The DECREE detailing implementation of some articles of the Ordinance on food safety _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT base of Government Organization Law No. 32/2001/QH10 on 25 December 2001;
The French base food safety order No. 12/2003/PL-UBTVQH 11 July 2003;
According to the recommendation of the Minister of health, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing implementation of some articles of the Ordinance on food hygiene and safety of food production and trading; responsible for the governance of the ministries, the people's Committee of the level of food safety and hygiene, prevention, overcoming food poisoning, diseases transmitted by food and inspection, the inspection of food hygiene and safety.
Article 2. The object of this Decree apply applicable to State authorities, organizations, social-political organizations, social organizations, social-professional organization, the people's armed units, households, individuals, and organizations, Vietnam foreign production, trading, use food in Vietnam; the case of the international treaties to which the Socialist Republic of Vietnam signed or joined other provisions shall apply under international treaties.
Article 3. The rights and responsibilities of consumers 1. Consumers have the right to: a) use, food choices and services to provide safe food hygiene;
b) provided information on hygiene and food safety, on the use of safe food;
c) be reimbursed for damage compensation, when using the food does not guarantee safety and hygiene according to the rule of law;
d) be taking contributions in the formulation and implementation of policies and legislation on food hygiene and safety when on the bridge.
2. The consumer is responsible for: a) protect yourself in the food consumption and use of food service;
b) make proper guidance on how to use safe food;
c) do not use food catering services, harm to health and to the community;
d) voluntary reporting to health authorities in the event of food poisoning and diseases transmitted through food;
DD) detect, denounce the violations of laws on food safety and hygiene.
Chapter II HYGIENE and SAFETY in PRODUCTION, the FOOD BUSINESS category 1 REGULATION on HYGIENE CONDITIONS of FOOD SAFETY article 4. Conditions ensuring food safety organizations, households, individuals, organizations, Vietnam foreign individuals when in production, the food business should ensure adequate conditions according to the rules of safety and hygiene: 1. The condition of the facility include: a) the location, environment;
b) requires design, factory layout;
c) factory structure;
d) water supply system;
DD) ice supply systems;
e) steam supply system;
g) compressed;
h) waste disposal system;
I) replacement labor protection;
k) toilet.
2. The condition of the equipment, instruments, including: a) means washing hands;
b) antiseptic;
c) devices for prevention against insects, harmful animals;
d) equipment, quality monitoring tools;
DD) equipment, tools for processing, packaging, storage, transport.
3. Conditions on humans include: a) the health of producers, food business;
b) knowledge, practice safe hygiene of food producers, food business.
Article 5. Responsible for the regulation of conditions ensuring food safety 1. The Health Ministry is responsible for issuing the General requirements of the hygiene conditions of food safety as stipulated in article 4 of this Decree.
2. The set of management functions, duties and powers assigned to the State management in the field of food safety and hygiene is responsible for issuing specific regulations regarding sanitation consistent with food safety regulations of the Ministry of health and the provisions of other relevant laws.
Section 2 procedures, JURISDICTION to EXAMINE FOOD SAFETY import, EXPORT article 6. Conditions of hygiene and food safety of imported food products imported to Vietnam must ensure the following conditions: 1. the certification was announced the product standard as defined in article 19 of this Decree.
2. Have checked the certificate meet the requirements of hygiene and food safety of the competent State agencies of Vietnam. For food ingredients and food additives, the shelf must be at least on two-thirds of the time used on the label since the time of shipment is imported into Vietnam.
3. The food of animal origin and unprocessed plant must be competent State agencies of Vietnam quarantine certification as stipulated by the law or the provisions of the international treaties to which the Socialist Republic of Vietnam has signed or joined otherwise.
Article 7. Principle of the test food safety import 1. All the raw materials, chemicals used in food processing, packaging in direct contact with food, food additives and food imports must be tested for food safety.
2. The following foods not subject to test food safety: a) the food carried people to the individual consumer, food l u iếu, diplomatic bags, the bags under the provisions of the law;
b) temporary food import-re-export;
c) transit food;
d) food send bonded.
3. the food was satisfactory confirmation 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 Vietnam laws on hygiene safety whole foods.
4. Food imports 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, international standards are allowed to adopt in Vietnam can be reduced by the number of times to check on food safety.
5. check the Decreases for the shipment to enter the next of the same kind, with the same origin, were checked 5 times in a row before reaching the required food safety then just check the records and the competent State agencies are allowed to reduce the frequency or content of the test prescribed in paragraph 2 and 3 of article 11 and just check for any form with the shipment.
6. During the test, if the profile has detected signs of violation or any sample test results do not meet the requirements of hygiene and food safety, the State Agency has the authority to apply the usual test mode specified in the paragraph 1, 2 and 3 of article 11.
Article 8. Registration records check food safety import registration records check food safety include: 1. check registration certificate (in the form prescribed by the competent State agencies);
2. A published standard base of organization, household, personal imports of food;
3. legal copies of invoices (Bill of Lading);
4. legal copies of invoices of the goods (Invoice);
5. legitimate copies of the certificate of origin (Certificate of Origin);
6. legal copies of A list of goods (Packing List);
7. legal copies of the foreign trade contract;
8. Certificate of test analysis results (Certificate of Analysis) of accredited testing rooms or by the manufacturer of the product is not yet published standards;
9. the free circulation certificate (Certificate of Free Sale) of produced water authority for food products have high risk of not yet published standards.

Article 9. The responsibilities of the institutions, households and individuals organized food imports, household, personal imports of food products (hereinafter collectively referred to as the owners) responsible to the law of Vietnam about ensuring safety and hygiene for food imports and must implement the requirements below : 1. Before the goods arrived at the gate, shippers must register checking food safety authorities check on food safety (hereinafter the Agency);
2. in regulation time since foodstuffs are adopted, shippers are required to present the status quo food along the customs records did customs procedures and records, other documentation as specified to perform the inspection agencies inspect the food hygiene and safety in the right location that shippers have registered with the Agency;
3. Food imports are only adopted when the inspection certificate in food hygiene and safety and traffic only when granted reported satisfactory hygiene and safety of food imports.
Article 10. The Agency's responsibility to check the safety of food imports 1. After receiving the registration records check of the shippers, in slow time for 3 days, the Agency must examine the registered license check food safety hygiene and shippers are customs brought about the location the goods are eligible for preservation. After that, the agency conducting the inspection in accordance with the time limit prescribed by law for each type of food;
2. Level the announced test results for shippers soon after results;
3. in case of foodstuffs does not meet the regulations on hygiene and food safety of imports can be recovered, recycled, turning the purpose of use, re-export or destruction according to the decision of the competent State agencies; Inspection Agency decided to treat as prescribed by law.
Article 11. Test method of safe hygiene of food imports 1. Check the record: mandatory for all registered shipment inspection of food hygiene and safety;
2. sensory testing: according to product standards and regulations published in the Vietnam standards, relevant industry standards;
3. Methods of analysis at the laboratory: follow the regulations of the Ministry of health and the Ministry of industry, relevant to each type of food to sample analysis plans. When signs of doubt about food safety, inspection agencies are allowed to take more samples out of range sample plan has been established to implement the corresponding analysis methods;
4. Check the model any physical indicators, chemistry and microorganisms upon request of the competent State bodies.
Article 12. Authority to inspect food safety import 1. The Ministry of health, in collaboration with the professional Manager to specify body check on food safety import or laboratory accredited to perform the relevant tests.
2. Body check on food safety has been assigned according to the provisions in clause 1 of article n are responsible for checking the safety of imported food.
Article 13. Check the food safety export 1. Exports of food products to ensure food safety and hygiene according to the regulations of the importing country.
2. The professional manager of the function, its task is assigned is responsible for the detailed instructions, procedures, authority to check the safety of food exports.
Section 3 procedure, the CERTIFICATION AUTHORITY ELIGIBLE FOOD SAFETY for MANUFACTURING FACILITIES, FOOD BUSINESS HIGH RISK article 14. List of foods high risk include the following groups: 1. Meat and meat products;
2. Milk and milk products;
3. Eggs and processed egg products;
4. fresh fishery and has passed for processing;
5. Creams, ice; natural mineral water;
6. functional foods, foods that strengthen the micro-nutrients, food supplements, food additives.
7. Food, beverage processing to eat right;
8. Frozen foods;
9. Soy Milk and products made from soybeans;
10. Vegetables, tubers, fresh fruit to eat right.
Article 15. Procedure for certification of qualified food safety for manufacturing facilities, food business risk 1. Organizations, households, individual manufacturing, food business high risk must send to the competent State agencies recommend qualified certification food safety and hygiene with regard to production facilities, business high risk foods (hereafter referred to as the certificate).
2. Application for certification include: a) the certification application;
b) business registration certificate (legal copy if available);
c) A demonstration of physical facilities, equipment, tools for ensuring hygienic conditions of food safety according to the rules of the governing body of the competent State;
d) A commitment to guarantee food safety for food ingredients and food products due to production facilities, business;
DD) certificate of eligibility of health home base and directly in production, according to the food business regulation of the Ministry of health;
e) certificate has been coaching knowledge on hygiene and food safety of the home base and directly in production, according to the food business regulation of the competent State bodies.
3. Upon receipt of a valid application, the competent State agency within 15 days to the evaluation, testing and certification of eligibility for food safety with the base. No case level, must clearly state the reason.
Article 16. The certification authority 1. The Ministry of Health issued a certificate for the production facilities, functional food business, food enhances micro-nutrients, food supplements, food additives, natural mineral water.
2. State health agencies are the Ministry of health allocated in the province, central cities (Department of health); the County, district, town (people's Committee) certification for the production facilities, food business for the higher-risk food products in addition to the provisions in clause 1 of this Article.
3. the competent State agencies, inspection checks on the hygiene conditions of food safety of production facilities, business. If the facility does not meet the regulations on hygiene conditions of food safety will be dealt with according to the provisions of the law.
ITEM 4 ANNOUNCED the HYGIENE STANDARDS of FOOD SAFETY PRODUCT for article 17. Published standards of hygiene and food safety for the product (product standards publication) 1. The Organization, individual manufacturing, food business business registration and company representatives, foreign airlines when putting food into circulation products sold on the markets of Vietnam must announce the product standard. Certificate of publication the product standard of value within 3 years from the date the competent State bodies.
2. organizations, individual manufacturing, food business registration business to make the publication of the hygiene standards of food safety is responsible for: a) ensuring food produced, business standard published safety;
b) make regulations on food safety at the facility and are responsible for recovery, recycling, turning the purpose of use, destruction or re-export food products due to its production base, sales did not meet safety standards.
Article 18. Announcement 1. For food production in the country, records published include:

a) 01 a published standard as defined by the Ministry of health, accompanied by 2 Standard Edition Enterprise issued by the base (with seal of the enterprise), including the content: the sensory criteria, physicochemical indicators, microorganisms, heavy metals, food additive, the time limit for using , manuals and packaging specifications, maintenance, production process according to the template specified by the Ministry of health;
b) Vote results tested quality criteria and indicators of food safety published by the laboratory must be accredited or State administration authority. Private natural mineral water must get more votes for the test results of water resources;
c) sample label and the label or labeling content draft product line with legislation on the label (stamped by the enterprise);
d) documents confirming the enterprise has the legal right to use the industrial property objects are in time are protected (if have or should have when the agency receiving records discovered signs of violation).
2. With regard to food imports, records published include: a) as defined in point a of paragraph 1 of this Article;
b) Vote results tested primarily quality ingredients and standards of hygiene, food safety and the manufacturer's certification of good manufacturing practices or of the competent testing authorities of the country of origin; in case of no votes on the testing results, they must have the vote results the Agency's testing or test laboratory is accredited in Vietnam;
c) product label and draft content label (stamped by importer);
d) free circulation certificate (Certificate of Free Sale) or health certificate (Health Certificate) of the competent State authorities of the country of origin with regard to food additives, substances that support processing.
3. for the product's functional foods, foods that strengthen the micro-nutrients, food supplement that contains the active ingredient have active new, published in profile, in addition to the standards of the product, must have a certificate of free circulation or medical certificate; research findings, clinical trials or scientific literature published about the work, the safety of the product; test results about the quality, hygiene, food safety laboratory is recognized or authorized inspection agency in the country is Vietnam Ministry of health assigned or producer has cGMP (good manufacturing practice) or certificate of HACCP (hazard analysis systems and critical control points). In the case of this organ is not tested is the use of test results to the competent authorities or by a recognized laboratory, acknowledged by the country of origin or third countries.
Article 19. Procedure of receiving records announced the Health Ministry and the competent health authority was decentralized health Ministry (Health Department) receiving record, check under the provisions of the law. Within 15 days of receipt, the Agency has the responsibility to review and if the publication of the standard product of the business was done in accordance with current rules, the confirmation of the announced product standard and handed back to the original profile 01 business (with stamp of the Ministry of health or the competent health authorities).
Notice and instructions for complete business profile standard announced if the profile content not in accordance with the provisions of the legislation on food safety.
Article 20. The responsibility to confirm the announced product standards 1. The Health Ministry announced the confirmation of product standards in the business (producers, importers, foreign business representatives) for the following products: bottled natural mineral water, cigarettes, functional food, food enhancing micronutrients, food supplements and imported products as food additives aid for processing, material or product has passed high temperature processing.
2. the Department of health, the central cities of confirmation published product standards of enterprises have closed production facilities on the area for the products in addition to the provisions in clause 1 of this Article.
Chapter III GOVERNANCE RESPONSIBILITIES REGARDING FOOD SAFETY and RESPONSIBILITY in the PREVENTION of FOOD POISONING, and DISEASES TRANSMITTED by FOOD category 1 RESPONSIBLE for the GOVERNANCE of FOOD SAFETY and HYGIENE article 21. The Ministry of health 1. Building and issued under the authority or the Government issued legal documents, strategies and policies on food safety and hygiene; in coordination with the ministries concerned to construct, issued and certified food hit or match safety standards for consumer domestic food;
2. Hosted, in cooperation with the ministries concerned to make the governance of food safety and hygiene for food products in circulation on the market and food imports; implementation of pollution control of microorganisms and residual chemicals exist in foods (including food supplements);
3. Hosted, in cooperation with the ministries involved in the inspection, the inspection of food hygiene and safety;
4. Presiding, in coordination with the ministries concerned the Organization made scientific research, technology, training, professional training, international cooperation in the field of food safety; oversee the Organization of information, advocacy, dissemination of knowledge and the law on food safety.
Article 22. The Ministry of agriculture and rural development 1. Implementing the governance of food safety and hygiene for food products throughout the production process from the cultivation, extraction, harvesting, production, processing, slaughter, preservation, transport functions, tasks until the agricultural products to be taken out of circulation on the domestic market and exports; management of veterinary hygiene for food products of animal origin imported into Vietnam;
2. Hosted, in cooperation with the Ministry of health building and issued the guidance documents made the management of food safety and hygiene as specified in paragraph 1 of this Article.
Article 23. The Ministry of fisheries 1. Implement state management on food safety for aquatic products in domestic consumption during the production process from the cultivation, extraction, processing, storage and transportation until the product is circulated on the market;
2. management of food hygiene and safety for aquatic food products export, temporary import-re-export;
3. Hosted, in cooperation with the Ministry of health building and issued the guidance documents made the management of food safety and hygiene as defined in clause 1 and 2 of this Article.
Article 24. The Ministry of industry 1. Implementing the governance of food safety and hygiene for food products throughout the production process of the base within the scope of its management functions and tasks until the food product is circulated on the domestic and export markets;
2. Hosted, in cooperation with the Ministry of health and the Ministry of construction and related industries, issued the guidance documents made the management of food safety and hygiene as specified in paragraph 1 of this Article.
Article 25. Ministry of Commerce 1. In collaboration with the Ministry of health and the ministries relating implement state management for the food circulation on the market according to the functions and tasks assigned;
2. In coordination with the ministries concerned make check, inspection and food safety for the food market and food imports;

3. Hosted, in cooperation with related ministries formulated and promulgated legal documents about the business conditions in food services, fresh service businesses and processing; inspect the implementation of the legal texts mentioned above.
Article 26. The Ministry of science and technology 1. Hosted, in cooperation with the Ministry of health and the ministries concerned Vietnam standards on food, process, production certification, food business quality standards.
2. Hosted, in cooperation with the Ministry of health and the ministries concerned build process checks the State of the quality of the food.
Article 27. The Ministry of culture and information, in collaboration with the Ministry of health and the ministries involved advocacy, dissemination of knowledge and the law on food hygiene and safety; rules of the advertising activities for food.
Article 28. The Ministry of finance 1. Hosted, in cooperation with the Department of health guidance on currency, payment of fees on hygiene and food safety;
2. In coordination with the Ministry of health and the Ministry of management perform checking food imported under the provisions of the customs legislation and the provisions of this Decree.
Article 29. The people's Committee of the level 1. Responsible for coordinating with the competent authority specified in article 21, 22, 23, 24, 25, 26, 27 and 28 to perform state management on food hygiene and safety in the area throughout the production process from the cultivation, harvesting, fishing, mining, slaughtering and processing , preservation, shipping to when food to consumers; safety management for street food, markets, tourism, the Festival.
2. Directing education, guide the implementation of enforcement of legal texts on food hygiene and safety. Inspect, inspect the implementation of the legal provisions on hygiene and food safety.
3. Direct the departments in local construction industry production, processing of agricultural products, food safety; build community participation model management, monitoring ensuring food safety locally.
Section 2 RESPONSIBILITIES in PREVENTING, OVERCOMING FOOD POISONING and DISEASES TRANSMITTED through FOOD article 30. The people's Committee of the level 1. The people's Committee responsible for managing and directing the activities ensure food safety for the food circulation;
2. In the event of food poisoning, the food-transmitted disease to steer the investigation, recovery and resolve timely consequences. Case of exceeding its capacity, the level of people's committees are responsible for people's Committee issued reports on the direct and the management bodies of State authority on food safety, to tackle and overcome the radical consequences due to food poisoning and diseases transmitted through food cause.
Article 31. The Ministry of agriculture and rural development, the Ministry of fisheries 1. The Ministry of agriculture and rural development, the Ministry of fisheries is responsible for managing and directing the good manufacturing practices to ensure safety for the agricultural, fisheries products before making circulation on the market;
2. In the event of food poisoning is responsible for cooperation with the people's committees of all levels, the Health Ministry and the ministries concerned to overcome and deal with the consequences.
Article 32. The Ministry of industry 1. The Ministry of industry and the related industries is responsible for managing and directing the production and food processing factories, factories to food products marketed to ensure safety and hygiene;
2. In the event of food poisoning is responsible for cooperation with the people's Committee, the Ministry of health and the ministries concerned to overcome and deal with the consequences.
Article 33. The Ministry of health 1. The Ministry of health is responsible for the promulgation of industry standards and regulations on food hygiene and safety; check and inspection of the implementation of industry standards and regulations which, at the same time organizations determine the basis of the cause, the cause of the meal, the food cause and the root causes as well as the emergency organizations treat food poisoning;
2. In the event of food poisoning, is responsible, in coordination with the ministries concerned and the people's Committee of the levels to overcome and deal with the consequences.
Article 34. Organizations, households, individual manufacturing, food business organizations, households, individuals produce food business is responsible for implementation of the regulation, the requirements for food safety and hygiene to save food samples according to regulations. In the event of food poisoning and diseases transmitted through food because his base of food production, the business must immediately report to the health authorities and the local authorities to implement the measures promptly. Customize each level of violation will be handled administratively or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law.
Article 35. The bodies of other relevant organizations, the ministries concerned, the mass information agencies, socio-political organizations, social organizations, professional organizations are responsible for jointly organised education, raise awareness and good practice about food hygiene and safety proactive, prevention of food poisoning and diseases transmitted through food, in collaboration with the medical industry recovery in the event of food poisoning.
Article 36. Treating food poisoning occurs when 1. When going on a food poisoning case should immediately report to the Health Department and the local people's Committee is the nearest place. If the service of mass poisoning people or have mortality or arise in two provinces, central cities and over, regardless of the individual or organization first must immediately report to the Health Department to take measures to handle, timely remedial the report at the same time, the Ministry of health.
2. The Ministry of health regulations on the reporting regime for food poisoning and diseases transmitted through food.
Chapter IV inspection, INSPECTION of FOOD HYGIENE and SAFETY category 1 TEST FOOD SAFETY Article 37. Competence test in the range of functions, duties, authority, the State Agency on food safety and hygiene as stipulated in articles 21, 22, 23, 24, 25, 26, 27, 28 and 29 of this Decree are responsible for checking periodically, irregular with respect to the implementation of the provisions of the legislation on food safety.
Article 38. Content check checking the hygiene conditions of food safety as specified in section 1, chapter II of this Decree, the norms of hygiene and food safety, the provisions of the legislation on food labelling and advertisements for food.
Article 39. The responsibilities of the unit check 1. The election authority working with the check;
2. Provide full information, timely reporting, documents at the request of the person who was assigned to check and be responsible before the law about the information, documents and reports has to offer;
3. Accepted the requests, recommendations, decisions, conclusions about the test.
Article 40. The minutes of the test 1. The end of the test, the test must set the minutes of the test. The minutes are made in 2 copies: 1 a save at the Agency, check a store in the unit test;
2. the report on the check must be fully signed by Union representatives and representative test unit is checked.
a) case unit is checked not unanimous conclusions of the inspection delegation is entitled to reserve in the minutes at the same time stating the reasons have not agreed with the conclusion in the minutes;
b) If unit is checked not sign test, then the test indicates the group is: "the representative unit tested no good sign". This record is legitimate when there is full of the signatures of all the members of the test group.

3. In the case of test that detects the basis of violations, the Agency established a record breaking and shifted bodies competent to handle according to the provisions of the law.
Section 2 INSPECTION of FOOD HYGIENE and SAFETY Article 41. The Organization, the activities of the specialized inspection of food safety inspectors perform medical specialist Inspector food safety and hygiene on nationwide. The Organization, the specialized inspection activities on hygiene and food safety made as specified in articles 46, 47, 48, 49 of the Ordinance on food safety, the State Inspector rules on health and the provisions of relevant laws.
Article 42. Responsible for performing inspections of food safety 1. The Ministry of health, in collaboration with the Ministry of Commerce, Ministry of finance and the ministries involved inspection of food safety for the food circulation on the market, imported food. The Ministry of fisheries, Ministry of agriculture and rural development, the Ministry of industry is responsible for chairing, in cooperation with the Ministry of health and the ministries involved in the implementation of the inspection of food hygiene and safety in the production process for the food to be assigned to management. When organizations, households, personal signs in violation of regulations on food safety, Health Ministry inspectors chaired and coordinated with the ministries involved in the inspection process in the production of that food.
2. the people's Committee of the level of implementation of the inspection of food safety within the scope of the duties and powers are devolved areas.
Chapter V ENFORCEMENT PROVISIONS Article 43. Effective enforcement of this Decree has effect after 15 days from the date The report. The previous provisions contrary to this Decree are repealed.
Article 44. The responsibility to guide and implement delivery of Ministry of health, in coordination with the ministries concerned detailed instructions implementing this Decree.
Article 45. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.