Chương X: Quản lý nhà nước về an toàn thực phẩm

Chapter X

STATE MANAGEMENT OF FOOD SAFETY

Section I. RESPONSIBILITIES FOR STATE MANAGEMENT OF FOOD SAFETY

Article 61. Responsibilities for state management of food safety

1. The Government shall perform the unified state management of food safety.

2. The Ministry of Health is answerable to the Government for performing the state management of food safety.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Health in performing the stale management of food safety.

4. People's Committees at all levels shall perform the sate management of food safety in their respective localities-

Article 62. Responsibilities of the Ministry of Health for state management of food safety

1. General responsibilities:

a/ To assume the prime responsibility for formulating and submitting national strategies and master plans on food safety to competent state agencies for promulgation, and organize the implementation thereof

b/ To promulgate national technical regulations on safety criteria and limits on food products; food-packaging tools and food packages and containers.

c/ To request ministries, sectors and provincial-level People's Committees to make regular and irregular reports on food safety management;

d/ To prescribe general conditions on food safety assurance for food producers and traders;

e/ To assume the prime responsibility for organizing the propagation and education about the taw on food safety: to warn food poisoning incidents.

f/ To unexpectedly inspect and examine all stages in the process of food production, import and trading under the scope of management of other ministries when necessary.

2. Responsibilities in sectoral management:

a/ To assume the prime responsibility for formulating and promulgating or submitting strategies, policies, master plans, plans and legal documents on food safety to competent state agencies for promulgation, and organize the implementation thereof in its assigned management domain;

b/ To manage food safety throughout the process of production, preliminary processing, processing, preservation, transportation, export, import and trading of food additives, food processing aids, bottled drinking water, natural mineral water, functional food and other foods under the Government's regulations:

c/ To manage food safety with regard to food-packaging tools and food packages and containers in the process of food production, processing and trading in its assigned management domain;

d/ To inspect, examine, and handle violations of the law on food safety in the process of food production, export, import and trading in its assigned management domains.

Article 63. Responsibilities of the Ministry of Agriculture and Rural Development

1. To assume the prime responsibility for formulating and promulgating or submitting policies, strategies, master plans, plans and legal documents on food safety in its assigned management domain to competent state agencies for promulgation, and organize the implementation thereof.

2. To manage food safely in the primary production of agricultural, forest, aquatic and salt products.

3. To manage food safety throughout the process of production, collection, slaughter, preliminary processing, processing, preservation. transportation, import, export and trading of cereals, meat and products thereof, aquatic animals and products thereof, vegetables, tubers and fruits and products thereof, eggs and products thereof, fresh milk, honey and products thereof, genetically modified food, salt and other farm products under the Government's regulations.

4. To manage food safety with regard to food-packaging tools and food packages and containers in the process of food production, processing and trading in its assigned management domain.

5. To make regular and irregular reports on the management of food safety in its assigned management domain.

6. To inspect, examine, and handle violations of the law on food safety in the process of food production, export, import and trading in its assigned management domain.

Article 64. Responsibilities of the Ministry of Industry and Trade

1. To assume the prime responsibility for formulating, promulgating or submitting policies, strategies, master plans, plans and legal documents on food safety in its assigned management domain to competent stale agencies for promulgation and organize the implementation thereof.

2. To manage food safety in the process of production, processing, preservation, transportation, import, export and trading of liquor, beer, beverage, processed milk, vegetable oil, powder and starch processed products and other products under the Government's regulations.

3. To manage food safety with regard to food-packaging tools and food packages and containers in the process of food production, processing and trading in its assigned management domain.

4. To promulgate policies and master plans on markets and supermarkets and regulations on food trading at markets and supermarkets.

5. To assume the prime responsibility for preventing and controlling fake food, and trade fraud in food circulation and trading.

6. To make regular and irregular reports on the management of food safety in its assigned management domain.

7. To inspect, examine, and handle violations of the law on food safety in the process of food production, import, export, and trading in its assigned management domain.

Article 65. State management responsibilities of People's Committees at all levels

1. To promulgate according to their competence or submit local legal documents and technical regulations to competent state agencies for promulgation; to formulate and implement master plans on safe food production zones and establishments so as to ensure management in the entire food supply chain.

2. To be responsible for managing food safety in their respective localities: to manage food safety assurance conditions for small-scale food production and trading establishments, street food, catering establishments, and food safety at local markets and subjects in their assigned management domain.

3. To make regular and irregular reports on the management of food safety in their respective localities.

4. To arrange human resources, train and improve qualifications of human resources for the work of food safety assurance in their respective localities.

5. To organize the work of information, education and communication to raise awareness about food safety, the sense of observing the law on food safety management, the sense of responsibility of food producers and traders toward the community and the awareness of consumers about food safety.

6. To inspect, examine and handle violations of the law on food safety in their respective localities.

Section 2. FOOD SAFETY INSPECTION

Article 66. Food safety inspection

1. Food safety inspection is specialized inspection. Food safety inspection shall be conducted by the health; agriculture and rural development; and industry and trade sectors under the law on inspection.

2. The Government shall specify the coordination among food safety inspectorates of ministries and ministerial-level agencies with other forces in ensuring food safety.

Article 67, Contents of food safety inspection

1. Compliance with technical standards and regulations on food safety applicable to food production and trading and food products promulgated by competent state agencies.

2. Compliance with relevant food safety standards announced by food producers for application to food production and trading and food products.

3. Advertising and labeling of food within the scope of management.

4. Regulation conformity certification and food safety testing.

5. Compliance with other legal provisions on food safety.

Section 3. FOOD SAFETY EXAMINATION

Article 68. Responsibilities for food safety examination

1. Food safety management agencies under line ministries shall conduct food safety examination in food production and trading under Articles 61 thru 64 of this Law.

2. Food safety management agencies under provincial-level People's Committees shall conduct food safety examination in their respective localities under regulations of line ministries and the assignment by provincial-level People's Committees.

3. In case an inter-sector examination of food safety is related to the management scopes of many sectors or localities, the agency in charge of the examination shall coordinate with concerned agencies under related ministries, ministerial-level agencies and provincial-level People's Committees in conducting the examination.

4. Food safety examination must ensure the following principles:

a/ Objectivity, accuracy, publicity, transparency and non-discrimination.

b/ Keeping confidential information, documents and results of examination related to inspected agencies and food producers and traders pending the availability of official conclusions;

c/ Causing no troubles to food producers and traders.

d/ Taking responsibility before law for relevant examination results and conclusions.

5. Line ministers shall specify food safety examination activities in their assigned management domains.

Article 69. Powers and tasks of food safety management agencies in food safety examination

I. Within the ambit of their respective tasks and powers, food safety management agencies have following powers in food safety examination:

a/ To decide to form examination teams to conduct planned or unexpected examinations.

b/ To warn food unsafely risks:

c/ To handle violations in the course of examination under Articles 30, 36 and 40 of the Law on Product and Goods Quality:

d/ To settle complaints and denunciations about decisions of examination teams, and acts of inspection team members under the Law on complaints and denunciations.

2. The food safety management agencies, within the ambit of their tasks and powers, have the following tasks:

a/ To draw up annual examination plans and submit them to competent state agencies for decision;

b/ To receive registration dossiers of registration for testing of the safety of imported food: to certify food safety assurance conditions for imported food;

c/ To issue handling decisions within 3 working days from the date of receiving reports of inspection teams regarding suspending food production, and trading activities, scaling up food and suspending advertisement of unsafe food.

Article 70. Examination team

1. An examination team shall be formed under a decision of the head of a food safety management agency on the basis of an examination program or plan approved by a competent state agency or in case of unexpected examination.

2. In the course of food safety examination, examination teams has the following powers and tasks:

a/ To request food producers and traders to present related documents, and handle violations in the course of examination under Articles 30 and 40 of the Law on Products and Goods Quality, to supply copies of the documents mentioned in this Clause, when necessary;

b/ To take samples for testing when necessary;

c/ To seal food, suspend the sale of unsuitable food, suspend food advertisements containing improper contents in the course of market examination and report to the food safety management agency within 24 hours after so doing:

d/ To request organizations and individuals producing and trading in food which is unconformable with announced applicable standards, technical regulations and regulations or relevant conditions to take remedies;

e/ To propose the food safety management agency to handle violations according to its competence specified in Article 69 of this Law;

f/ To ensure the examination principles provided in Clause 4. Article 68 of this Law during examination;

g/ To accurately and timely report examination results to the food safety management agency.