ORDINANCE on food safety---------------To protect life, human health, maintain and develop the breed varieties, enhance the effect the governance of food safety and hygiene;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the National Assembly session, 10 X Key;
Pursuant to resolution No. 12/2002/QH11 on December 16, 2002 by Congress, 2 session XI Courses on the program of building laws and ordinances of the Parliament Lock POKER term (2002-2007 and in 2003;
This Ordinance regulates the food safety and hygiene, Chapter 1: GENERAL PROVISIONS article 1. This Ordinance stipulates the assurance of food safety and hygiene in the production process, the food business; prevent, overcome food poisoning and diseases transmitted through food.
Article 2. Organizations, households, individuals, organizations, Vietnam foreign individuals produce, food business on the territory of Vietnam are subject to the provisions of this Ordinance and the provisions of relevant laws. The case of the international treaties to which the Socialist Republic of Vietnam signed or joined other provisions with the provisions of this Ordinance shall apply international treaties that article 3. In this Ordinance, the terms below are interpreted as follows: 1. The food is the product that people eat, drink, live or through processing, preservation.
2. food hygiene and safety are the conditions and measures necessary to ensure that the food is harmless for health, of human life.
3. Production, the food business is making one, some or all of the active cultivation, animal husbandry, harvesting, catching, processing, packaging, storage, transportation, and food trade.
4. food processing establishments are business, household, food from restaurants and other food processing facility.
5. Food poisoning is a pathological condition caused by eating and drinking foods that contain toxins.
6. Diseases transmitted through food is sick by eating, drinking infected food pathogens.
7. food additives are substances with or without nutritional value added food ingredients during processing, handling, packing, transporting food to retain or improve certain characteristics of the food.
8. Assist the food processing is used during processing of raw material, food or food ingredients to improve the processing technology, food processing.
9. Micro-nutrients are vitamins, minerals have low concentrations necessary for growth, development and maintain the life of the human body.
10. Functional food is food that used to support the activities of the Division in the body, have touched the body, giving the nutrition status of comfort and reduce the risk of disease.
11. high risk food is the food most likely being the biological, chemical, physical intrusion affect the health of consumers.
12. Food preservation by irradiation methods as food was irradiated by radioactive sources are to preserve and prevent the variable nature of the food.
13. is a Gene on the chromosome molecules whose role determines the genetic properties of 14. The food has been modified foods are derived from organisms have genes that have mutated due to the use of gene technology.
Article 4.
1. Food business is business.
2. organizations, households, individual manufacturing, the food business is responsible for the safety of food produced, business.
Article 5.
1. State policy and measures to ensure food safety and hygiene nham, protect the health of humans.
2. the State encourages institutions, households, individuals, organizations, Vietnam foreign individuals produce, food business on the territory of Vietnam applies the system of advanced quality management to ensure food safety.
3. the State creates conditions for expanding international cooperation in the field of ensuring food safety.
Article 6. Vietnam Fatherland Front and the Member organizations in the scope of its powers, duties of responsible advocacy, mobilization of the people perform and supervise the enforcement of laws on food safety and hygiene.
Article 7. Consumers have the right to information on food safety and sanitation options, using the appropriate food; responsible for implementing food safety, protect themselves in consumer food products, fully implementing the guidelines on food hygiene and safety; voluntary reporting of food poisoning and diseases transmitted through food; complaints, accusations, discovered about the violations of the law on food safety to protect the health for yourself and the community.
Article 8. Prohibit the following acts: 1. Cultivation, livestock breeding, fishing, harvesting, processing, packaging, storage, transportation, and food trade contrary to the provisions of the law;
2. The production, business: a) the food was rotten, dirty, thiu always, contamination can cause harm to life, health of human beings;
b) food containing toxins or infectious agent;
c) foods containing pathogenic parasites, pathogenic microorganisms or microbial exceeds the regulation;
d) meat or meat products has not passed veterinary inspections or checks are not satisfactory;
DD) livestock, poultry, aquatic products died of his disease, poisoned or died of unknown causes; Home jewelry processing products, poultry, aquatic products died of his disease, poisoned or died of unknown causes;
e) food contamination caused by packaging, map contained no clean, rupture, torn during shipping;
g) overdue food use;
3. The manufacture, trading animals, plants containing pathogens can be transmitted to humans, animals, plants;
4. Production, food business from raw materials is not a food or chemical list are allowed to use;
5. Production of business, food additive, food processing support, micro-nutrients, functional food, food that has high risk of, foods preserved by irradiation, food has been modified not yet State regulators have the authority to allow;
6. Use of contaminated media, the media is already shipping hazardous materials for transportation of food;
7. The information, advertising, labeling goods untrue or misleading behavior about food safety.
Chapter 2: manufacturing, FOOD BUSINESS ITEM 1. PRODUCE, FRESH FOOD, live BUSINESS article 9. Organizations, households, individuals produce fresh food business, life must ensure where breeding, planting, food trade is not contaminated by the environment around them and to the way the area is likely to cause pollution of the environment, cause food contamination.
Article 10. Organizations, households, individuals produce fresh food business, life must implement measures for waste disposal according to the regulations of the law on the protection of the environment.
Article 11. The use of fertilizers, livestock feed, plant protection drugs, veterinary drugs, food preservatives, growth stimulants, substances that increase the weight, substances and other substances that are related to food safety to comply with the law.
Article 12. Organizations, households, individuals produce, fresh food business, responsibility: 1. Ensuring food produced, business is not contaminated, is preserved in the place clean, isolated from where preserving chemicals, especially bird droppings to toxic chemicals and other sources;
2. Responsible for the origin of food produced, business.
Section 2. FOOD PROCESSING article 13.
1. Where the processing of the Organization's food, households, individuals must be qualified in the area of ensuring food safety.
2. Where food processing must be designed, constructed, installed, operated the required assurance of food safety.
Article 14.
1. The use of raw materials to food processing to ensure safety in accordance with the law.
2. food processing facility must perform all measures to food is not contaminated, contaminated with pathogens can be transmitted to humans, animals, plants.
3. food processing establishments to ensure consistent processing procedures with the provisions of the legislation on food safety.
Article 15.
1. food processing establishments are only allowed to use in food additives, food processing support, micro-nutrients in the category are allowed to use and to use the correct dosage, regulatory limits.
2. The Ministry of health regulations listing substances, food additives and food-processing support, micro-nutrients are allowed to use and dosage, limited use.
Article 16. Organizations, households, individuals in food processing processes have the responsibility: 1. To use the equipment, instrument available surface in direct contact with food are made of materials ensure hygiene requirements of food safety;
2. Use the map contains, packing equipment, instruments, ensure safety and hygiene requirements, non-polluting food;
3. Using the water to food processing regulatory standards;
4. Use the detergents, antiseptic, quality safe detoxification does not adversely affect the health of human life, and does not pollute the environment.
Category 3. PRESERVING, TRANSPORTING FOOD article 17.
1. Food packaging to ensure the required hygiene and food safety, protect food unpolluted and ensuring quality food within the preservation, use and advantages for the label.
2. The packaging in direct contact with food must be tested, tested on hygiene and food safety.
Article 18.
1. organizations, households, individual manufacturing, food business must apply the method of food preservation to ensure food is not damaged, metamorphism, keeping the quality, taste and not adding to the pollution on the food.
2. State administration of food safety guidelines methods of food preservation, regulated dosages preservatives and food storage time for each type of food.
Article 19.
1. The food is preserved by the lack of radiation released on the territory of Vietnam must record on the label by Vietnamese food is preserved by irradiation, or by international and symbols must be State administration authority on food safety for travelling.
2. organizations, households, individuals are only food business was preserved by the method of irradiation in food category are preserved by the method of irradiated and irradiated dose limits prescribed by the law: the Department of Health regulates the food category are preserved by irradiation.
Article 20.
1. The food has been modified or food ingredients containing genetically modified genes wilderness are indicated on the label by Vietnamese as food that has been genetically modified, ben.
2. The Government specifies the management and use of foods have genes that have mutated.
Article 21. Organizations, households, individuals in the process of transporting food to preserve food and the ingredients of the food is not contaminated by biological agents, chemistry, and psychology are not allowed to have in the food, keep the quality, hygiene and food safety to the consumers.
Article 22. Vehicles used to transport food must ensure the following conditions: 1. Be built with materials that do not contaminate food or food packaging;
2. easy clean cleaners;
3. Easily distinguish various foods;
4. Against the pollution, including smoke, dust and infection among food together;
5. Maintain, control the conditions of ensuring food safety in the shipping process.
ITEM 4. Imports, T U KHẨ VND BIL FOOD Article 23. Organisations, households and individuals importing, exporting food, food additive, food processing, support for nutrition, functional food, food that has high risk of, foods preserved by irradiation, food that has been genetically modified genes are responsible for food safety import by themselves , export; When imports are subject to the provisions of the law of Vietnam; When exports are subject to the provisions of this Ordinance and the regulations of the importing country laws article 24.
1. organizations, households and individuals importing, exporting food must have verified certificate meet the requirements of hygiene and food safety of the competent State bodies.
2. the State bodies are competent to perform safety inspections of food imports, exports must be responsible before the law about the test results of food safety.
Government regulation procedure for checking food safety import, export.
Article 25.
1. Food imports, exports have been confirmed to meet the requirements of hygiene and food safety due to the competent organizations of the country signed the international treaty to acknowledge each other with Vietnam in accreditation activities, recognized quality management system can be checked if found to have violated the regulations sign by law on Vietnam b. food safety.
2. Food imports, exports have been certified as standard, the Organization's food, personal business, manufacturing has been certified to have a quality management system for food safety and hygiene standard fit Vietnam or foreign standards, the international standards applied in Vietnam can be reduced by the number of times to check on food safety.
Article 26.
1. the food does not meet the requirements of hygiene and food safety can be recovered, recycled, turning the purpose of use, re-export or destruction according to the decision of the competent State agencies; organizations, households, individuals must bear all costs for the processing of food imports that do not meet the requirements.
2. export food does not meet the requirements of hygiene and food safety can be recycled, turning the purpose use or destruction according to the decision of the competent State agencies; organizations, households, individuals must bear all costs for the food processor that I export the unsatisfactory article 27. Food carry the entry, exit, transit to the individual consumer; food for staff, passengers on the transport, entry, exit, transit Vietnam; food is the transit goods Vietnam must ensure the requirements of hygiene and food safety under the provisions of this Ordinance and the provisions of relevant laws.
Section 5. The PRODUCTION CONDITIONS, the FOOD BUSINESS Article 28.
1. organizations, households, individual manufacturing, food business must implement the hygiene conditions of food safety as defined in items 1, 2, 3 and 4 of this chapter.
2. organizations, households, individual manufacturing, food business high risk must be competent State Agency certificates of eligibility for food safety.
The Government regulates the food catalog high risk, competence and procedure for certification of eligibility for food safety.
Article 29.
1. People directly in production, the food business is health standards, not infectious diseases and knowledge of food safety.
2. The Ministry of health health standards regulations, require knowledge of food hygiene and safety for the people directly in production, the food business suit every production lines, business.
Article 30.
1. organizations, households, individual manufacturing, food business has a responsibility to ensure the standard of health of the person directly in manufacturing, business at his base in accordance with the law.
2. The Ministry of health health inspection rules for people working in production basis, the food business.
ITEM 6. PUBLISHED STANDARDS of HYGIENE and FOOD SAFETY article 31. Organizations, households, individuals produce food business, ensuring the hygiene standards of food safety.
Article 32. The State Agency has the authority to enact the standards of food hygiene and safety, testing methods, regulations on the management of food safety and hygiene for food, food additive, food processing support, micro-nutrients, functional food, food at high risk , food is preserved by irradiation, food has been damaged, contain, materials for food packaging, appliances, machinery manufacturing, food business.
Article 33.
1. organizations, individual manufacturing, food business business registration are announced the Vietnam standards or applicable industry standards as defined by the law; the case announced the base standard, then that standard not lower than industry standards, standards of Vietnam.
2. organizations, individual manufacturing, food business business registration are made according to the standards that you've published and regulations on food safety by the competent State agencies; regularly check and take responsibility for food safety for the food produced, business.
3. organizations, households, individual manufacturing, food business without business registration must comply with the provisions of the law on food safety, responsible for food safety for the food produced, business.
Section 7. O FISH PROMO, FOOD LABELING Article 34.
1. Advertising of food, food additive, food processing support, micro-nutrients, functional food, food that has high risk of, foods preserved by irradiation, food has been modified and the issues related to food are made according to the provisions of the law on advertising. Advertisers are responsible for the content of your ad.
2. Advertising content on food, food additive, food processing support, micro-nutrients, functional food, food that has high risk of, foods preserved by irradiation, food has been modified and the issues related to food to ensure honest , accurate, clear, without causing damage to producers, consumers and business.
Article 35.
1. pre-packaged food must be food-food labeling must complete, accurate, clear, honest about food ingredients and other content in accordance with the law; not listed on food labels of any kind of food that has effective alternative medicines.
2. organizations and individuals who produce, pre-packaged food business on the territory of Vietnam to food labeling before food.
3. Food labels must contain the following basic content: a) the name of the food;
b) name, address food production;
c) quantification of food;
d) composition of the food;
DD) quality criteria of food;
e) date of production, shelf, shelf food;
g) preservation Guide, manual food;
h) origin of the food.
Chapter 3: prevention, OVERCOMING FOOD POISONING and DISEASES TRANSMITTED through FOOD Article 36. Measures to prevent food poisoning and diseases transmitted through food include: 1. Ensuring safety in production, trading and consumption of food;
2. Education, advocacy, dissemination of knowledge and practice about food hygiene and safety for producers, consumers and business;
3. test, inspection and food safety in production, the food business;
4. Analysis of the risk of contamination of the food;
5. The investigation, survey and store the data on food safety;
6. save the food sample under the provisions of the law of Article 37.
The remedies for food poisoning and diseases transmitted through food include: a) detection, timely treatment organizations for people suffering from food poisoning and diseases transmitted through food;
b) suspended the production, trading, use of contaminated food;
c) recovery of food produced and are circulating on the market were poisoned;
d) timely notice to consumers about food poisoning or disease transmission through food, food circulation market are contaminated;
timely investigation) determine the causes of food poisoning or disease transmission through food;
e) implement measures to prevent the spread of food poisoning plagues or diseases transmitted through food.
2. The Government of the specific assignment of responsibility of ministries, ministerial agencies, government agencies in preventing, overcoming food poisoning and diseases transmitted through food.
Article 38.
1. Organize, household, personal production, trading, use of food have a responsibility to proactively prevent and promptly overcome food poisoning and diseases transmitted through food.
2. organizations, individual household production, trading, use foods cause food poisoning or food-transmitted diseases are responsible for applying the right remedial measures, and must immediately report to the local people's Committee or state regulators hygiene and food safety where the closest and must bear all costs for Easter food poisoning or food-transmitted disease according to the provisions of the law.
Article 39. The Organization, the individual discovered signs of food poisoning or disease transmission through food have a responsibility to notify the medical basis or where the local people's Committee to take measures for prevention, timely remedy Article 40. The people's Committee responsible for implementing the measures for prevention of food poisoning or disease through local food; case of food poisoning or food-transmitted disease then must make the necessary measures immediately to another consequence, prevent the spread; at the same time the report with State Agency supervisor, State regulators hygiene and food safety authorities and inform the local people's Committee where there is likely to be spread.
The local people's Committee where there is likely to be spreading food poisoning or food-transmitted diseases are responsible for informing local people know to protect and implement coordinated measures remedial, prevent spread.
Article 41.
1. where the local people's Committee where food poisoning or food-transmitted disease does not afford the remedial, prevent spreading it must recommend the Superior State organs directly or state regulators hygiene and food safety has jurisdiction or support.
2. in case of diseases transmitted through food form the dangerous epidemic spread broadly, serious threats to life, health of human beings, they must follow the provisions of the law on State of emergency.
Chapter 4: GOVERNANCE of FOOD SAFETY and HYGIENE Article 42. Content management on food safety including: 1. The construction and implementation of strategies, policies, planning, plan on food hygiene and safety;
2. Enactment and implementation of these legal texts on food hygiene and safety regulations and standards for food safety and hygiene;
3. Formulate and implement plans to prevent, remedy and food poisoning and diseases transmitted through food;
4. Manage the test system, test on hygiene and food safety;
5. Manage the publication of the hygiene standards of food safety, certification of eligibility for food safety;
6. The organization of scientific and technological research in the field of food safety;
7. training, professional training on food hygiene and safety;
8. Organization of the work of information, advocacy, dissemination of knowledge and the law on food hygiene and safety;
9. International cooperation on food safety and hygiene;
10. Inspection, testing, complaint resolution, report and handle the violation of laws on food safety and hygiene.
43 things.
1. Government systems for the governance of food safety and hygiene.
2. The Ministry of health is responsible before the Government made the governance of food safety and hygiene.
3. The ministries in the scope of its powers, the mission is responsible, in coordination with the Ministry of health made the governance of food safety and hygiene in the field was assigned to charge according to the following rules: a) The governance of food safety and hygiene in the production process by the Ministry of specialized management, coordinated with the Ministry of health, the ministries concerned;
b) The governance of food safety and hygiene during the circulation by the Ministry of public health coordinated with the ministries concerned made.
4. the people's Committee in the scope of its powers, duties make the governance of food safety and hygiene.
Chapter 5: test, inspection of FOOD HYGIENE and SAFETY Article 44.
1. Within the scope of its powers, duties, State regulators hygiene and food safety are responsible for checking the implementation of the provisions of the legislation on food safety.
2. specific government regulations regarding the inspection of food hygiene and safety in the production, business.
Article 45.
1. The inspection of food safety due to the specialized inspection on hygiene and food safety made.
2. Organization and activities of the specialized inspection on food safety due to government regulations.
Article 46. Specialized inspection of food safety and hygiene is responsible for: 1. Inspect the observance of the provisions of the legislation on hygiene and food safety of the Organization, individual manufacturing, food business;
2. Inspection of the implementation of the standards of food hygiene and safety; Verify, conclusions, and recommendations disposal authority violated the law on food hygiene and safety;
3. the proposed construction, joining the legal text on hygiene and food safety.
Article 47. During the inspection, the inspector or inspectors have the following rights and responsibilities: 1. Request the individual organization concerned to provide information, resources and answers to the problems that needed inspection service; ask the Inspector object to provide the document, reporting on the issues related to the content of the Inspector; case of need are sample, sealed documents, exhibits that relate to the content of the Inspector, set the minutes about the violation of food safety under the rule of law;
2. Request the examiner, concluded the problems necessary to service inspection;
3. Suspension of violation the rules on food hygiene and safety harm or risk of harm to life, health of human beings and the other acts that cause damage to the interests of the State, the legitimate rights and interests of organizations and individuals;
4. Processed under the authority or the recommendations of competent State agencies handled violated the legislation on food hygiene and safety in accordance with the law;
5. Be responsible before the law on conclusion, measures for the handling or inspection of his decision;
6. The rights and responsibilities under the law.
Article 48.
1. organizations, households, individual manufacturing, food business has a responsibility to create conditions for the inspectors and the inspectors made the task of inspection of food hygiene and safety;
2. organizations, households and individuals is the object Inspector to accept the decision of the inspector or inspectors on hygiene and food safety.
Article 49.
1. organizations, households, individuals have the right to complain, to sue for administrative decisions, administrative acts of agencies, organizations, individuals with authority in the enforcement of laws on food safety and hygiene.
2. The individual has the right to report violations of laws on food safety and hygiene with agencies, organizations, individuals with authority.
Jurisdiction, procedure for resolving complaints, accusations and claims procedure prescribed in clause 1 and clause 2 of this was done in accordance with the law.
Chapter 6: REWARDS and TREATS breach of article 50. Organizations, households, individual achievement in ensuring food safety, or have discovered the violation of laws on food safety and hygiene shall be rewarded according to the provisions of the law.
Article 51. The Organization, individual manufacturing, food business have violations of the provisions of this Ordinance or the provisions of the law on food safety, then, depending on the nature and extent of the violation that sanctioned administratively or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 52. The advantage of the prerogatives, powers violate the provisions of this Ordinance or the provisions of the law on food safety, then, depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Chapter 7: terms of ENFORCEMENT of Article 53. This Ordinance has effect from 1 November 2003.
The previous provisions contrary to this Ordinance are repealed.
Article 54. The Government detailing and guiding the implementation of this Ordinance.
