical equipment for inspectors.
Article 8. Inspection of food hygiene and safety in the agricultural sector and rural development 1. The quality management Department of agriculture forestry and fisheries and some related Bureau under the Ministry of agriculture and rural development has held the inspection (hereinafter referred to as the Inspector of the Bureau), help the Chief tasks of administrative inspection powers and specialized inspection of food safety within the State administration by the Ministry of agriculture and rural development. delivered to the Department. 2. Content inspection on food safety in agriculture and rural development: a) the application of the system of managing food safety: good manufacturing practices (Good Manufacturing Practices-GMP), good farming practice rules (Good Aquaculture Practices – GAP), responsible farming rules (Code of Conduct-CoC) , good hygiene practices (Good Hygien Practices-GHP) and risk analysis systems and control of critical points (Hazard Analysis and Critical Control Point-HACCP) in the production, processing, transportation and hygiene management systems of food safety;
b) Survive the antibiotic residue, toxic chemicals and pathogens to animals, plants in agricultural, forestry, fisheries, salt before the harvest in the processing, preservation, processing, shipping; control of slaughter animals and veterinary sanitation;
c) implementing technical standards of quality and food safety, safety, safety environmental disease in production, storage, processing before the circulation on the market;
d) The hygienic conditions of food safety with respect to the base, the region of aquaculture, harvesting, transport, procurement, preservation, processing, processing agricultural products, forest products, fisheries and salt;
DD) The certificates of quality, hygiene and food safety with regard to agricultural products, forestry, fisheries and salt import, products manufactured in the country for processing before export, consumption in the range of State management;
e) The quarantine certificates for the shipment (live animals or plant and animal products are at risk of carrying the pathogen) exported, imported for aquaculture, processing or temporary export, re-export import re import, transfer, transit, street lend Vietnam territory and roaming in the country; check out the import or domestic production of food, veterinary drugs, fertilizers, chemical use in livestock, horticulture, agriculture, forestry, fisheries and salt according to hierarchy.
3. Organization of Bureau of inspection: a) the Inspector has inspected, the Chief of Bureau Deputy Chief Inspector and inspectors.
The Chief Inspector of the Department by the Minister of agriculture and rural development appointed, dismissed from his post, according to the proposal of Bureau Chief after the Chief Inspector with comments. Associate Chief Justice appointed by the Chief Inspector, dismissed from Office, as proposed by the Chief Inspector of the Department. The appointment, dismissing the inspectors made under the provisions of the law;
b) pursuant to the provisions of the current law, the Minister of agriculture and rural development, specific provisions on the Organization, staffing, working relationships of the Inspector of the Bureau; regulations, policies, costumes, badges, insignia, inspection forms, signage, modes of conduct inspections and ensure vehicles, technical equipment for inspectors.
Article 9. The duties and powers of Inspection Directorate 1. Participate in building the legal text about ensuring the food safety and inspection, complaints, accusations, the prevention of corruption.
2. Reviewing, amending and supplementing recommendations the policy, laws on food safety and hygiene.
3. Inspect the observance of the provisions of the legislation on food safety.
4. decision sanctioning administrative violations in the field of food safety and hygiene according to the provisions of the law.
5. Guides, professional training of specialized inspection for food safety inspection specialized in food safety in the online; propaganda, disseminated the text of the law of the State in relation to the work to ensure food safety.
6. further work on a permanent citizen; Prevention of corruption Bureau under the rules.
7. the inspection by the Bureau Chief; perform a number of tasks, other rights prescribed by law.
Article 10. Duties, powers of Chief Inspector of the Bureau 1. Leadership, directs inspection within the scope of the governance by the Department responsible.
2. Build program, the Inspector grade planning authority for approval and implementation of programs, plans.
3. Recommendations Chief review, temporary suspension or petitioning authority to suspend unlawful behavior on hygiene and food safety for the agencies, organizations, individuals in accordance with enough bases to determine the acts that cause damage to the interests of the State, the legitimate rights and interests of citizens or interfere with the work of inspectors.
4. Conclusions on the content inspector after the Inspector results report of the Inspector, the Director decided to handle after the inspection.
5. Help the Chief monitor, test, urging implementation of the conclusions, recommendations, decisions about the handling of the Ombudsman's Inspection Department and other related agencies.
6. decision on sanctioning administrative violations in the field of food safety and hygiene according to the provisions of the law.
7. Bureau Chief recommendations to solve the problem of the inspection. The Chief Inspector reports on inspection, resolving complaints, accusations and prevention of corruption within his responsibility.
8. Perform a number of tasks, other rights prescribed by law.
Article 11. The Inspection Bureau 1. Bureau of food safety and hygiene in the Health Department, helps the Bureau inspected major duties and powers the specialized inspection within the scope of the duties and powers of the Agency. 2. The quality management Department of agriculture forestry and fisheries and the related Bureau in the Department of agriculture and rural development have inspectors, helping the Bureau Chief duties, specialized inspection powers within the scope of the duties and powers of the Bureau. With regard to the Department of agriculture and rural development is not established, the Bureau inspection done task bar specialized test on hygiene and food safety.
3. Inspection Bureau has a Chief Inspector, Deputy Chief Inspector, Inspector. The titles above are appointed, dismissed under the provisions of the law.
4. Inspection Bureau under the direction of the Director, subject to the direction, guidance on the work of the Ombudsman profession and specialization of inspection and Inspection Bureau.
5. The establishment of the inspection by the Bureau Director decided the proposal of Bureau Chief after the Chief Inspector, with the Department.
Article 12. The duties and powers of the Ombudsman Bureau 1. Inspection of the observance of rules, processes, technical standards, production conditions, the Agency's food business, organizations and individuals in the field of governance. 2. Sanctioning administrative violations in accordance with the law.
3. Help Chi Chief Instructor, made the task of resolving complaints, accusations under the authority of the Chief Bureau under the provisions of the law on complaints and denunciations; corruption prevention in the scope of management of the Agency. 4. Report the results of the inspection, the resolution of complaints, accusations and corruption prevention in the scope of management according to the rules.
5. the inspection by the Director of Department and Bureau Chief.
Article 13. Duties, powers the Chief Inspector of the Bureau

1. Directs the inspection of food hygiene and safety in the scope of management. 2. Building inspection plan to the authority for approval and implementation.
3. The Bureau recommended to Chief Director decided the Inspector when detected signs of violating laws on the field by the Bureau management.
4. Sanctioning administrative violations in accordance with the law.
5. Report to the Director, Director of the Department of inspection, the resolution of complaints, accusations and the prevention of corruption in the scope, responsibilities.
Article 14. Inspectors 1. Inspectors are public servants of the State, whether the Ombudsman was appointed to perform the tasks of administrative inspection and inspection at the inspection agency food safety and hygiene. The servant expertise on food safety is improving on the Inspector, eligible for appointment as inspectors part-time.
2. Inspectors duties and powers stipulated in article 40 and article 50 of the law on the Ombudsman and other rights, duties under the provisions of the law.
3. the inspectors are recruited, appointment, dismissal, and inspectors enjoy the card mode, the policy under the provisions of the law.
4. In addition to the General provisions on the conditions and standards of the inspectors under the provisions of the Ombudsman Act, Decree No. 100/2007/ND-CP on 13 June 2007 by the Government surveyor, Inspector collaborators, inspectors must meet these conditions, different standards consistent with the industry by sector, the Minister of health, Minister of agriculture and rural development regulations.
Article 15. Collaborators inspection 1. The Inspector is the collaborator on inspection duty assignments at the request of the Chief Inspector of the grant or the heads of State bodies are competent to perform the duty Inspector.
2. Inspector collaborators must have good political qualities; have a sense of responsibility, honesty, objectivity, justice; having the professionalism, professional inspection tasks fit.
3. Partners enjoy mode, the policy as defined in article 19 of Decree 100/2007/ND-CP on 13 June 2007 by the Government surveyor, collaborators and other legal texts concerned.
Article 16. Pilot inspection organization food safety level, districts and communes, wards and towns level the Ministry of Interior, in coordination with the Ministry of health, Ministry of agriculture and rural development, drafting, submission to the Prime Minister in 2009 draft decision established the inspection of food safety level the district and the communes, wards, town in the city of Hanoi, Ho Chi Minh City and some provinces and cities under central. 
Chapter IV ORGANIZATION SYSTEM TESTED FOOD HYGIENE SAFETY article 17. The system safety testing organization food hygiene 1. Establishment of Institute of food safety directly under the National Ministry of health on the basis of testing centre in food safety Nutrition Institute.
Institute of food safety mission national referee and assess the capacity of the laboratory of food safety across the nation; tested food hygiene and safety in the North; tested tough, complex indicators exceed the technical capabilities of the local; training, coaching, directing, technical guide testing food safety and risk assessment of food safety and hygiene.
2. Establishment of the testing centre food hygiene safety areas on nationwide; ahead is the testing centre for food safety areas prescribed in point b item 2 Item II of the Government's action program implemented resolution No. 46/NQ-TW on Feb. 23, 2005 of the Politburo on the protection, care and improve the health of the people in the new situation attached to decision No. 243/2005/QD-TTg on 04 in October 2005 by the Prime Minister.
3. The testing centre, Ministry of agriculture and rural development, the Ministry of science and technology made the task of examining the State and tested on hygiene and food safety; testing services for organizations and individuals within the governance of the Ministry.
4. The laboratory of the Centre for preventive medicine, Center for testing pharmaceutical products, cosmetics and food safety directly under the Department of health, the laboratory of the Health Center at district level, if eligible under regulations made the task of testing the State management of food safety and testing services for organizations , personally.
5. The testing centre, the laboratory of the scientific research institutes, universities, colleges, academies, colleges, private laboratories are eligible under the provisions of the legislation be undertaken the service test on hygiene and food safety for the Organization , personally. 
Chapter V RESPONSIBILITIES of ministries, MINISTERIAL-LEVEL AGENCIES and the PROVINCIAL PEOPLE'S COMMITTEE in Article 18. The responsibilities of the Ministry 1. Ministry of health: a) The Prime Institute decided to establish safe national food hygiene as stipulated in clause 1 article 17 of this Decree;
b) decided to establish under the authority and provisions, functions, duties, powers, organizational structure and staffing of the test center food safety areas prescribed in clause 2 article 17 of this Decree;
c) Guide on professional service for the Bureau of food safety and hygiene in the Health Department and officers, public officials, employees and management, inspection, testing and food safety;
d) defined the conditions of the facilities, the equipment; standards of competence of officers, officers of the Organization be active testing services, test food safety;
DD) coordination with the Finance Ministry and relevant agencies to build the financial mechanisms for the management of operations, testing, inspection, testing and food safety to the Ministry of Finance issued by the authority or the Prime Minister;
e) presided, in collaboration with the Government Inspector, the home inspection profession training for officials and servants of the institutions management, inspection, inspection of food hygiene and safety in the country.
2. The Ministry of agriculture and rural development: a) a guide on professional service for the Bureau or Department products quality management and fisheries and the Department concerned about food safety in the Department of agriculture and rural development and public officers employees do the management, inspection, testing and food safety;
b) regulating the management task of testing the testing organization in the agricultural sector and rural development.
3. Ministry of industry and trade: a) presiding, in coordination with the Health Ministry instructed the fair management, fair management business made the provisions of the legislation on food hygiene and safety in the market;
b) Guide and steer market management organization levels, in coordination with the State management organization specialized in the inspection, the inspection provisions of the legislation on food safety.
4. The Ministry of science and technology: direct the General Directorate for standards and quality in collaboration with the State Management Agency specialized in the implementation of national standards, national technical regulation on hygiene and food safety.
5. Ministry of natural resources and environment: environment administration directs implementation of policies and legislation on environmental protection in production, the food business.
6. The Ministry of Finance: a) presiding, in cooperation with the Ministry of health and the Ministry of construction related, issued under the authority or the Prime Minister issued the financial mechanisms for the active management of the inspection, test, testing food safety and hygiene;
b) direction Of the Bureau of customs, in coordination with the State management organization specialized in implementation of the provisions of the law on food safety for animals, plants, food and food additives import, export, re-export, import export temp re enter, transit , borrow road.
7. Government: inspectors, in cooperation with the Department of health guidance on costumes, badges, insignia, signs, tags and inspection process, the procedure of appointment of inspectors and food safety.
8. The Ministry of the Interior: the Payroll Administration working on food safety for The provincial people's Committee, after approval by the Prime Minister.
Article 19. The responsibility of the provincial people's Committee 1. Perfecting the organization management, inspection and testing of food safety and hygiene on the provincial level as stipulated in this Decree. 
2. Make sure the payroll for the institutions in charge of food safety.
3. Directs the specialized agencies in the provincial people's committees and the people's committees at district level, the social level to implement the provisions of this Decree and the regulations of other related laws on food safety and hygiene in the scope of local responsibility.
Chapter VI PROVISIONS Enacted 20. Effect 1. The Decree has effect after 15 days from the date The report.
2. Annuls the previous provisions contrary to this Decree.
Article 21. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, is responsible for the implementation of this Decree.